Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Updating and Validating Your Research

Updating and Validating Your Research In this unit, we will learn: In this unit, we will learn: The process of cite-checking. The process of cite-checking. Techniques for effective and efficient Shepardizing or KeyCiting as well as the use of these citators as research tools. Techniques for effective and efficient Shepardizing or KeyCiting as well as the use of these citators as research tools. The procedure for Shepardizing and KeyCiting cases, statutes, constitutions, and ordinances. The procedure for Shepardizing and KeyCiting cases, statutes, constitutions, and ordinances. Online updating Online updating

Updating and Finding Tool: Citator Index or compilation listing every published instance in which a legal authority has been cited. Index or compilation listing every published instance in which a legal authority has been cited. A “guide” to determine if your case is still good law. You must read citing cases to determine validity. A “guide” to determine if your case is still good law. You must read citing cases to determine validity. Cited case: Case you are “Shepardizing” or “KeyCiting” Cited case: Case you are “Shepardizing” or “KeyCiting” Citing case: Case that cites the case you are “Shepardizing” or “KeyCiting” Citing case: Case that cites the case you are “Shepardizing” or “KeyCiting”

Reasons to Use A Case Citator  To determine the history and treatment of a case – updating, validating – still good law?  To find additional cases that stand for the same legal principal, and to find secondary authority – finding tool

Citator Formats 1. Shepard’s in Print 2. Shepard’s in LexisNexis Academic 3. Shepard’s on Lexis 4. KeyCite on Westlaw

Introduction to Legal Research Shepard’s In Print

Shepard’s Shepard’s began as a print product and continues to exist in print in addition to the electronic (online and CD-ROM) version of Shepard’s. Shepard’s began as a print product and continues to exist in print in addition to the electronic (online and CD-ROM) version of Shepard’s. Shepard’s is available exclusively on Lexis- Nexis. Shepard’s is available exclusively on Lexis- Nexis.

Shepard’s Over the years, law students became familiar with this updating process. It became known as “Shepardizing”. Over the years, law students became familiar with this updating process. It became known as “Shepardizing”.

Shepardizing locates: Reversals Reversals Overrulings Overrulings Judicial history Judicial history Precedents Precedents Concurring opinions Concurring opinions Dissenting opinions Dissenting opinions Appeals Appeals Courts: Federal, state, bankruptcy, appellate, etc. Courts: Federal, state, bankruptcy, appellate, etc.

Shepard’s Shepard’s also provides the researcher with the following information about a case: Shepard’s also provides the researcher with the following information about a case: parallel citations, and parallel citations, and citations to secondary sources. citations to secondary sources.

Steps in Shepardizing a Case 1. Locate the volumes of Shepard’s you need. State Shepard’s State Shepard’s Regional Shepard’s Regional Shepard’s Federal case Shepard’s Federal case Shepard’s 2. Examine the front cover of the most recent issue and read the box labeled “What Your Library Should Contain.” Make sure you have all of the volumes needed.

Choose the correct Shepard’s citator. Shepard’s Northeastern Reporter Citations Base volume Bound Supplement(s) Supplemental Pamphlets

Example: Games v. Indiana, 684 N.E.2d 466 (Ind. 1997).

Generally, start with the base volume and find your case citation (684 N.E.2d 466) 1995 Note that volume 684 isn’t in this base volume. There are usually multiple base volumes. Just go to the next one.

Always check “What Your Library Should Contain”

Steps in Shepardizing a Case 3. Select the volumes of Shepard’s that contain citations to cases decided after your case was decided. 4. Examine the upper right and left corners of the pages in Shepard’s to locate the volume number of the case you are Shepardizing. 5. Scan down the page looking for the bold page number identical to the page on which your case begins.

684 N.E.2d 466 Locate the volume number 684 N.E.2d 466 Locate the volume number Locate the initial page number (in bold) Columns of citing cases with “signals” or abbreviations

Steps in Shepardizing a Case 6. Carefully examine the entries listed, paying particular attention to the parallel citation, the history of the case as it progressed through the court system, its treatment by other cases, and any other sources, such as annotations and law review articles that discuss your case. 7. If desired, verify that you are Shepardizing correctly by checking one or two cites listed by Shepard’s to ensure your case is, in fact, mentioned by these cites.

What is in Shepard’s? Immediately following parallel citations are the prior and subsequent court history citations of the case being examined. Immediately following parallel citations are the prior and subsequent court history citations of the case being examined. Next follow later cases that have cited the case being examined. Next follow later cases that have cited the case being examined. Cases are arranged in reverse chronological order via jurisdiction, i.e. U.S. Supreme Court followed by decisions from the federal circuit courts. Next are decisions from federal district courts, and then state courts. Cases are arranged in reverse chronological order via jurisdiction, i.e. U.S. Supreme Court followed by decisions from the federal circuit courts. Next are decisions from federal district courts, and then state courts. Citations to secondary authorities such as law reviews or ALRs are featured last. Citations to secondary authorities such as law reviews or ALRs are featured last.

Abbreviations for Case History Abbreviations for Case History Preface in all Shepard’s volumes

Abbreviations for Case Treatment Abbreviations for Case Treatment Preface in all Shepard’s volumes

f 698NE2d Case at 698 NE2d at p follows Games case for point of law in West headnote 14 of Games

Steps in Shepardizing a Case 8. Repeat, as needed, in other volumes of Shepard’s. 9. Examine and analyze troublesome entries, including later cases that criticize or question your case.

Steps in Shepardizing Statutes, Constitutions, and Administrative Regulations 1. Locate the volumes of Shepard’s you need. Shepard’s (State) Citations for Statutes Shepard’s (State) Citations for Statutes Shepard’s Federal Statute Citations Shepard’s Federal Statute Citations Shepard’s Code of Federal Regulations Citations Shepard’s Code of Federal Regulations Citations 2. Examine the upper right and left corners of the pages in Shepard’s to locate the title or article of the provision you are Shepardizing. 3. Scan down the page looking for a boldfaced entry for the particular section in which you are interested.

Steps in Shepardizing Statutes, Constitutions, and Administrative Regulations 4. Carefully examine the entries listed, paying particular attention to the history of your statute, constitutional provision, or regulation, and then to its treatment by later cases. Each volume of Shepard’s will contain a Table of Abbreviations for any abbreviations used. Examine other sources, such as law review articles and annotations, if desired. 5. Analyze troublesome entries.

Shepard’s in LexisNexis Academic Shepard’s in LexisNexis Academic

Pulling a case automatically gives you a Shepard’s link in the upper-right hand corner

By clicking on that link you automatically Shepardize the case

Possible Negative Treatment Indicated

The Shepard’s Signal Indicators Warning-Strong negative treatment indicated. Includes: Overruled by, Questioned by, Superceded by, Revoked, Obsolete, Rescinded Caution-Possible negative treatment indicated. Includes: Limited, Criticized by, Clarified, Modified, Corrected Positive treatment indicated. Includes: Followed, Affirmed, Approved Citing References with Analysis-Other cases cited the case and assigned some analysis that is not considered positive or negative. Includes: Appeal denied by, Writ of certiorari denied Citation Information-Indicates that citing references are available for your case, but do not have history or treatment analysis(for example, the references are law review citations

Caveat: Do you own analysis and do not rely on Shepard’s traffic light system. This system is just a quick visual guide not a thorough analysis. Caveat: Do you own analysis and do not rely on Shepard’s traffic light system. This system is just a quick visual guide not a thorough analysis.

Use Custom Restrictions to Narrow Results

Smaller Answer Set Returned

Shepard’s on Lexis Shepard’s on Lexis

Features of Shepard’s Online FULL FULL KWIC KWIC Summary Summary Custom restrictions Custom restrictions Table of Authorities Table of Authorities Alerts Alerts

How to Shepardize a Case Online 1. Sign on to lexis.com. 2. Click the Shepard’s tab at the top of you screen. 3. Type in your citation in the open field. 4. Select one of the following options: Shepard’s for Research (also called “FULL”) Shepard’s for Research (also called “FULL”) Shepard’s for Validation (also called “KWIC”) Shepard’s for Validation (also called “KWIC”) 5. Click the word “Check” at the bottom of your screen.

Table of Authorities In addition to checking the currency of a particular case, the Table of Authorities allows a researcher to check the status of the cases that underpin the case being checked. In addition to checking the currency of a particular case, the Table of Authorities allows a researcher to check the status of the cases that underpin the case being checked. The Table of Authorities checks the currency of all cases that are cited in the case being updated. The Table of Authorities checks the currency of all cases that are cited in the case being updated.

In addition, electronic Shepard’s allows you to limit your analysis by: In addition, electronic Shepard’s allows you to limit your analysis by: Jurisdiction, Jurisdiction, Headnote, Headnote, Date, or Date, or Type of analysis (i.e. positive, negative, followed.) Type of analysis (i.e. positive, negative, followed.)

Shepard’s Alert Databases containing cases, legislation, newspaper articles, or reports can be set up to alert a researcher whenever a new decision, public law, or article is published in the database. It is also possible to handle the updating of citations with a Shepards’ Alert. Databases containing cases, legislation, newspaper articles, or reports can be set up to alert a researcher whenever a new decision, public law, or article is published in the database. It is also possible to handle the updating of citations with a Shepards’ Alert. With the Shepards’ Alert, the legal researcher is notified whenever another citation is added to the Shepards’ analysis of the case being checked. With the Shepards’ Alert, the legal researcher is notified whenever another citation is added to the Shepards’ analysis of the case being checked.

Shepardizing Statutes and Regulations Online 1. Sign on to lexis.com. 2. Click the Shepard’s tab at the top of your screen. 3. Type in your citation in the open field. 4. Select one of the following options: Shepard’s for Research (also called “FULL”) Shepard’s for Research (also called “FULL”) Shepard’s for Validation (also called “KWIC”) Shepard’s for Validation (also called “KWIC”) 5. Click the word “Check” at the bottom of your screen.

KeyCite on Westlaw KeyCite on Westlaw

KeyCite KeyCite was developed in 1996 by West Publishing to compete with Shepard’s. It is an electronic citator and a case finding tool. There is no print version. KeyCite was developed in 1996 by West Publishing to compete with Shepard’s. It is an electronic citator and a case finding tool. There is no print version.

KeyCite KeyCite provides a researcher with: KeyCite provides a researcher with: The direct appellate history of a case, The direct appellate history of a case, The negative indirect history of a case, The negative indirect history of a case, Cites to all cases available on Westlaw, and Cites to all cases available on Westlaw, and Citations to all cases that cite a federal statute or regulation. Citations to all cases that cite a federal statute or regulation.

KeyCite As with Lexis, KeyCite also provides a color analysis, again using red, green, and yellow. As with Lexis, KeyCite also provides a color analysis, again using red, green, and yellow.

Features of KeyCite Citation history options Citation history options Graphical display of direct history Graphical display of direct history Limit KeyCite history display Limit KeyCite history display Depth of treatment stars Depth of treatment stars Quotation marks Quotation marks Headnote references Headnote references KeyCite alert KeyCite alert Table of authorities Table of authorities

KeyCite As with Shepards, KeyCite too has limits that a researcher can apply to customize his or her analysis to the jurisdiction, topics, or dates that are of interest. As with Shepards, KeyCite too has limits that a researcher can apply to customize his or her analysis to the jurisdiction, topics, or dates that are of interest. Unique to KeyCite is the ability to limit analysis to the amount of discussion that a case receives in a citation. Unique to KeyCite is the ability to limit analysis to the amount of discussion that a case receives in a citation. In addition, a researcher can also create a KeyCite Alert which is similar to the Shepards’ Alert discussed earlier in Lexis. In addition, a researcher can also create a KeyCite Alert which is similar to the Shepards’ Alert discussed earlier in Lexis.

Other Citators In addition to Shepard’s and KeyCite, there are other, less well known citators, such as GlobalCite on LoisLaw or the CCH Tax Citator. In addition to Shepard’s and KeyCite, there are other, less well known citators, such as GlobalCite on LoisLaw or the CCH Tax Citator.

LoisLaw/GlobalCite

Findlaw

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