Shepardizing

Definition

Shepardizing is the process of using a citation service, such as Shepard's Citations, to verify the validity and current status of legal cases, statutes, or regulations. This practice is essential for legal research, as it ensures that the legal authorities cited are still good law and have not been overruled or negatively treated by subsequent decisions. By understanding how to properly shepardize sources, legal professionals can build stronger arguments and avoid citing outdated or invalid legal precedents.

5 Must Know Facts For Your Next Test

1. Shepardizing can reveal whether a case has been reversed, overruled, or distinguished by later cases, which is crucial for maintaining the integrity of legal arguments.
2. Legal researchers use Shepard's Citations and other tools to create a 'Shepard's Signal' that visually indicates the treatment of a case—green means good law, yellow indicates caution, and red signals negative treatment.
3. Shepardizing is not only useful for cases but also applies to statutes and regulations, ensuring all legal authorities relied upon are still valid.
4. The practice originated from the publication of Shepard's Citations in 1873, making it one of the oldest forms of legal research aid still in use today.
5. Effective shepardizing involves not only checking the immediate case but also understanding its context within broader case law to avoid potential pitfalls.

Review Questions

• How does shepardizing impact the reliability of legal research in a case argument?
  • Shepardizing enhances the reliability of legal research by ensuring that all cited cases are still considered good law. By checking for any subsequent treatments of a case—such as whether it has been overruled or negatively treated—legal professionals can avoid relying on outdated precedents that may undermine their arguments. This process is crucial in building solid legal positions based on current authority.
• Discuss how shepardizing compares with KeyCite in terms of verifying legal citations.
  • Shepardizing and KeyCite serve similar purposes in verifying legal citations and tracking the status of cases. Both tools help researchers ensure they are citing valid legal authority; however, they differ in their platforms and presentation. Shepard's Citations provides a comprehensive overview through its unique signal system, while KeyCite offers similar functionalities within the Westlaw platform. Understanding these tools can enhance a researcher’s ability to validate their sources effectively.
• Evaluate the importance of shepardizing in maintaining the integrity of legal practice and how it affects overall legal outcomes.
  • Shepardizing is vital for maintaining integrity in legal practice because it ensures that attorneys and judges rely on valid and current authorities when making decisions. This practice significantly impacts overall legal outcomes, as using outdated or overruled precedents can lead to flawed arguments and unfavorable rulings. By regularly employing shepardizing techniques, legal professionals can bolster their credibility and contribute to more informed judicial decisions, ultimately shaping the evolution of case law.

Related terms

Case Law: Case law refers to the body of law created by judicial decisions, as opposed to statutes or regulations enacted by legislative bodies.

KeyCite:

KeyCite is a citation service provided by Westlaw that functions similarly to Shepard's, allowing users to track the status and history of legal cases and statutes.

Citations:

Citations are formal references to legal sources, such as cases or statutes, which indicate where legal authority can be found.