CHAPTER 10CHAPTER 10

Validating Your Research: Validating Your Research: Using Using Shepard’sShepard’s and Other and Other

CitatorsCitators

The BluebookThe BluebookRule 1.2 – Signals Showing Rule 1.2 – Signals Showing

SupportSupport

No signal: Indicates the cited authorityNo signal: Indicates the cited authority

E.gE.g.: Cited material states the .: Cited material states the proposition presented in the sentence; proposition presented in the sentence; other materials also states the same other materials also states the same proposition, but a cite is not helpful or proposition, but a cite is not helpful or necessarynecessary

The BluebookThe BluebookRule 1.2 – Signals Showing Rule 1.2 – Signals Showing

SupportSupport SeeSee: Used instead of “no signal” : Used instead of “no signal”

when proposition stated is not when proposition stated is not exactly stated by the authority cited exactly stated by the authority cited but clearly follows itbut clearly follows it

See alsoSee also: Cited authority is : Cited authority is additional support for the proposition additional support for the proposition presentedpresented

The BluebookThe BluebookRule 1.2 – Signals Showing Rule 1.2 – Signals Showing

SupportSupport

Cf.Cf.: Indicates that the cited authority : Indicates that the cited authority provides material similar to the provides material similar to the propositionproposition

CompareCompare: Shows that comparison of : Shows that comparison of the authorities provides support of the the authorities provides support of the proposition presented proposition presented

The BluebookThe BluebookRule 1.2 – Signals Showing Rule 1.2 – Signals Showing

ContradictionContradiction

ContraContra: Cited authority is contrary to : Cited authority is contrary to the propositionthe proposition

But seeBut see: Cited authority supports a : Cited authority supports a position contrary to the propositionposition contrary to the proposition

The BluebookThe BluebookRule 1.2 – Signals Showing Rule 1.2 – Signals Showing

Background MaterialBackground Material

See generallySee generally: Cited authority offers : Cited authority offers background material related to the background material related to the propositionproposition

Shepard’s CitationsShepard’s Citations

Information provided for case citations:Information provided for case citations: Parallel citesParallel cites Cites to same case if subject of published Cites to same case if subject of published

opinions of other courts opinions of other courts Cites to all cases discussing your caseCites to all cases discussing your case Description of how other cases have Description of how other cases have

considered your case citationconsidered your case citation Cites to certain secondary sources Cites to certain secondary sources

discussing your citationdiscussing your citation

Shepard’s CitationsShepard’s Citations

Information provided for statute Information provided for statute citations:citations: Whether statute has been amended or Whether statute has been amended or

repealedrepealed Cites to case law discussing statuteCites to case law discussing statute Description of how case law has Description of how case law has

considered the statute considered the statute Cites to certain secondary sources Cites to certain secondary sources

discussing the statutediscussing the statute

Shepard’s Shepard’s Citators in PrintCitators in Print

Shepard’s United States CitationsShepard’s United States Citations Shepardizes U.S. Supreme Court casesShepardizes U.S. Supreme Court cases

Shepard’s Federal CitationsShepard’s Federal Citations Shepardizes federal district court and Shepardizes federal district court and

appellate court decisionsappellate court decisions Federal SupplementFederal Supplement Federal ReportersFederal Reporters

Shepard’s Shepard’s Citators in PrintCitators in Print(continued)(continued)

Citators for each of the regional Citators for each of the regional reportersreporters

Citators for state case reportersCitators for state case reporters

Shepard’s CitationsShepard’s CitationsInformation Provided About CasesInformation Provided About Cases

Whether a cases has been overruled by a Whether a cases has been overruled by a subsequent casesubsequent case

Whether a cases has been criticized by a Whether a cases has been criticized by a subsequent casesubsequent case

Whether a cases has been approved by a Whether a cases has been approved by a subsequent casesubsequent case

Whether a cases has been questioned by a Whether a cases has been questioned by a subsequent casesubsequent case

Whether a cases has been cited in dissent Whether a cases has been cited in dissent of a subsequent caseof a subsequent case

Shepard’s CitationsShepard’s CitationsAbbreviationsAbbreviations

Shepard’s relies very heavily on Shepard’s relies very heavily on abbreviationsabbreviations

See Figure 10-4 on page 261 and Figure See Figure 10-4 on page 261 and Figure 10-5 on page 262 for case history and 10-5 on page 262 for case history and

case treatment abbreviationscase treatment abbreviations

Shepard’sShepard’s Citators CitatorsUpdates to Main VolumesUpdates to Main Volumes

Cumulative Supplement (Red Cumulative Supplement (Red paperback)paperback)

Annual and Semi-annual Supplement Annual and Semi-annual Supplement (Gold paperback)(Gold paperback)

Advance Sheets (White pamphlets)Advance Sheets (White pamphlets) A daily update service is available via A daily update service is available via

fax, the Internet or by telephonefax, the Internet or by telephone

Shepard’s CitationsShepard’s Citations Online OnlineAvailable Through LEXISAvailable Through LEXIS

Information is current so updates are Information is current so updates are unnecessaryunnecessary

Citing information can be displayed Citing information can be displayed selectivelyselectively

Negative information is highlighted at the Negative information is highlighted at the beginningbeginning

Normal terminology is used rather than Normal terminology is used rather than abbreviationsabbreviations

Hyperlinks to authorities are providedHyperlinks to authorities are provided

Shepard’sShepard’s Statutory Citators Statutory CitatorsCoverageCoverage

ConstitutionsConstitutions StatutesStatutes CodesCodes Administrative RegulationsAdministrative Regulations Administrative RulesAdministrative Rules

Shepard’sShepard’s Statutory Citators Statutory Citators

Provides information closely Provides information closely resembling case citationsresembling case citations

See Figure 10-9 on page 268 of the See Figure 10-9 on page 268 of the text for an extensive list of the text for an extensive list of the abbreviations usedabbreviations used

Available in print and on-lineAvailable in print and on-line

KeyCiteKeyCite

On-line citator available through On-line citator available through WestlawWestlaw

Provides similar information as Provides similar information as Shepard’s but includes “depth of Shepard’s but includes “depth of treatment stars”treatment stars” The amount of stars indicates whether the The amount of stars indicates whether the

case was merely mentioned or analysed in case was merely mentioned or analysed in depthdepth

Other Electronic CitatorsOther Electronic CitatorsAuto-CiteAuto-Cite

Found on LEXISFound on LEXIS Provides parallel citesProvides parallel cites Provides historyProvides history Provides negative treatmentProvides negative treatment DOES NOT list all cited authorityDOES NOT list all cited authority

Other Electronic CitatorsOther Electronic CitatorsLexciteLexcite

Found on LEXISFound on LEXIS Searches LEXIS database for all case Searches LEXIS database for all case

citationscitations DOES NOT provide comment or DOES NOT provide comment or

evaluationevaluation

Cite CheckingCite CheckingAlways VerifyAlways Verify

Citation formatCitation format Citation accuracyCitation accuracy Validity of authoritiesValidity of authorities Accuracy of authoritiesAccuracy of authorities Use of most up-to-date cases and Use of most up-to-date cases and

authoritiesauthorities Citation of quotationsCitation of quotations Accuracy of quotationsAccuracy of quotations