Anaya Nolan
Shepardizing is the process of checking whether a case is still considered good law, i.e., that it has not been superseded, overruled, reversed, or questioned. It involves using Shepard's Citations Service to validate a citation and determine whether a case is still valid in light of more recent decisions. While Shepardizing typically applies to cases, statutes, and other legal authorities, it's worth exploring whether law review articles can also be Shepardized. Law review articles are considered legal authorities, and they can be cited and referenced in legal arguments. Therefore, it's important to determine whether the principles of Shepardizing can be applied to these articles to ensure their ongoing validity and relevance in the legal landscape.
| Characteristics | Values |
|---|---|
| Purpose | To validate a citation |
| To check if a case is still "good law" | |
| To find if a case has been referenced in other reporters | |
| To find cases, statutes, law reviews, and other legal resources that quote or cite a case | |
| To find if a case has been reversed, overruled or denied | |
| To find if a case is "bad law" | |
| To find if a case has been superseded | |
| To find if a case has been questioned | |
| To find prior and subsequent appellate history for a case | |
| Tools | Shepard's by LexisNexis |
| Westlaw Database | |
| KeyCite | |
| Shepard's Statutes Citations |
Explore related products
What You'll Learn
Shepardizing to validate a citation
Shepardizing is the process of validating a citation to ensure that it is still considered "good law". It involves using Shepard's Citations Service or LexisNexis to generate a report on a case, which includes information on whether the case has been referenced in other opinions, how it has been treated, and whether it has been superseded, overruled, reversed, or questioned.
The process is named after Frank Shepard, a 19th-century legal publisher who developed a system for indexing all the citations that reference a particular case. Traditionally, Shepardizing required a manual review of published volumes and supplements to find references to a single case. Today, this process can be done electronically through LexisNexis, which provides a comprehensive report on the case's treatment and authority.
To Shepardize a case, one must first log in to LexisNexis using their online ID and password. Law students can access the site via a specific link. Once logged in, the user can look up their case by entering the citation, including the volume, reporter designation, and page number, in the main search box. After opening the full-text view of the case, the user can select "Shepardize" from the "Next Steps" dropdown box or click on the Shepard's Signal in the top left corner. A Shepard's report will then be automatically generated.
It is important to note that law reviews and journals are listed alphabetically by publication title rather than date. Therefore, when there are numerous articles to review, the date of publication becomes a crucial factor in the Shepardizing process. Additionally, LexisNexis provides options to filter negative, positive, or customized references, aiding in the efficient analysis of lengthy citation lists.
Norms vs Laws: The Fine Line
You may want to see also
Explore related products
![Basic Legal Research: Tools and Strategies, Revised 8th Edition [Connected eBook with Study Center] (Aspen Coursebook Series)](https://m.media-amazon.com/images/I/81t2iaBh45L._AC_UL320_.jpg)
Locating cases, statutes, and law reviews
Locating Cases
To locate cases, you can use online databases such as Westlaw and LexisNexis. These databases provide access to case law, statutes, and other legal sources. When using these databases, you can search by citation, including the volume, reporter designation, and page number. You can also use features like Shepard's by LexisNexis, which allows you to Shepardize a case and find all the opinions in which it has been referenced.
Additionally, websites like Justia and FindLaw offer free access to state and federal court opinions, case summaries, and U.S. Codes and Statutes. The U.S. Supreme Court, as the highest court in the country, is followed by lower federal courts, including the U.S. Courts of Appeals, U.S. District Courts, and specialized courts like the U.S. Court of International Trade. Cases are typically listed in this hierarchical order, with federal circuits in number order and federal district courts in alphabetical order.
Locating Statutes
Statutes, also known as codes or acts, are laws that have been enacted by a legislative body. To locate statutes, you can refer to the U.S. Code, which is a compilation of all the general and permanent laws of the United States. The U.S. Code is organized by subject matter and is available on legal databases like Westlaw and LexisNexis, as well as free websites like FindLaw. Additionally, you can refer to state-specific codes, such as the California Code or New York Codes, Rules, and Regulations, to find statutes relevant to a particular state.
Locating Law Reviews and Journals
Law reviews and journals are secondary sources that provide analysis and commentary on legal topics. They are often published by law schools and legal organizations. While they do not carry the weight of case law or statutes, they can be valuable resources for understanding complex legal issues and staying up-to-date with emerging legal theories. To locate law reviews and journals, you can use legal databases like Westlaw and LexisNexis, which offer a comprehensive collection of these publications. Additionally, many law schools and legal organizations make their law reviews publicly available on their websites. It's important to note that law reviews and journals are typically listed in alphabetical order by publication title, rather than date, which can make it challenging to find the most recent articles when there are numerous results.
Darcy's Law: Understanding Its Applicability in Gas Flows
You may want to see also
Explore related products
Determining if a case is still good law
The process of determining whether a case is still good law is called "Shepardizing". It is named after Frank Shepard, a 19th-century legal publisher who developed a system for indexing all the citations that reference a particular case.
To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case. This can be done by using citators such as Shepardizing on Lexis or KeyCiting on Westlaw.
Subsequent history indicates whether your case was appealed and later overturned or affirmed. This can be found under the History tab on Westlaw or the Direct History list on Bloomberg Law. Subsequent citations indicate how other cases that came after your case have treated it. This can be found under the Citing References tab on Westlaw or the Citation Analysis list on Bloomberg Law.
When Shepardizing a case, you can use Shepard's by LexisNexis to locate cases that have referenced your case. The database will automatically produce a report showing every opinion in which your case has been referenced, with a symbol highlighting any negative treatment.
It is important to note that even if there is no later appellate history (the case was not appealed), the case may still not be considered good law. A case is considered "bad law" when it is expressly overruled or disapproved by a citing case, just like a repealed statute, and can no longer be used as a controlling law.
Castration Laws in Florida: Adult Rights and Restrictions
You may want to see also
Explore related products
](https://m.media-amazon.com/images/I/81uR4LG5eAL._AC_UL320_.jpg)
![The Process of Legal Research: Practices and Resources [Connected eBook with Study Center]](https://m.media-amazon.com/images/I/71OG9MNqOCL._AC_UL320_.jpg)
Shepardizing and KeyCiting online
Shepardizing and KeyCiting are processes used to determine whether a case is still considered "good law". They are also used to provide parallel citations and both prior and subsequent appellate history for authorities.
Shepardizing
Shepardizing is a brand name service, currently unavailable through Cornette Library databases. It is named after Frank Shepard, a 19th-century legal publisher who developed a system for indexing all the citations that reference a particular case. To Shepardize a case, you can use Shepard's by LexisNexis. The database automatically produces a report showing every opinion in which your case has been referenced, with a symbol that highlights any negative treatment.
KeyCiting
KeyCite is a similar product to Shepard's, created by Westlaw. It is available for state and federal cases. KeyCite information is found under the tabs: Negative Treatment, History, and Citing References. The Negative Treatment tab shows whether the case is still "good law", while the History tab shows the graphic view of the appellate history of a case.
Both Shepard's and KeyCite provide similar services, but there are some unique features and search capabilities to each. For example, they rely on similar but not identical sets of symbols to indicate the status of cases. These are called signals in Shepard's, flags in KeyCite, and indicators in BCite. A red symbol in Shepard's is not an automatic indication of bad law, but in KeyCite, it indicates the case is bad law on at least one point.
Natural Law Theory: Atheist-Compatible?
You may want to see also
Explore related products
![The Legal Writing Handbook: Analysis, Research, and Writing [Connected eBook with Study Center] (Aspen Coursebook)](https://m.media-amazon.com/images/I/71PYHTsY+bL._AC_UL320_.jpg)
![Basic Legal Research Workbook: [Connected eBook with Study Center] (Aspen Coursebook)](https://m.media-amazon.com/images/I/713yVkqxiRL._AC_UL320_.jpg)
Using LexisNexis to Shepardize
The process of Shepardizing involves determining whether a case is still considered "good law", i.e., whether it has been superseded, overruled, reversed, and/or questioned. It is named after Frank Shepard, a 19th-century legal publisher who developed a system for indexing all the citations that reference a particular case.
Shepardizing can be done using Nexis Uni (formerly known as LexisNexis Academic). Here is a step-by-step guide on how to use LexisNexis to Shepardize:
Step 1: Accessing LexisNexis
Log on to LexisNexis by entering your online ID and password. If you are a law student, you can access the site by visiting https://signin.lexisnexis.com/lnaccess/app/signin/aci/ls.
Step 2: Locating the Case
Look up your case by entering the citation, including the volume, reporter designation, and page number, within the main search box.
Step 3: Viewing the Full Text
Once you have located the case, open the full text view. At the top of the screen, there should be a brief note stating if the case has been overruled, superseded, etc.
Step 4: Shepardizing the Case
Use the "Next Steps" dropdown box at the top right of the case to select "Shepardize". Alternatively, you can click on the Shepard's Signal™ indicator on the top left.
Step 5: Reviewing the Shepard's Report
Once you have selected "Shepardize", a Shepard's report will be automatically generated. This report will show every opinion in which your case has been referenced, with symbols indicating any negative treatment.
Step 6: Understanding the Report
The Shepard's Signal marker will indicate the standing of your case as treated by other cases. The report will also provide a summary of any subsequent negative appellate history and the numbers and types of citing references.
Additional Features
LexisNexis provides several choices to focus or restrict your results. At the top of the screen, you can select negative references only (All Neg), positive references only (All Pos), or create a customized list (Focus-Restrict By).
Other Resources
It is important to note that Shepardizing can also be done using Westlaw's database, which provides access to case law, US Code Annotated, statutes, court rules, and secondary sources, including law reviews and journals. Additionally, when using Nexis Uni, you can access Shepard's Citators, which include the most current cases, unpublished decisions, and law review articles.
Martial Law: Executive Orders Explained
You may want to see also
Frequently asked questions
Shepardizing is the process of determining whether a case is still "good law". It involves checking whether a case's authority has changed as a result of more recent decisions.
You can Shepardize a case by using Shepard's by LexisNexis. This database will automatically produce a report showing every opinion in which your case has been referenced. You can also use Westlaw's new interface for searching and accessing case law.
When Shepardizing a case, the report will show whether the case has been overruled, superseded, or reversed. Shepardizing a law review article, on the other hand, will provide a list of cases that have cited the article. These cases can be used to interpret the law review article.
When Shepardizing law review articles, it is important to pay attention to the dates of the articles and the citations within them. Additionally, you may want to restrict your results to negative or positive references only, or create a customized list using the Focus option.
 (Aspen Paralegal Series)](https://m.media-amazon.com/images/I/91X0CqY7ddL._AC_UL320_.jpg)
