Why Would You Shepardize A Case?

What does it mean to Shepardize a case?

The verb Shepardizing refers to the process of consulting Shepard’s to see if a case has been overturned, reaffirmed, questioned, or cited by later cases.

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Why is it important to Shepardize a case?

Shepardizing is important because it helps you check the status of a case or statute to ensure that it is still good law. It also helps to locate other cases, statutes, and legal resources that cite your case on a similar legal issue.

What does it mean to Shepardize a case on Westlaw?

The term Shepardize means the process of checking a case’s prior precedents. … The use of KeyCite on Westlaw is the equivalent to Shepardizing a citation using Shepard’s on Lexis. By using KeyCite, you can easily determine if your case is still “good law.”

How do you Shepardize a case in Lexis?

How do I “shepardize” a case when I know the citation?The most common method is to enter “shep:” in the search box, followed by your citation, then press ENTER or click the search button; or.Enter just the citation name in the search box, then click the Shepard’s Signal™ indicator next to the document name; or.More items…•

How do you Shepardize a case?

“Shepardize” a Case: Westlaw KeyCiteFind a case; go to the full text of case.Top of screen should have a brief note that states if the case is overruled, superseded, etc.KeyCite information is under the tabs Negative Treatment, History, and Citing References.Click tab for Negative Treatment to see if still good law.More items…

How do you know if a case is still good law?

The only way you can know if your case is still good law is to validate your research. “Validating” your case research means to run your case through a citator service to see if there are subsequent legal authorities that invalidate your case and then reading those cases that negatively impact your case.

How do you KeyCite a case?

If you wish to view the negative history associated with a case, you can click on the KeyCite flag/icon or the “Negative History” tab. The Negative Treatment tab provides the negative history for a case, which includes all negative direct history and negative citing references.

What does KeyCite mean?

KeyCite on Thomson Reuters Westlaw. Page 1. KeyCite® is the industry’s most complete, accurate, and up-to-date citation service. Use it to instantly verify whether a case, statute, regulation, or administrative decision is still good law, or whether a patent or trademark is still valid.

Which is an online source that may be used to determine if a case is still good law?

A Citator is a tool which allows you to track the history of your case and the treatment of your case by subsequent courts. Citators allow you to determine if your case is still good law and it acts as a research tool allowing you find other cases (and other secondary materials) which cited your case.

Can you Shepardize a statute?

For example, to Shepardize a state statute, use a state citator, because only state citators include state statutes as cited references.

What is Shepard’s law?

Primary tabs. In the legal field, Shepard’s is a highly regarded citational index. It allows researchers to track particular judicial decisions, statutes, and other legal resources as they are invoked at different historical moments for a range of purposes.

What is citation of a case?

Case citation is citing references used by legal professionals. … There are three parts of case citation – Volume, reported designation and page number. It gives information like the date of the case, what was the decisions of that case, and other information related to the case.

What does a red flag on Westlaw mean?

When you pull up a statute in Westlaw, if you see a red or yellow flag, that means that there is negative treatment for that statute. A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.

What is considered good law?

Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight. A good law decision has not been overturned (during an appeal) or otherwise rendered obsolete (such as by a change in the underlying law).