What is Shepardizing
Shepard's Citations
Shepard's Citations is a citator used in United States legal research that provides a list of all the authorities citing a particular case, statute, or other legal authority. 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.
Shepard's Citations
Shepard's Citations is a citator used in United States legal research that provides a list of all the authorities citing a particular case, statute, or other legal authority. 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.
What does it mean to Shepardize a case on Westlaw?
The term Shepardize means the process of checking a case's prior precedents. The term comes from the citation service called Shepard's, which up until the late 1990s was the only real game in town. Then Westlaw quit using Shepard's, Shepard's went to Lexis (Westlaw's main competitor), and Westlaw launched KeyCite.
Why do you Shepardize a case?
What is Shepardizing? Shepard's allows you to track the citation history of a court case. When you "Shepardize" a case, you will see all of the other cases that have cited that case, and if they treated the case favorably or unfavorably.
How do you Shepardize case law?
"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a case; go to the full text of case.Top of screen should have a brief note that states if the case is overruled, superseded, etc.KeyCite information is under the tabs Negative Treatment, History, and Citing References.Click tab for Negative Treatment to see if still good law.More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 Shepardize a print case?
0:374:42How to Shepardize a case in print following four easy to follow stepsYouTubeStart of suggested clipEnd of suggested clipThere are four basic steps to shepardize in a case and they are one locate the correct Authority.MoreThere are four basic steps to shepardize in a case and they are one locate the correct Authority. And series if any to locate the volume of your case.
How do you Shepardize a document?
The easiest way to Shepardize® a document if you know its citation is to simply enter “shep:” followed by the citation, and click on the search button as shown. For example: Enter Shep: 800 F. 2d 111 The Shepard's® report will display.
How do you determine if a case has been overturned?
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 Shepardize a case on Lexisnexis?
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...•
What does it mean to KeyCite?
KeyCite is the powerful citation research service available exclusively on Westlaw. You can use KeyCite to view the history of a case, statute, administrative decision, or regulation to help determine whether it is good law and to retrieve citing references.
What does Shepardize mean in Lexis?
The most common use for the Shepard's® Citations Service is determining if a case is “Good Law”, valid and citable. This process is referred to as Shepardizing™. Law students, faculty and legal professionals use Shepard's for much more than validation checks.
What is WestCheck?
WestCheck.com automatically extracts citations from your legal documents or a citations list you create manually. You can check your citations in KeyCite®, create a table of authorities for cases, and use the Find service to retrieve documents on Westlaw.
What is a court case citation?
A citation (or cite) in legal terminology is a reference to a specific legal source, such as a constitution, a statute, a reported case, a treatise, or a law review article. A standard citation includes first the volume number, then the title of the source, (usually abbreviated) and lastly, a page or section number.
What are the different types of authorities that can be Shepardized?
You can use Lexis to Shepardize statutes, law reviews and journals (including bar journals), court rules, administrative opinions, attorney general opinions, constitutional provisions, some administrative codes and regulations (although not Ohio), and other types of documents (e.g., Ohio Jury Instructions, Ohio Bar ...
How do you Shepardize a case 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...•
What is an ALR annotation?
What is an A.L.R. Annotation? A.L.R. is the acronym for American Law Reports. A.L.R. annotations (articles) provide a very useful summary and analysis of the law in a specific area, and include citations to relevant primary law and other secondary sources.
What is KeyCite on Westlaw?
KeyCite is the powerful citation research service available exclusively on Westlaw. You can use KeyCite to view the history of a case, statute, administrative decision, or regulation to help determine whether it is good law and to retrieve citing references.
What is WestCheck?
WestCheck.com automatically extracts citations from your legal documents or a citations list you create manually. You can check your citations in KeyCite®, create a table of authorities for cases, and use the Find service to retrieve documents on Westlaw.
What is the purpose of a shepherd?
What is "Shepardizing"? One significant purpose of Shepardizing is to verify that a case is still "good law.". The overall action of Shepardizing is to use a citator to see the other cases that have cited a case and their treatment of that case. The term is based on a legal citation service created by Frank Shepard in 1873 ...
What is a writ of certiorari?
Certiorari is a writ (order) by the appeals court to a lower court to send all the documents in a case so that the appeals court can review the decision. Most commonly used by the U.S. Supreme Court.
Do you need to cite a case that criticized the case you are briefing?
The citing opinion disagrees with the reasoning/result of the case you are Shepardizing, although the citing court may not have the authority to materially affect its precedential value. You will need to give the citation of the case that criticized the case you are briefing.
Shepardize
n. a method of locating reports of appeals decisions based on prior precedents from Shepard's Citations, books which list the volume and page number of published reports of every appeals court decision which cites a previously decided case or a statute.
Shepardize
the exercise of using a proprietary system in the USA for ensuring that a case has not been overturned, criticized, or distinguished by subsequent court decisions and for finding additional cases that stand for the same legal principle, or address similar legal issues. It is therefore a form of CITATOR.
What does parenthesis mean in citations?
7. Citations in parenthesis at the top of the list of citations are parallel citations to your case, meaning that they are citations to your case as published in other reporters. You must Shepardize each of these citations to obtain a comprehensive result. Note that some cases do not have parallel cites.
Can you use Shepards Citations on Lexis?
16. You may also validate a case using Shepards Citations on Lexis/Nexis, or you may validate a case using KeyCite on Westlaw.
What does "shepardize" mean in Westlaw?
How to Shepardize on Westlaw. The term Shepardize means the process of checking a case's prior precedents. The term comes from the citation service called Shepard's, which up until the late 1990s was the only real game in town. Then Westlaw quit using Shepard's, Shepard's went to Lexis (Westlaw's main competitor), and Westlaw launched KeyCite.
How to see a case history in Keycite?
You can also see your case history in graph form, and the annotations as to each citing reference usually tell you which headnotes in your case are mentioned in the new case.
How to cite a ruling in Westlaw?
Log on to Westlaw. Enter your citation in the "Find citation" box and click "Go." Note the headnote numbers in your case, which contain the ruling or statement of law on which you wish to rely.
Do headnotes add to a case?
Never rely solely on the headnote descriptions of a case. The headnotes are added by the publisher, not the court. Every so often, a headnote states the exact opposite of the ruling contained in the case.
