Historical Context
Shepard’s Citations, originally developed in the late 19th century by Frank Shepard, revolutionized the way lawyers and legal researchers track the judicial history and treatment of legal authorities. The initial set of tools was in the form of printed books, but with the advent of technology, these citation resources have been digitized, making legal research more efficient and comprehensive.
Types/Categories
- Case Citations: Track the history and treatment of case law.
- Statutory Citations: Track changes and interpretations of statutes.
- Regulatory Citations: Monitor regulatory changes and judicial interpretations.
- Administrative Citations: Keep track of decisions and changes in administrative law.
Key Events
- 1873: Introduction of the first Shepard’s Citations in book form.
- 1999: Transition to electronic formats began, significantly enhancing search capabilities.
- 2007: Integration with online legal research platforms like LexisNexis for comprehensive digital access.
Detailed Explanations
How Shepard’s Citations Work
Shepard’s Citations provide references to various sources that have cited a legal decision, statute, or regulation. They use a series of codes and symbols to indicate how the citing case treated the cited authority, such as affirmed, reversed, criticized, or followed.
Importance and Applicability
Shepard’s Citations are critical in legal research for verifying the validity of a case, statute, or regulation. They help:
- Ensure the authority is still good law.
- Understand the judicial history and treatment of a legal authority.
- Provide a comprehensive view of how a legal issue has been approached in different jurisdictions.
Examples
Example Case Citation: Shepardizing a case involves checking subsequent cases and decisions that have cited it. For instance, Shepardizing Roe v. Wade provides a list of all later cases that have cited this landmark decision, along with how each case treated it.
Considerations
- Always verify the latest updates as legal precedents can change rapidly.
- Use online tools for the most efficient and comprehensive searches.
Related Terms with Definitions
- Stare Decisis: The legal principle of determining points in litigation according to precedent.
- Case Law: Law established by previous court decisions.
- Legal Precedent: A legal case establishing a principle or rule used by the court or other judicial bodies in deciding later cases with similar issues or facts.
Comparisons
- Shepard’s Citations vs. Westlaw KeyCite: While both are tools for legal research, Shepard’s Citations is known for its history and thoroughness, whereas Westlaw KeyCite is known for its ease of use and integration with Westlaw’s legal research services.
Interesting Facts
- Frank Shepard, who founded Shepard’s Citations, started with a manual indexing system before evolving into the automated systems used today.
Inspirational Stories
Many landmark legal battles have been won or lost based on meticulous research and citation tracking using Shepard’s Citations, ensuring arguments are supported by the most recent and relevant legal precedents.
Famous Quotes
- “A good lawyer knows the law; a great lawyer knows where to find the law.” — Author Unknown
Proverbs and Clichés
- “The devil is in the details.” — Often used to emphasize the importance of thorough research, including legal citations.
Expressions
- “Shepardize a case”: The process of checking citations to ensure legal validity.
Jargon and Slang
- “Bad law”: A term used when a case has been overturned or negatively treated in subsequent legal decisions.
FAQs
How do I use Shepard's Citations?
Why is it important to Shepardize a case?
Are there alternatives to Shepard's Citations?
References
- LexisNexis. (n.d.). Shepard’s® Citations Service. Retrieved from LexisNexis
- University of Virginia School of Law. (n.d.). Using Shepard’s. Retrieved from UVA Law Library
Summary
Shepard’s Citations remain a cornerstone of legal research, providing essential tools for tracking the judicial history and treatment of legal authorities. As they evolve with technology, their importance in ensuring the validity and understanding of legal precedents continues to grow. Whether in print or digital format, Shepard’s Citations enable legal professionals to meticulously verify and argue their cases with the most accurate and current legal information available.
