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SHEPARDS CITATIONS

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					Shepard’s Citations and
Other Citators




               Is the
             Authority
         Still Good Law?
 What are Citators?

A citator is a tool to discover whether the
 authority in which you wish to rely has been
 cited elsewhere, and if so, how it has been
 treated by other authorities.

Validation -- a tool to check the status of the
 authority: “Is case or statute still good law?”
  Has the case’s status changed since it was
   published? Reversed on appeal or overruled?
  Has the statute or regulation been amended,
   repealed, or found unconstitutional?
Citator Functions
Functions as a case finding tool to expand
 your research.
  Find cases on similar issues.
  Trace references to specific headnotes.
Find references to secondary resources.
  Law Reviews/Journals and A.L.R. Annotations.
Shepard’s Citations . . .

Shepard’s is the most frequently used print
 citator used by the legal profession.
Shepard’s lists every instance in which a
 legal authority has been cited by another
 legal authority.
To access Shepard’s, you must have a
 CITATION to a legal authority.
Learning to Shepardize is a rite of passage.
           Formats

Shepard’s Citations are available
 in a variety of formats:
 Print
 Exclusively on LEXIS online database.
   WESTLAW citator service is called
    KEYCITE.
 Electronically on CD-ROM
Online v. Print
Advantages online:
Includes unpublished decisions.
Includes all law reviews/journals in the
 Lexis.com system.
Statutory annotations are linked directly
 to cases.
More comprehensive scope of citing
 references.
    Where are the print Shepard’s
    citators located at FCSL?
Shepard’s Citations in print are located in
 the Reference Room on aisles 106 - 108.
Be sure to pick the correct Shepard’s.
They ALL look alike!
           Available
     Shepard’s Citations . . .
Over 200 different units of Shepard’s Citations
 are published in print.
 Examples include:
  Shepard’s United States Citations for United States
   Supreme Court decisions.
  Shepard’s Federal Citations for U.S. District Court and
   Court of Appeals opinions.
  State cases may be Shepardized in state and/or
   regional citators.
 The exact coverage in each citator type is
 different.
Types of Shepard’s
Jurisdictional Shepard’s -- state, regional,
 or federal. Coverage varies. Consult
 appropriate divisions.
  State Reporters – shows citations of the
   official state reporter, selected leading law
   reviews, annotations, and federal court cases
   for that particular state.
  Regional Reporters – cites to all state cases
   in that component of the NRS.
     There are no citations to law reviews or statutes.
 More types of Shepard’s
Topical
 Covers specific areas of law or type of
  tool. Examples include:
   Law reviews, C.F.R., and Restatements.
   Or by subject area -- administrative law,
    bankruptcy, labor, tax, intellectual property
    (copyrights, patents and trademarks).
  What makes Shepard’s
  SO Special?
The print version uses a unique citation
 style. Definitely NOT in Bluebook format!
833 F. Supp. 1028 = 833FS1028

 Editorial citations and treatment letters
 appear in a “secret code” to the uninitiated!

Abbreviations and symbols signal how an
 authority has been treated or interpreted by
 other authorities.
So what does Shepards look
like??

Next slide is an example from Print
 Shepards for the Pacific Reporter 2d
 series.

The Slide following that is an example
 form Print Shepards for Michigan Statutes.
So what is the objective of
this “secret code?”




    To convey as much
    information as possible in
    the least amount of space!
Now, the fun part!

Using Shepard’s
in print . . .
           STEP ONE:
  Select the CORRECT citator.
Federal citators -- Shepard’s Federal Citations
 and Shepard’s United States Citations.
Jurisdictional citators -- State and regional
 citators. Regional citators do not include statute
 and other non-case legal authorities as cited
 references.
Specialized citators -- Specialized Federal
 Practice Citators (labor, bankruptcy), Shepard’s
 Uniform Commercial Code Citations, among
 many others.
STEP TWO:
Check for the most current
and complete edition.
Check the most RECENTLY issued
 supplement and consult the information
 on the cover:
 “What Your Library Should Contain.”
  Each Shepards volume covers a specific
   period of time and they are NOT cumulative
  You MUST check all applicable bound
   volumes, softbound supplements, and
   updates listed under this section!!
Step Two (continued)

To completely Shepardize a case you may
 have to look in several or all of these:
     maroon bound volumes
     maroon bound supplements
     red paperback cumulative supplements
     gold annual or semi-annual supplements
     white advance sheets
     blue express issues.
  STEP THREE:
  Understand the Citator.

Learn about its scope of coverage and unique
 features.
Read the preface – it describes important
 features of that particular citator.
Notice the “Case Analysis - Abbreviations”
How To Use . . . Work through the example.
Illustrative example. Practice, practice,
 practice!
STEP FOUR: Find the citation
in the citator
1. THE RIGHT DIVISION -- look for your
 reporter
2. VOLUME NUMBER -- located on the
 top of the page and in easy-to-find boxes.
3. CASE PAGE NUMBER scan for page
 number in bold, between dashes.
4. REPEAT STEPS A - C in each
 publication listed in “What Your Library
 Should Contain” section.
Be METHODICAL!!
  STEP FIVE
  Interpreting the entries.
See “Case Analysis – abbreviations”
  History of the cited case and citations to other authorities
   citing the case.
  Editorial analysis in letter-form abbreviations.
     Be especially alert for negative treatment codes
        • “o” for overruled
        • “r” for reversed.
  Often located in the inside covers.
Note Headnotes -- raised superscripts preceding the
 citing case’s page number.
 Citing references are organized by jurisdiction and
 court.
REMEMBER . . .

All abbreviations are
 defined in the
 introductory material!!
You do not have to
 memorize them, just
 know where to look!!
     Shepard’s for case law
               Summary

Fairly mechanical process, not that difficult,
 once you have practice it, but EXTREMELY
 important.
Tool used to validate your research and find
 precedential authorities.
Part of the ethical obligation to provide
 competent representation.
Remember, learning to Shepardize in print is
 a rite of passage for all law practitioners!
  Shepard’s for statutes.
  The process is the same!

STEP ONE: select the right citator.
STEP TWO: check the “What your Library
 Should Contain” in the current update.
STEP THREE: Shepardize cite in all volumes.
STEP FOUR: while consulting Table of
 Abbrevations, the preface, and “Statute
 Analysis - Abbreviations”
STEP FIVE: interpret information found.
Shepard’s for statutes . . .

Read the introductory material!!
And note the treatment and history
 signals are different than cases
  Consult the “Statute Analysis - Abbreviations”
More help is available for
Using Shepard’s

Check out the Shepard’s tutorial on LexisNexis.
 You do not need a Lexis password to do the
 tutorial! Pick the one on Updating.

Review the illustrative examples located in the
 print versions.

ASK A LIBRARIAN for help!

				
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