Case Verification

1
Case Verification Updating

• Legal Research Fall 2005
• Sections 10 11

2
What is a citator?

• An index to sources (primary and secondary) that
  cite to a known source.

3
Shepards Keycite

• Shepards
• Begun in 1873 Independent until decade
• Owned now by Reed-Elsevier (Lexis parent)
• Online available only on Lexis/Nexis
• Also available in print
• Keycite
• Begun in 1997
• West Group Product
• Available only on Westlaw
• Creature of the digital age (no print version)

4
Functions of Citator in Research

• Determine whether a case is still good law
• Reversed on appeal
• Overruled by cases outside appellate line
• Locate similar and supporting authority to
  bolster an argument
• Attack the underpinnings of a case
• Table of Authorities

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Table of Authorities

• The Table of Authorities lists each document
  cited by your case. The Table of Authorities can
  help you find hidden weaknesses in your case by
  showing whether the cases on which it relies have
  significant negative history

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When do you use a citator?

• Early in your research
• Lead you to additional authority
• Other cases that cite your case
• Secondary sources
• Find useful West Topic Key Numbers (KeyCite
  Only)
• Dont rely on bad law
• At the end of your research
• Make sure cases are still good law at that time

7
Terminology

• The cited source
• the original case
• the cited case
• cited source
• Types of citing sources
• Other Cases
• Statutes
• Journal Articles
• ALRs
• Treatises
• Encyclopedias

8
More Terminology

• Direct History (or Subsequent History)
• same parties, same facts, same litigation
• Your case can be reversed as it moves through the
  legal system
• Indirect History (or Treatment)
• How courts treated your case in unrelated
  litigation
• different parties, different facts, different
  litigation
• Your case can be overturned by an unrelated case

9
Indirect Historys Impact on the Precedential
Value of a Case

• Courts can react positively or negatively to your
  case
• This may strengthen or weaken the precedential
  value of your case

10
Steps to Take

• Direct History
• Check subsequent and prior history
• Indirect History Check negative cases
• Are they in your jurisdiction?
• What point of law was at issue?
• Are they distinguishable from your case?
• Find other citing case which may bolster your
  arguments

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Signals

• A signal indicates the status of the precedential
  value of your Case
• summary of the treatment of your case by the
  citing references.
• Signals are editorial enhancements. The signal
  assigned to the same case may differ between
  Shepards Keycite. Why?
• Different publishers use different analysis
  schemes

12
Lexis Signal Indicators

• Warning
• Negative Treatment is indicated
• Caution
• Possible Negative treatment is indicated
• True Positive
• Positive treatment is indicated
• Analysis Available
• Citation Information Available

13
KeyCite Status Flags

• Red
• Case is no longer good law for at least one of
  the issues included
• Statute has been amended or repealed
• Yellow
• Case has some negative history but has not been
  directly reversed or overruled
• Statute has pending legislation which may affect
  it
• Blue H
• Case has some history, no known negative
• Green C
• citing references but no direct or negative
  indirect history

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Signals

• Can you rely entirely on the signals/flags? NO!
  Always read the citing case, to determine why
  your case was given negative treatment.
• If your case has a yellow or red signal, it may
  still be good law. RECAP (this is important)
• Check the negative cases
• Are they in your jurisdiction?
• What point of law was at issue?
• Are they distinguishable from your case?

15
KeyCite Treatment Stars

• KeyCite has Depth of Treatment Stars
• 1 star - - which is usually just a string
  citation
• 2 stars less than a paragraph
• 3 stars discussion more than a paragraph
• 4 stars extended discussion more than a page.

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Shepards Results Display order

• Organized by Jurisdiction
• Organized by Court
• Organized in reverse chronological order
• Organized by editorial analysis codes
• Codes are full not abbreviated
• Secondary sources will be placed at end of list
  of citing sources

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Shepards Refining Results

• All Negative editorial analysis
• All Positive editorial analysis
• Any editorial analysis
• Custom Restrictions specific to cite
• Analysis
• Jurisdiction
• Headnotes
• Dates

18
Shepards Focus Search

• Purpose Pinpoint issues and/or fact patterns
  within the full text of citing references
• Begin in Full Display
• Click on Focus Search link at top of page
• Enter your search query in field
• Click Focus button to initiate search
• Use Back Arrow to return to full display

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KeyCite Results Screen

• History (Default)
• Direct History - Prior and Subsequent history of
  cited case
• Negative Indirect History
• Citing References
• Full list of citing references
• Full Text Document
• Table of Authorities (TOA)
• West Key Numbers

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KeyCite Citing Sources - Organization

• Citations list order in KC Citing Ref Tab
• Negative treatment
• Positive treatment
• Depth of treatment
• Jurisdictional Level
• Secondary sources

21
KeyCite Refining Results

• Go to Citing References link in left frame
• Click on Limit KeyCite Display in bottom bar
• Options for Limiting
• Locate search
• Date
• Jurisdiction
• Document Type
• Headnote/Topic
• Depth of Treatment

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Locate in KeyCite

• The Locate feature allows you to refine your
  KeyCite result by searching the text of cases in
  the citing references list of the KeyCite
  display.  KeyCite Locate works for KeyCite
  results of less than 2000 documents.
• Comparable to FOCUS in Lexis

23
Functions of Citator in Statutory Research

• Determine whether a statute is still good law
• Indicates whether a statute
• Has been amended, repealed or pre-empted
• Has pending legislation
• Has been renumbered
• Has been transferred
• Contains an editors amendment note
• Was held invalid or limited on constitutional or
  preemption grounds or its validity was otherwise
  called into doubt

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Updating Statutes with KeyCite

• Outline in Left Frame
• Mimics pattern seen in Wests annotated codes in
  print
• Status Flags and Comment
• Multiple Status Flags are possible
• History of a Statute

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KeyCite History for StatutesKeyCite flags
indicate the status of the statute.
Statutes History

• A red flag indicates that
  the statute has been
• Recently amended
• Repealed
• Ruled unconstitutional
• Preempted

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KeyCite History for Statutes
Statutes History

• A yellow flag indicates that the statute
• Has pending legislation
• Has been renumbered
• Has been transferred
• Contains an editors amendment note
• Was limited on constitutional or preemption
  grounds or its validity was otherwise called into
  doubt

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KeyCiting Statutes

• KC History Tab History of a Statute
• Updating Documents
• Lists citations to recent session laws that have
  amended or repealed the section
• Pending Legislation
• Lists citations to pending bills that reference a
  federal statute
• Credits
• Lists in chronological order citations to session
  laws that have enacted, amended or renumbered the
  section
• Historical and Statutory Notes
• Describes the legislative changes affecting the
  section

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Updating Statutes with KeyCite

• Citing References
• Full Text of Statute
• Table of Contents (Context)
• Historical Versions
• Section Outline
• Citing Cases
• Analysis (Secondary Sources)
• Legislative History
• Administrative
• Key Numbers

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Restricting Citing References for a Statute

• Limit Citing Refs
• Show Citation Counts
• Counts citing sources by type and notes of
  decisions
• Citing cases can be restricted to those
  pertaining to specific notes of decisions
• Other Limits
• Types of Document
• Jurisdiction or Publication
• Date
• Document Type

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Shepards Initial Display for Statutes

• In Shepards, statute segmented into sub-sections
  if applicable
• Overall Exact Match
• Individual Subsections segregated into distinct
  listings
• Exact Match MAY NOT include all citing sources
  in subsectsions

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Shepardizing Statutes

• Legislative History
• Citing Decisions
• Organized by Jurisdiction, Court
• Secondary organization is reverse chronological
• Secondary Sources
• Use Custom Restrictions to Limit by
  Jurisdiction, Date or Type of Sources (Secondary
  vs. Primary)

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Learning Paper Shepards

• It is unlikely that you will need to learn to use
  Shepards in paper. On the off chance that you
  do, consult a librarian, legal research text
  and/or the next slide.
• You will not be tested (or quizzed) on the next
  slide ?

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Learning Paper Shepards

• Bound volumes and paper supplements Gold, Blue
  Red, White. These volumes are not cumulative, so
  you have to check each one.
• Begin with the most current pamphlet.
• vol. 66 April 1999 No. 4.
• On the front cover of the pamphlet, you will see
  WHAT YOUR LIBRARY SHOULD CONTAIN
• This will tell you what bound volume you should
  have and what paper supplements you should have.
• Entries are organized first by the reporter
  volume number then the page number.
• To decipher the entries, look at the introduction
  to the volume.

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Which is better?

• No definite answer
• Depends on what you want
• Depends on what you can afford
• Check both if you can
• Case Validation Roughly equivalent
• Nuanced distinctions

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Final Comments

• Differences Between Keycite and Shepards
• depth of treatment stars
• organization of results
• differing editorial analysis