Shepard's Citations

Definition

Shepard's Citations is a legal research tool that helps users track the history and treatment of legal cases, statutes, and regulations. This resource provides information on whether a case is still good law, how it has been cited in subsequent cases, and any negative treatment it may have received, ensuring that legal professionals can verify the authority and relevance of legal precedents effectively.

5 Must Know Facts For Your Next Test

1. Shepard's Citations originated from the Shepard's Company, founded in 1873, and has evolved into a digital tool integrated into various online legal databases.
2. It provides detailed information about how cases have been cited in later decisions, indicating whether they have been followed, distinguished, or overruled.
3. The resource allows users to generate citation reports that summarize the treatment of a specific case across different jurisdictions.
4. Shepardizing helps lawyers and researchers avoid relying on outdated or discredited legal authorities by ensuring they are using current and applicable law.
5. Most major legal research platforms include Shepard's Citations functionality, making it an essential feature for effective legal research.

Review Questions

• How does Shepard's Citations enhance the reliability of legal research?
  • Shepard's Citations enhances the reliability of legal research by providing comprehensive tracking of how legal cases have been treated over time. By showing whether a case is still considered good law or if it has faced negative treatment in subsequent rulings, researchers can make informed decisions about the relevance and authority of their sources. This ensures that lawyers rely on current precedents rather than outdated or potentially invalid ones.
• In what ways do Shepard's Citations and KeyCite serve similar purposes in legal research?
  • Both Shepard's Citations and KeyCite serve the purpose of validating legal precedents by tracking how cases are cited in subsequent rulings. They provide insights into the treatment of cases, helping legal professionals determine if they can confidently rely on certain precedents. While Shepard's is a standalone product linked to LexisNexis databases, KeyCite is integrated into Westlaw, yet both play critical roles in ensuring that attorneys are referencing up-to-date and authoritative legal sources.
• Evaluate the impact of digital platforms on the traditional use of Shepard's Citations in modern legal practice.
  • The shift to digital platforms has significantly transformed the use of Shepard's Citations in modern legal practice. These platforms have made access to citation services faster and more efficient, allowing users to quickly verify the status of cases with just a few clicks. Additionally, digital integration means that updates are instantaneous, providing real-time information about any changes in the law or case treatments. As a result, reliance on traditional print resources has decreased, enhancing the speed and accuracy with which attorneys can conduct their research.

Related terms

Legal Precedent:

A legal precedent is a court decision that serves as an example or rule for future cases involving similar issues, guiding judges in their rulings.

Citation:

A citation is a reference to a legal source, such as a case or statute, that allows others to locate the original document for further review or citation.

KeyCite:

KeyCite is a legal research tool similar to Shepard's Citations, used to check the validity and treatment of legal cases and statutes within Westlaw, another online legal research platform.