Be sure your Cases are Good Law with Shepard’s® Citation Service.

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Presentation transcript:

Be sure your Cases are Good Law with Shepard’s® Citation Service

2 Be Sure Your Cases are Good Law with Shepard’s® Agenda What is the Shepard’s Citations Service Historical Background How to get to Shepard’s How to determine your case is still good law Using Shepard’s graphical views Using Shepard’s to identify Potential Splits of Authority Using Shepard’s as a tool to find more authority

3 Be Sure Your Cases are Good Law with Shepard’s® What is the Shepard’s Citation Service?

4 Be Sure Your Cases are Good Law with Shepard’s® Historical Background

5 Be Sure Your Cases are Good Law with Shepard’s®

6 Historical Background

7 Be Sure Your Cases are Good Law with Shepard’s® Sample Shepard’s Assignment: You have been asked to check the status of a case called McNeil v. Economics Laboratory, 800 f2d 111. The attorney you are working with has used this case in the past to support a claim for front pay in an age discrimination case. You need to determine if this case is still good law. You will need to retrieve the case, read it completely, identify the relevant headnotes and Shepardize® it to make sure it’s still good law.front pay

8 Be Sure Your Cases are Good Law with Shepard’s® How to Access Shepard’s

9 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

10 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

11 Be Sure Your Cases are Good Law with Shepard’s® Shepard’s® Signals™ Warning: Negative treatment is indicated: The red Shepard’s Signal indicates that citing references in the Shepard’s ® Citations Service contain strong negative history or treatment of your case (for example, overruled by or reversed). Questioned: Validity questioned by citing refs: The orange Shepard’s Signal indicates that the citing references in the Shepard’s Citations Service contain treatment that questions the continuing validity or precedential value of your case because of intervening circumstances, including judicial or legislative overruling. Caution: Possible negative treatment indicated The yellow Shepard’s Signal indicates that citing references in the Shepard’s Citations Service contain history or treatment that may have a significant negative impact on your case (for example, limited or criticized by). Positive treatment indicated The green Shepard’s Signal indicates that citing references in the Shepard’s Citations Service contain history or treatment that has a positive impact on your case (for example, affirmed or followed by).

12 Be Sure Your Cases are Good Law with Shepard’s® Shepard’s Signals Continued Citing refs. with analysis available The blue "A" Shepard’s Signal indicates that citing references in the Shepard’s Citations Service contain treatment of your case that is neither positive nor negative (for example, explained). Citation information available The blue "I" Shepard’s Signal indicates that citing references are available in the Shepard’s Citations Service for your case, but the references do not have history or treatment analysis (for example, the references are law review citations). Warning: Negative treatment is indicated for statute The red exclamation point Shepard's Signal indicates that citing references in the Shepard's Citations Service contain strong negative treatment of the section (for example, the section may have been found to be unconstitutional or void).

13 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

14 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

15 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

16 Be Sure Your Cases are Good Law with Shepard’s® How to Determine if your Case is Good Law

17 Be Sure Your Cases are Good Law with Shepard’s® Shepard’s Graphical Views

18 Be Sure Your Cases are Good Law with Shepard’s® Shepard’s Appellate History Map

19 Be Sure Your Cases are Good Law with Shepard’s® Identify Potential Splits of Authority

20 Be Sure Your Cases are Good Law with Shepard’s® Summary Shepard’s defined Shepard’s Signals Three Shepard’s Reports Appellate History Citing Decisions Citing Law Reviews, Treatises, etc… Filtering options to refine to most relevant citing references Identifying splits of authority Graphical Appellate Map and Citing Decisions Grid