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Law 11

Law 11. Citators. Citation Services. Citation services indicate how and when a particular legal resource has been cited Indicate the type of treatment a legal resource has received Prior and subsequent history Citations to other cases Statute citators indicate subsequent legislative action

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Law 11

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Presentation Transcript

  1. Law 11 Citators

  2. Citation Services • Citation services indicate how and when a particular legal resource has been cited • Indicate the type of treatment a legal resource has received • Prior and subsequent history • Citations to other cases • Statute citators indicate subsequent legislative action • Doctrine of stare decisis (precedent) makes citations important • Ensure that authorities relied upon are still good law

  3. Shepard’s Citations • Shepard’s Citations includes: • Case citations • Constitutions • Statutes • Administrative Rules and Regulations • Court Rules • Law Review Articles • Published by jurisdiction, reporter, authority, subject matter

  4. Features of Shepard’s • List of abbreviations and/or symbols that describe the treatment of a cited source • Parallel citations appear in parentheses • Prior and subsequent history references follow (using abbreviations or symbols) • Citing references are then arranged by jurisdiction or source • Online Shepard’s provides additional information • Prior and subsequent history noted by phrases instead of abbreviations or symbols

  5. Updating Shepard’s • Online Shepard’s is always updated • Contains current information as the authorities published in Lexis • For paper versions of Shepard’s • Have to check additional volumes and paperbound supplements • Each paperbound supplement has to be checked to thoroughly update a citation

  6. Shepard’s Case Citators • History Notations • Affirmed, Reversed, Modified, etc. • Treatment Notations • Followed, Criticized, Explained, etc. • The notations may only related to one point of law; the rest of the case can still be good law • Look at superscript notations within the citing reference: 838FS211019 • The case at 838 F. Supp. 1019 references the source for headnote 21 of the cited case • Important to read cases included as citing references instead of simply relying on a Shepard’s notation

  7. Westlaw KeyCite • Online version for Westlaw • Provides citation services for all federal and state cases, federal and state statutes, federal regulations, patents, certain materials from selected federal administrative agencies, law review articles • Updated as soon as the material is available in the Westlaw databases

  8. KeyCite for Cases • Helps locate citing references in reported and unreported federal and state cases, articles in law reviews, ALRs, Am.Jur. 2d, and treatises • Gives prior and subsequent history citations • Gives citations to holdings that have negative indirect holdings • Citations are grouped into negative cases, positive cases and secondary sources

  9. KeyCite • Cases will have a symbol to the left of the citation • Red Flag – no longer good law for at least one point of law • Yellow Flag – negative treatment • H – relevant history • C – case has been cited, but no direct or negative indirect history

  10. Advantages of Citators • Why Shepardize/KeyCite early in the research process? • What are the risks of waiting? • How can Shepard’s/KeyCite serve as research tools? • Duty to Shepardize/KeyCite primary authority • Print vs. online

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