An authority check is a process used to verify the validity and current status of legal authority, such as case law, statutes, or regulations. This step ensures that the legal sources being cited are still good law, meaning they have not been overturned, amended, or otherwise rendered ineffective. Regularly conducting authority checks is essential for maintaining the integrity and reliability of legal research and ensuring that legal arguments are based on accurate information.
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An authority check can be performed using both print resources and online databases, ensuring comprehensive verification of legal authority.
Many legal research tools offer built-in authority check features, allowing researchers to quickly assess the status of cases and statutes.
Conducting an authority check is especially critical before filing a motion or brief, as reliance on outdated or overturned law can lead to unfavorable outcomes.
In addition to checking for negative treatment of cases, an authority check may involve looking for subsequent positive citations that bolster the validity of the authority being cited.
Authority checks help prevent the use of unreliable sources, ensuring that legal arguments are supported by current and applicable law.
Review Questions
How does conducting an authority check enhance the credibility of legal research?
Conducting an authority check enhances the credibility of legal research by confirming that the sources being used are current and valid. This process helps ensure that any cited case law or statutes are still considered good law and have not been overturned or modified. By verifying the status of these authorities, researchers can present stronger, more reliable arguments in their legal writing.
Discuss how Shepardizing specifically aids in the authority check process and what information it provides to researchers.
Shepardizing is a vital tool in the authority check process as it provides researchers with comprehensive information about how a case has been treated over time. It shows whether a case has been cited positively or negatively by subsequent rulings and highlights any changes in its legal standing. This allows researchers to understand the relevance and reliability of the case within current legal contexts.
Evaluate the potential consequences of failing to conduct an authority check before citing legal sources in a brief.
Failing to conduct an authority check before citing legal sources can lead to serious consequences such as submitting inaccurate information in a brief or motion. If an attorney relies on case law that has been overturned or negatively treated without realizing it, their arguments may be weakened, potentially jeopardizing their client's case. This oversight can not only damage a lawyer's reputation but may also result in unfavorable outcomes in court due to reliance on faulty legal foundations.
Related terms
Shepardizing: Shepardizing is a specific method of performing an authority check using a service like Shepard's Citations to track the history and treatment of a case or statute.
Citing References: Citing references involves identifying and listing legal sources that support or relate to a particular legal argument or proposition.
Case Law: Case law refers to law established by the outcome of former court cases, which can serve as a precedent for future cases and legal decisions.