Kara Sears
Updating case law is a crucial aspect of legal research, ensuring that the cases you rely on are still valid and relevant. This process involves verifying if a case is still considered good law, meaning it has not been reversed, overruled, or otherwise impacted by subsequent authorities. To update a case, you can utilize resources such as law libraries, citators, or online tools like Google Scholar. It's important to consult Shepard's Citations or Westlaw's KeyCite to understand the case's history, subsequent treatment, and any citing references. Additionally, keeping up with new case opinions through publications like the Daily Appellate Report is essential to staying informed about the latest developments in case law.
| Characteristics | Values |
|---|---|
| Definition of updating case law | Checking to see if a case is still "good law", meaning it has not been expressly reversed, overruled, or otherwise impacted by subsequent authorities |
| Tools | Shepard's Citations (Lexis Advance), KeyCite (WestlawNext), BCite (Bloomberg Law) |
| Other tools | Google Scholar, Lexis, Westlaw |
| Google Scholar steps | Find a case in Google Scholar, select "Case law" under the search bar, look for a link labeled "Cited by" under the case in question |
| Shepardizing or KeyCiting purposes | Tells you whether a case is still good law, indicates the treatment the case has received in subsequent opinions, provides citations to subsequent cases that have cited your case |
| Other purposes | Provides access to case history and subsequent treatment |
| Other steps | Consult the Shepard's citations appropriate for the jurisdiction, look under the topics and key numbers in the West digest for your jurisdiction to find annotations to other relevant cases |
| Other considerations | If an opinion is very old and has not been cited by another case for many years, search the subject of the opinion in the appropriate state codes or statutes to make sure that it has not been superseded by a statute |
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What You'll Learn
Check if the case is still good law
To check if a case is still good law, you need to review its subsequent history and citations. This will show you how other cases have treated the case in question. There are several tools available to help you do this, including citators such as Shepard's on Lexis and KeyCite on Westlaw.
Shepard's on Lexis provides a Shepard's Report, which includes tabs for “Citing Decisions”, listing all the cases that cite the case in question, and “Shepard's Signals”, indicating the subsequent history and treatment of a case. When you pull up a case in Lexis, indicators will appear next to the case name to signal if it is still good law. A red stop sign, for example, indicates that a case may have been overruled or reversed, while a yellow triangle means that a case has received other negative treatment, such as being distinguished, limited, or criticized.
Westlaw's citator, KeyCite, provides a KeyCite Report, which includes tabs for “Citing References”, listing all the cases that cite your case, “Negative Treatment”, and “History”. The History tab lists the related previous and subsequent opinions in the case. Westlaw also uses signals to indicate case treatment.
Other citators include Bloomberg Law's BCite, which includes Direct History, listing the related previous and subsequent opinions in a case, and Citation Analysis, listing all the cases that cite your case, and Google Scholar's citator service for state and federal court opinions.
When reviewing citator reports, it is important to remember that a red signal doesn't necessarily mean it's bad law. It might be that the case was distinguished or overturned because of one point or legal issue within the legal opinion, but not the issue you are researching. Similarly, cases with a yellow flag or triangle should be used with caution, as they may have been distinguished by other court rulings. To determine the validity of your case, you must review the cases that offer negative treatment.
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Verify the case's treatment in subsequent opinions
Verifying how a case has been treated in subsequent opinions is a crucial step in determining its validity and applicability. Here's a guide on how to verify the treatment of a case in subsequent opinions:
Understanding Citator Services
Citator services, such as Westlaw, Lexis, and Bloomberg, provide valuable tools for legal research. These services allow you to see if there are any subsequent legal authorities that may impact or invalidate the case you are reviewing. They offer symbols and signifier phrases, like red flags or stop signs, to indicate potential issues with the case. However, it's important to remember that these citators are not perfect and may have limitations. Therefore, it is advisable to validate the information through additional means.
Reviewing Subsequent Citations
Subsequent citations reveal how more recent cases have treated the case you are examining. To access this information, you can click on the "Citing Decisions" tab in the citator service. You can then filter and narrow down the citing decisions by treatment, depth of discussion, jurisdiction, and publication status. Pay close attention to the discussion bars, which indicate the extent to which the case is analysed, discussed, mentioned, or simply cited by the subsequent case.
Evaluating Negative Treatment
If a case has received negative treatment, it means that subsequent cases have called it into question, distinguished it, or disagreed with it. Negative treatment can include instances where the case has been reversed, overruled, or superseded. However, it's important to carefully read the cases that offer negative treatment. Sometimes, the issue on which the case received negative treatment may not be relevant to your specific use case, and you may still be able to rely on certain aspects of the case.
Assessing Validity
To determine if your case is still considered "good law," you must review and evaluate the cases that offer negative treatment. This involves carefully reading those cases to understand their reasoning and how they impact the validity of your case. While negative treatment can indicate that your case may not be reliable, it is essential to make an informed decision by thoroughly assessing the subsequent opinions and their relevance to your specific context.
By following these steps and utilizing the tools provided by citator services, you can effectively verify the treatment of a case in subsequent opinions and make informed decisions about the applicability and reliability of the case law.
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Find other relevant cases that cite your case
When looking for other relevant cases that cite a particular case, you can use a case citation to easily retrieve cases online. Here are some databases that allow you to retrieve cases using a case citation:
- Bloomberg Law (requires a BLaw password): Enter the citation in the search box in the upper-right-hand corner.
- Google Scholar: Select the "case law" button, then enter the citation in the search box.
- Lexis Plus (requires a Lexis password): Enter the reporter citation in the search box.
- Nexis Uni (must be on-campus or have a university ID and password): Enter the citation in the search box.
- Westlaw (requires a Westlaw password): Enter the reporter citation in the search box.
- Westlaw Patron Access (must be at a law library): Enter the reporter citation in the search box.
Additionally, you can use Casetext, which lists all the cases that have cited the case you are reading in the "citing cases" tab. This tab is found just below the case title. You can also access the "citing cases" from the window that appears again below the case name. When you click on the "citing cases" tab or window, you'll be taken to a search results page that lists all the cases that cite the case you were reading. From that screen, you can filter and narrow the citing cases by jurisdiction, motion type, cause of action, party types, and date.
In the annotated version of a statute, regulation, or court rule, Citing References (Westlaw) and Citing Decisions (Lexis) contain all cases that cite that statute, regulation, or court rule. To view the Citing Decisions on Lexis, click on "Shepardize document" in the right sidebar. The Shepard's Report contains a section for Citing Decisions, which includes all cases that cite a particular statute, regulation, or court rule.
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Consult citator tools like Shepard's Citations or KeyCite
When updating case law, it is important to consult citator tools like Shepard's Citations or Westlaw's KeyCite. These tools provide valuable information and insights that can help you make informed decisions and build stronger legal arguments.
Shepard's Citations, now owned by LexisNexis, is a trusted and widely used citator in United States legal research. It offers a comprehensive editorial analysis of case law, statutes, regulations, and administrative decisions. One of its key features is the Shepard's Signal, which allows you to quickly see how courts have treated your on-point issue. By clicking on a positive or negative treatment signal, you can access the Shepard's report, which provides a clear picture of how the case has been cited and treated by subsequent cases. Shepard's Citations also includes graphical representations, such as the circular graphic that displays the number of citations for each treatment. LexisNexis and Lexis Advance users can Shepardize most citations online, and the online version offers a more user-friendly experience compared to the traditional print format.
On the other hand, Westlaw's KeyCite is an exclusive citator tool that provides several benefits. It helps verify whether a case, statute, regulation, or administrative decision is still considered good law. KeyCite also warns you about the risk of overruling, alerting you when a point of law has been implicitly undermined due to reliance on an overruled or invalid prior decision. This citator tool uses artificial intelligence to identify bad law, ensuring that you can confidently understand the current status of the law. Additionally, KeyCite offers Citing References, which show how other authorities have interpreted a document, and the History tab provides a visual representation of the document's history.
Both Shepard's Citations and KeyCite are powerful tools that can aid in updating case law and ensuring the information you rely on is accurate and up-to-date. They offer different features and functionalities, and choosing the right tool depends on your specific needs and preferences. By utilising these citators, you can enhance your research capabilities and make more informed legal decisions.
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Search within specific courts or jurisdictions
When searching for case law within specific courts or jurisdictions, it is important to understand the hierarchy of the court system and the precedential value of decisions from different courts.
In the United States, the Supreme Court is the highest court, and its decisions are binding on all federal and state courts. Lower federal courts include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, the U.S. Court of International Trade, and U.S. Bankruptcy Courts. Each state also has its own judicial system, with the highest court in each state often referred to as the "supreme" court.
When searching for case law within a specific court or jurisdiction, it is helpful to use online databases and research tools that allow you to filter your search by court or jurisdiction. For example, the "Federal Law" section of the Justia website provides links to all Federal Courts' pages, where you can find court decisions. The Oyez Project is another useful resource specifically for the United States Supreme Court, providing a multimedia archive of the Court's work, including audio recordings and information on justices.
Additionally, when searching within a particular jurisdiction, you can utilize tools such as the Descriptive Word Index (DWI) located within the digest set for that jurisdiction. This will allow you to identify relevant terms and key numbers for your topic, which you can then use to consult the main volumes of the digest.
It is also important to consider the citational aspects of case law within specific courts or jurisdictions. For instance, cases cited in the Federal Reporter will include an element in the citation to identify the court, whereas cases in the United States Reports only publish decisions from the Supreme Court of the United States and do not require such identification.
Finally, when determining whether a case is still "good law" within a specific jurisdiction, you can use citators such as Shepard's Citations (Lexis) or KeyCite (Westlaw). These tools will indicate whether a case has been overruled, questioned, or explained by subsequent decisions within the same jurisdiction.
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Frequently asked questions
Updating case law involves checking whether a case is still considered "good law", meaning it has not been reversed, overruled, or impacted by subsequent authorities.
If you have access to a law library, you can use a citator to check the status of a case. Otherwise, you can use Google Scholar. Find a case in Google Scholar, making sure to select the "Case law" option under the search bar. Under the case in question, look for a link labelled "Cited by" followed by a number. If there is no "cited by" link, the case may never have been cited in a subsequent case. Selecting "Cited by" allows you to see all the cases that cite your original case. You then need to look through these to determine whether any of them reverse or overrule the decision in your original case or suggest that it is no longer good law.
Citators are tools that allow you to verify the status of your case. There are two main case law citators: Shepards on LexisNexis and KeyCite on Westlaw. Bloomberg offers a similar program called BCite. These tools allow you to see the history of a case, including earlier and subsequent rulings, as well as any citing decisions. They also use signal indicators, such as red flags or stop signs, to indicate whether a case has been treated negatively, meaning part of it has been overruled or reversed.
