Law 11 Citators

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

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

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

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

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

7 Westlaw KeyCite o Online version for Westlaw o 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 o Updated as soon as the material is available in the Westlaw databases

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

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

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