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Guide to Shepardizing About Shepards United States Citations lists relevant cases/materials that occur after a case decision is handed down from the courts and that have a direct bearing on that particular statute or case. It lists all subsequent cases that cite the subject case. It also tells whether a case has been followed or overruled, which is the most critical notation. When you are preparing a legal document and are citing relevant cases to support your point of view, it is critical that the cases cited have not been overruled. Shepards lists almost every case and statute in the United States. "Shepardizing" refers to the determination of whether the subject case has been overruled by a later case by looking it up in Shepard's Citations. Why Shepardize? The law has many sources, including written judicial opinions (or cases), statutes, and regulations, among others. Judicial opinions form the basis of our common law (or "caselaw") legal system. One of the concepts underlying our common law system is stare decisis, which means "to abide by or adhere to decided cases." According to stare decisis, judges are supposed to adhere to precedent, or principles of law from earlier cases that become rules of guidance in future, similar cases. But stare decisis is not an inviolable concept. A court may criticize or even overrule an already-decided case, thus damaging or even destroying its precedential value. A court may also rule that a statute or regulation is void or invalid, meaning that it is in violation of another existing legal authority. Negative decisions such as these can erode or destroy the precedential value of a case, statute, or regulation, making it "bad law." In order to determine the precedential value of a legal authority, you need to Shepardize its citation. Attorneys are responsible for knowing the precedential value of any case, statute, or other legal authority before relying on it in an argument. Shepardizing shows you the precedential value of a legal authority, as well as helping to expand your research by leading you to new legal sources. What is a Citation? Most legal writing includes one or more citations. A citation is a reference to a legal authority such as a case, statute, or regulation. A citation identifies a legal authority by showing you where the full text of the authority has been published, or "reported." A legal authority, such as a case, that refers to (or "cites") another authority by its citation is called a "citing reference". A legal authority that is referred to (or "cited") by another authority is called a "cited reference." Selected Definitions Administrative Law: Administrative agencies issue rules and regulations (similar to statutes) and also make decisions (similar to judicial opinions). For example, the Code of Federal Regulations comprises laws created by the various federal administrative agencies, while an administrative law judge (or committee) hears cases that fall under an agency's jurisdiction, makes decisions, and issues orders. Bad Law: A case, statute, regulation or other legal authority that has lost its precedential value. For example, a case may lose its precedential value by being reversed or overruled, or as the result of less drastic subsequent judicial treatment such as being criticized or questioned. Note that if a subsequent decision negatively impacts only one point of law in a case, then only that particular point becomes "bad law." Case: This term has two distinct meanings. First, it generally refers to a legal action litigated between two opposing parties, e.g., Ms. Smith and Mr. Jones. The "case" of Smith v. Jones starts in a trial court, before a judge. Following the outcome of the initial trial between Smith and Jones, the case may be heard by a court of appeals, and even eventually by the U.S. Supreme Court. As the litigation progresses through the various courts, it may collectively be referred to as the "case" of Smith v. Jones. In some appellate courts, the party appealing the trial court's decision will be listed first, so Smith v. Jones may become Jones v. Smith during the course of litigation. Second, the term "case" is also used of a single opinion (or decision) written by a judge. In an opinion a judge applies the law (i.e., common, statutory and/or administrative law) to the facts, and explains how the decision was reached. Any written opinion, whether published in a case reporter or not, may be referred to as a case by its case name. Using the example above, the case name Smith v. Jones would be used to refer to each of the opinions written during the course of the litigation. These written opinions may be used as precedent in subsequent cases. Citation: Also, cite. A citation is a reference to a legal authority. A complete citation serves as an "address" for a legal authority by telling you where the full text of a statute, case, or other source of legal information has been published. Citator: A citator is an index or compilation listing every instance in which a legal authority has been cited. A case citator reports the litigation history of a case, as well as how courts unrelated to the litigation have commented on that case. A statutory citator reports whether any subsequent legislative action has affected or modified particular code sections, and lists cases citing those sections. A rules or regulations citator reports whether any judicial ruling has affected or modified a rule or regulation. Cite: This term may be used either as a verb or a noun. To "cite" a case or other legal authority simply means to refer to that authority, regardless of whether the reference is positive, negative, or neutral. Used as a noun, "cite" is shorthand for "citation." Cited Reference: Also, cited source. A cited reference is a legal authority that is being cited by another legal authority. The citation you are Shepardizing is called the cited reference. Citing Reference: Also, citing source. A citing reference is a legal authority that cites another legal authority. When you Shepardize a citation, you are looking for the citing references to your authority. In Shepard's citators, citing references are always found listed in a column below the cited reference. Common Law: Also, caselaw or judge-made law. This is the body of law created by the judicial branch of government. Common law consists of principles and rules of action that have been created by judges in the course of writing opinions about litigated matters. Decision: See case or opinion. Good Law: A case, statute, regulation, or other legal authority that retains its value as precedent. For example, a case that has never been reversed or overruled is likely to be "good law," although many cases lose their precedential value over time by being distinguished or criticized in subsequent decisions. Note that if a subsequent decision negatively impacts only one point of law in a case, then only that particular point will become bad law, while other points of law in the case may remain "good law." Legal Authority: Legal authority is either primary or secondary. A primary legal authority is a case, statute, regulation, or other authority supported by governmental power. A secondary legal authority is a treatise, law review article, or other source that comments on the law but is not supported by governmental power. A secondary authority may be used in an argument to persuade the court, however, and, if successful, the court may place its primary authority behind a secondary authority and adopt the secondary authority as precedent. Opinion: Also, case or decision. An opinion is a piece of writing in which a judge applies the law (i.e., common, statutory and/or administrative law) to the facts, and explains how a decision was reached. Any written opinion, whether or not it is published in a reporter, may be referred to as a case by its case name. Parallel Citation: If an opinion has been published in more than one reporter, it will have two or more different citations, each of which directs you to a different reporter. These citations are called parallel citations. Precedent/Precedential: See also stare decisis. A precedent is a written opinion (or a principle or rule therein) that provides authoritative guidance to a judge in a subsequent case, generally either because the prior case is similar in its facts or raises similar questions of law. Judges are usually required to decide the cases before them on the basis of precedent established in prior cases. Shepardize/Shepardizing: To Shepardize a citation means to use one of Shepard's citators to identify and analyze the other legal authorities that have discussed that citation. For example, if you were to Shepardize the case Smith v. Jones you would discover all of the cases and other authorities that have cited Smith. You would also discover editorial information concerning what those legal authorities have said about Smith that would help you analyze Smith's current precedential value. Stare Decisis: To stand by that which was decided; to adhere to or abide by precedent established in prior case decisions. Statute/Statutory Law: Law enacted by the legislative branch of government, either Congress on the federal level, or legislative bodies on the state level. How To Use Shepard's Citations Tools needed:
United States Supreme Court Reports Ref KF101 .A2 Shepard's United States Citations Coverage in the original set is from the 1790s to 1955, and the new series covers 1955 to the present. Ref KF101.2 .S54 Bieber's Dictionary of Legal Abbreviations Use this book for the meaning of abbreviations used in citations of legal publications. Ref KF246 B46 2001
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