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Online Citators - University of Washington

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Online Citators
2005
Basic Legal Skills
Agenda
What is a citator?
пЃ® How to use a citator?
пЃ® Citators for cases
пЃ®
пЃ® Demonstrations
of Shepard’s and KeyCite
пЃ® In-class exercise
Citators for statutes, regulations, secondary
sources
пЃ® Currentness of citators
пЃ® Conclusion
пЃ®
2
What Is a Citator?
A citator is a tool that shows when and how a particular
legal resource has been cited.
It gives you quantitative information (the number of citing
references) and qualitative information (the kind of
treatment a particular legal resource has received).
1. For validation: to determine that a case, statute,
regulation, or administrative decision is still good law
and therefore can be used as the basis of your legal
argument.
2. For research: to get citations to other relevant cases,
administrative decisions, or secondary sources to
support your legal argument.
3
History of Legal Citators
пЃ®
Shepard’s Citations in print
пЃ®
пЃ®
пЃ®
пЃ®
пЃ®
by jurisdiction (e.g., Shepard's Federal Citations,
Shepard's Texas Citations)
by reporter (e.g., Pacific Reporter Citations)
by type of authority (e.g., Shepard's Rules Citations,
Shepard's Law Review Citations)
by topical areas (e.g., Shepard's Bankruptcy Citations)
Online citators
Shepard’s (Lexis)
пЃ® KeyCite (Westlaw)
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How to Use a Citator
пЃ®
DIRECT HISTORY
(prior and subsequent history of your legal authority)
пЃ®
пЃ®
пЃ®
Was your case appealed? Was it affirmed, reversed, remanded?
Is your statute reversed, amended, affected by a pending
legislation?
INDIRECT HISTORY or CITING REFERENCES
(listing of other cases and secondary sources that cite to your legal
authority)
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пЃ®
пЃ®
Did a later case overrule, criticize, or distinguish your case?
Are there cases and secondary sources that cite your case?
PARALLEL CITATIONS
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Example
Kelo v. City of New London, 843 A.2d 500 (Conn.
2004), petition for cert. granted (U.S. Sept. 28,
2004) (No. 04-108).
What protection does the Fifth Amendment's public use
requirement provide for individuals whose property is being
condemned, not to eliminate slums or blight, but for the
sole purpose of "economic development" that will perhaps
increase tax revenues and improve the local economy?
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Two Leading Precedents
пЃ®
Berman v. Parker, 348 U.S. 26 (1954).
Upheld the taking of private property for transfer to a
private development corporation as part of an urban
renewal plan.
пЃ®
Hawaii Housing Auth. v. Midkiff, 467 U.S. 229
(1984).
Upheld a taking of private property for redistribution in
order to reduce the concentration of land ownership in
Hawaii.
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In-class Practice with Shepard’s
In the Shepard’s report for Berman, 348 U.S. 26, restrict or
filter the citing references by the following:
пЃ®
Jurisdiction (U.S. Supreme Court, 9th Circuit, and
Washington State cases)
пЃ®
Containing words redevelop! /p blight in the citing
documents
пЃ®
пЃ®
Documents that cite Berman for the point of law
addressed in Lexis headnote 9 of Berman
Documents from year 2000 to present
Q: How many citing references did you see with each
restriction?
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In-class Exercise
You represent a client in New Jersey who wants to develop and sell a
new line of vitamins. Your client wants to sell them, not through retail
stores, but through a multi-level pyramid distribution plan. Is this legal
in New Jersey? (Ignore any applicable federal laws).
Shepardize or KeyCite this case:
Kugler v. Koscot Interplanetary, Inc., 293 A.2d 682 (N.J. Super. Ct. Ch.
1972).
пЃ®
пЃ®
пЃ®
Is Kugler still good law?
Select 3-4 cases you would read first. Explain your choices.
You are interested in finding cases from any jurisdiction that
mentions pyramid distribution/sales systems, or says fraud can take
place even though the victim has not in fact been misled or
deceived by the unlawful practice. Explain how you restricted your
results.
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Statutes, Regulations, and
Secondary Sources
Citators for statutes typically include:
пЃ®
пЃ®
пЃ®
Updating documents (e.g., recently passed public laws)
Pending legislation (that may affect the statute)
Historical and statutory notes that describe the legislative
changes that affected the statute
Graphic symbols for statutes:
пЃ®
пЃ®
Red symbol – recently amended, repealed, ruled
unconstitutional, or otherwise preempted
Yellow symbol – pending legislation, renumbered or
transferred, or validity is otherwise called into doubt
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How Current Are Online Citators?
пЃ®
KeyCite
Direct History is added within 1-4 hours of receipt of a
case.
пЃ® Overrulings are identified by the editors within 24 hours
of receipt.
пЃ® Citing cases are added as soon as they are added to
Westlaw.
пЃ®
пЃ®
Shepard’s
Updated everyday, including weekends and holidays.
пЃ® All editorial analysis codes are added within 24-48 hours
of receipt of the case.
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Concluding Remarks
пЃ®
Use citators as a finding tool early in the
research process.
пЃ®
Always verify the validity of legal authorities
that you rely on.
пЃ®
Do not rely on the flags, signals, or graphical
symbols.
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Additional Resources
пЃ®
Citator Comparison Table
пЃ®
Shepard’s Tutorial
пЃ®
KeyCite Tutorial
http://lib.law.washington.edu/ref/oncite.html#Table
http://web.lexis.com/help/multimedia/shepards.htm
http://lawschool.westlaw.com
Click on Discover Westlaw > Understand Westlaw > KeyCite
пЃ®
Reference Office
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