This week in the Law Library we are welcoming our LLM students, still moving, and looking at summer legal research tips.
Welcome LLM Students
A warm welcome to our LLM students! We’re so happy that you joined us.
Image by Gordon Johnson from Pixabay
LLM Introduction to the Law Library
- Wednesday, Aug. 10
- 2:00pm – 3:30pm
- Room 230
Hours & Access
Currently, building access is restricted to Monday — Friday 7:00am – 5:00pm. UC Bearcat cards do not currently work at the entrance doors. The Law Library is still under construction and currently our stacks are closed. Please request books through UCLID, the online catalog.
Summer Legal Research Tips
Previously, we looked at initial steps to take when you get a summer research project, researching secondary sources, the structure and organization of statutory codes and where to find them, finding and searching within annotated codes, how to update and validate statutes, researching historical codes, statutory surveys, and finding cases. This week we will cover validating your cases.
Citators
There are two main case law citators to verify the status of your case – on LexisNexis, it is Shepards and on Westlaw it is Keycite. Keyciting and shepardizing are also a method for finding other cases and secondary sources relevant to your topic. There are differences between the citator symbols used by Westlaw and Lexis, but as a general rule, in either Westlaw or Lexis cases with a red flag or red stop sign may no longer be good law and should not be relied upon without doing further research. Similarly, cases with a yellow flag or yellow triangle should be used with caution because they may have been distinguished by other court rulings. Remember, that you need to take into account the jurisdiction of your case and the cases citing your case in order to determine if your case is still good law.
Lexis Shepard’s Symbols
Red Octagon: Warning Strong Negative Treatment Indicated
The red Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain strong negative history or treatment of your case (for example, overruled by or reversed).
Circle with an exclamation point: Warning Strong Negative Treatment Indicated
The red Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain strong negative treatment of the section (for example, the section may have been found to be unconstitutional or void).
Orange Square with a Q: Questioned: Validity questioned by citing reference
The orange Shepard’s Signal™ indicator indicates that the citing references in the Shepard’s® Citations Service contain treatment that questions the continuing validity or precedential value of your case because of intervening circumstances, including judicial or legislative overruling
Yellow Triangle: Possible negative treatment indicated
The yellow Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain history or treatment that may have a significant negative impact on your case (for example, limited or criticized by).
Green Diamond with Plus Sign: Positive treatment indicated
The green Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain history or treatment that has a positive impact on your case (for example, affirmed or followed by).
Blue Octagon with an A: Citing references with analysis available
The blue “A” Shepard’s Signal™ indicator indicates that citing references in the Shepard’s® Citations Service contain treatment of your case that is neither positive nor negative (for example, explained).
Blue Octagon with an I: Citation information available
The blue “I” Shepard’s Signal™ indicator indicates that citing references are available in the Shepard’s® Citations Service for your case, but the references do not have history or treatment analysis (for example, the references are law review citations).
Westlaw KeyCite Symbols
Red flag: Severe negative treatment
Indicates a document is no longer good law for at least one point of law.
Yellow flag: Negative treatment
Indicates a document has some negative treatment
Blue-Striped flag
Indicates a document has been appealed to the US Courts of Appeals or the U.S. Supreme Court (excluding appeals originating from agencies).
Overruling Risk warning: Negative treatment
Indicates a document may no longer be good for at least one point of law based on its reliance on an overruled or otherwise invalid prior decision.