Using Shepard’s Citations In Print Tina S. Ching Reference Librarian Ross-Blakley Law Library.

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Presentation transcript:

Using Shepard’s Citations In Print Tina S. Ching Reference Librarian Ross-Blakley Law Library

What are Citators? Legal Citation services indicate how and when a case or other legal resource has been cited

Citators can be used for: Updating –Precedential value Researching –Finding other cases –Finding articles Analyzing –Treatment of the decision

The History of Shepard’s Citations The inventor: Frank Shepard Only comprehensive service available, until 1990’s Purchased by Reed Elsevier, parent company of LexisNexis in late 1990’s Currently the only comprehensive print service “Shepardize”

Why Learn about Shepard’s in Print? You like books The online version is based on the print version You may be working for an “old school” attorney You may not have computer or Internet access

Some of the Different Shepard’s Citators State All 50 states, Puerto Rico, and the District of Columbia Regional All Regional Reporters Federal Federal Reporter, Federal Supplement, etc. Specialized Bankruptcy, Environmental, Immigration, Patent & Trademark, etc. Other Statutes, Regulations, Administrative Decisions, Constitutions, Restatements, Annotations, Law Reviews, etc.

How are Shepard’s Arranged? Volumes are in numeric order, based on the Reporter Reporter title, series, and volume information are at the top of the page Cited case references are listed in bold Parallel citations are in parentheses Bound volumes are supplemented on a regular basis

Periodic Hard-bound Volumes Updated by: Gold Pamphlet –Published annually, semi-annually, or quarterly Red Pamphlets –Published more frequently Blue pamphlets Gray Pamphlets –Provides case name access Shepard's Daily Update Service ALL supplements must be checked to thoroughly update a citation

Can you Interpret This? Cir. 11 f 91FS2d

Reading Shepard’s Case Citations Step 1 – Case Abbreviations Shepard’s has its own form of abbreviating cases 91 F.Supp.2d 1094 → 91FS2d1094

Step 2 – Case History Abbreviations a = affirmed cc = connected case m = modified D = dismissed p = parallel r = reversed s = same case S = superseded v = vacated

Step 3 – Case Treatment Abbreviations c = criticized d = distinguished e = explained f = followed j = dissenting L = limited ~ = concurring o = overruled q = questioned su = superseded by statute

Step 4 – Abbreviations for Supreme Court Action US cert den = S.Ct. denied certiorari and won’t hear the case US cert dis = Petition for certiorari was dismissed, but the case may be taken at a later time US reh den = Request for rehearing denied US reh dis = Request for rehearing dismissed For other abbreviations, consult the tables at the beginning of each Shepard’s volume.

Step 5 – Citations to Headnotes 91FS2d West headnote reference Multiple headnotes = multiple entries Now with LexisNexis headnotes

Step 6 – References to Jurisdictions Cir. 11 f 91FS2d Citations from other jurisdictions will be listed. Citations from secondary sources will be listed at the end.

Shepard’s Recap Helps to narrow research to important cases Helps to narrow cases by subject matter Identifies supporting law and arguments Identifies secondary sources for additional research If you don’t know what it means, check the tables in the front of the volume

The Most Important Thing to Remember about Research ALWAYS, ALWAYS, ALWAYS Update Your RESEARCH!!! Failure to do so can cost you time, your case, and may even amount to malpractice. Check early, check often.

In the library, the Shepard’s Citators are located on the first floor in our core collection. Conveniently, they are on the tables right in front of the reference office. If you need help, just ask me or any one of the other librarians. Entrance Reference Office

Contact Information Tina S. Ching Reference Librarian Ross-Blakley Law Library