KEYCITE AND SHEPARDS

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KEYCITE AND SHEPARDS

• Citators in the new century

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The Old Standard

• Shepards
• Begun in 1873 Independent until decade
• Owned now by Reed-Elsevier (Lexis parent)
• Online available only on Lexis/Nexis
• Also available in print

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KeyCite

• Begun in 1997
• WestGroup Product
• Available only on Westlaw
• Creature of the digital age
• No print equivalent

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Refresher

• What is a citator
• An index to sources (Primary and Secondary) that
  cite to a known source the cited source
• Types of citing sources
• Cases
• Statutes
• Journal Articles
• ALRs
• Treatises
• Encyclopedias

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Functions of Citator in Case Law Research

• Determine whether a case is still good law
• Reversed on appeal
• Overruled by cases outside appellate line
• Locate similar and supporting authority to
  bolster an argument
• Attack the underpinnings of a case
• Table of Authorities

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Table of Authorities

• The Table of Authorities lists each document
  cited by your case. The Table of Authorities can
  help you find hidden weaknesses in your case by
  showing whether the cases on which it relies have
  significant negative history

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Functions of Citator in Statutory Research

• Determine whether a statute is still good law
• Indicates whether a statute
• Has been amended repealed or pre-empted
• Has pending legislation
• Has been renumbered
• Has been transferred
• Contains an editors amendment note
• Was held invalid or limited on constitutional or
  preemption grounds or its validity was otherwise
  called into doubt

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Our Agenda

• Compare and Contrast
• Look specifically at
• Display options for your results
• Refining your results
• Expanding your results

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Korematsu vs. United States 323 US 214 (1944)

• In 1944 Fred Korematsu an American citizen of
  Japanese descent was convicted for failing to
  report to an assembly center. He appealed his
  conviction through all levels of the federal
  court system. On his final appeal the Supreme
  Court held that the mandatory incarceration of
  citizens by the American military based on their
  race or ancestry was constitutional.

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Your Case Fifty Years Later

• You are representing Dr. Syed Kamran an American
  citizen of Syrian descent. He has been arrested
  by military authorities and is being held at an
  undisclosed location for questioning. His
  family has hired you to represent him. You are
  researching case law to determine the current
  status of the law regarding military detentions
  of American citizens and wonder if subsequent
  treatment of the Korematsu case could provide
  some authority with which to secure his release.
  You want to be comprehensive so you will use
  both Shepards and KeyCite.

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Sample Case Citation

• Korematsu vs. United States 323 US 214 65 S.Ct.
  193 89 L.Ed. 194 1944 U.S. LEXIS 1341 (1944)

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Shepards on Lexis.com

• Display Formats (Reports)
• SHEPARDS for Validation (KWIC) - subsequent
  history and citing references with positive or
  negative treatment and new citing cases that
  havent yet been analyzed by Shepards editors.
• SHEPARDS for Research (FULL) all prior and
  subsequent history and all citing references from
  all types of resources including secondary
  sources annotated statutes.

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Shepards Signal Indicators

• Warning
• Negative Treatment is indicated
• Caution
• Possible Negative treatment is indicated
• True Positive
• Positive treatment is indicated
• Analysis Available
• Citation Information Available

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History vs. Treatment

• History Prior or Subsequent
• Fate of cited case as it moves up and down the
  appellate process
• Treatment
• The effect of subsequent citing sources on the
  case
• Sources outside the direct appellate line

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Results Display order

• Organized by Jurisdiction
• Organized by Court
• Organized in reverse chronological order
• Organized by editorial analysis codes
• Codes are full not abbreviated
• Secondary sources will be placed at end of list
  of citing sources

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Refining Results Display

• All Negative editorial analysis
• All Positive editorial analysis
• Any editorial analysis
• Custom Restrictions specific to cite
• Analysis
• Jurisdiction
• Headnotes
• Dates

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Focus Search

• Purpose Pinpoint issues and/or fact patterns
  within the full text of citing references
• Begin in Full Display
• Click on Focus Search link at top of page
• Enter your search query in field
• Click Focus button to initiate search
• Use Back Arrow to return to full display

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Accessing KeyCite

• Korematsu 323 US 214
• Summary and Outline on Left Navigation Bar
• Initial Display opens to History and includes any
  prior/subsequent direct history and negative
  treatment

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KeyCite Status Flags

• Red
• Case is no longer good law for at least one of
  the issues included
• Statute has been amended or repealed
• Yellow
• Case has some negative history but has not been
  directly reversed or overruled
• Statute has pending legislation which may affect
  it
• Blue H
• Case has some history no known negative
• Green C
• citing references but no direct or negative
  indirect history

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KeyCite Results Screen

• History (Default)
• Direct History - Prior and Subsequent history of
  cited case
• Negative Indirect History
• Citing References
• Full list of citing references
• Full Text Document
• Table of Authorities (TOA)
• West Key Numbers

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Citing Sources - Organization

• Citations list order in KC Citing Ref Tab
• Negative treatment
• Positive treatment
• Depth of treatment
• Jurisdictional Level
• Secondary sources

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Depth of Treatment Stars

• Examined
• Extended discussion (1 page)
• Discussed
• Substantial discussion ( 1 paragraph)
• Cited
• Less than a paragraph of discussion
• Mentioned
• Usually a string citation

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Other Symbols

• - Purple Quotation Mark Indicates the cited
  case is quoted within the citing reference
• HN Followed by a number this indicates the
  Headnote of the cited case which encapsulates the
  issue under discussion in the citing case

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Refining Results in KeyCite

• Go to Citing References link in left frame
• Click on Limit KeyCite Display in bottom bar
• Options for Limiting
• Locate search
• Date
• Jurisdiction
• Document Type
• Headnote/Topic
• Depth of Treatment

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Locate in KeyCite

• The Locate feature allows you to refine your
  KeyCite result by searching the text of cases in
  the citing references list of the KeyCite
  display.  KeyCite Locate works for KeyCite
  results of less than 2000 documents.
• Comparable to FOCUS in Lexis

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Expanding Results

• Shepards
• Secondary Sources (ALR Law Reviews etc.)
• Some exclusive to Lexis
• Annotated Statutes
• KeyCite
• West Topic and Key Number Digesting System
• Secondary Sources
• Some exclusive to Westlaw

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Functions of Citator in Statutory Research

• Determine whether a statute is still good law
• Indicates whether a statute
• Has been amended repealed or pre-empted
• Has pending legislation
• Has been renumbered
• Has been transferred
• Contains an editors amendment note
• Was held invalid or limited on constitutional or
  preemption grounds or its validity was otherwise
  called into doubt

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Statutory Example

• Illinois Annotated Statutes
• Chapter 720 Act 5 Article 7 Section 7-1
• Cite abbreviation 720 ILCS 5/7-1

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Updating Statutes with KeyCite

• Outline in Left Frame
• Mimics pattern seen in Wests annotated codes in
  print
• Status Flags and Comment
• Multiple Status Flags are possible
• History of a Statute

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KeyCite History for StatutesKeyCite flags
indicate the status of the statute.
Statutes History

• A red flag indicates that
  the statute has been
• Recently amended
• Repealed
• Ruled unconstitutional
• Preempted

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KeyCite History for Statutes
Statutes History

• A yellow flag indicates that the statute
• Has pending legislation
• Has been renumbered
• Has been transferred
• Contains an editors amendment note
• Was limited on constitutional or preemption
  grounds or its validity was otherwise called into
  doubt

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KeyCiting Statutes

• KC History Tab History of a Statute
• Updating Documents
• Lists citations to recent session laws that have
  amended or repealed the section
• Pending Legislation
• Lists citations to pending bills that reference a
  federal statute
• Credits
• Lists in chronological order citations to session
  laws that have enacted amended or renumbered the
  section
• Historical and Statutory Notes
• Describes the legislative changes affecting the
  section

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Updating Statutes with KeyCite

• Citing References
• Full Text of Statute
• Table of Contents (Context)
• Historical Versions
• Section Outline
• Citing Cases
• Analysis (Secondary Sources)
• Legislative History
• Administrative
• Key Numbers

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Restricting Citing References for a Statute

• Limit Citing Refs
• Show Citation Counts
• Counts citing sources by type and notes of
  decisions
• Citing cases can be restricted to those
  pertaining to specific notes of decisions
• Other Limits
• Types of Document
• Jurisdiction or Publication
• Date
• Document Type

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Shepards Initial Display for Statutes

• In Shepards statute segmented into sub-sections
  if applicable
• Overall Exact Match
• Individual Subsections segregated into distinct
  listings
• Exact Match MAY NOT include all citing sources
  in subsectsions

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Shepardizing Statutes

• Legislative History
• Citing Decisions
• Organized by Jurisdiction Court
• Secondary organization is reverse chronological
• Secondary Sources
• Use Custom Restrictions to Limit by
  Jurisdiction Date or Type of Sources (Secondary
  vs. Primary)

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KeyCite Alert

• An automatic monitoring service that checks the
  status of your cases and statutes and sends you
  an update notice if the status of a primary
  reference has changed.
• An option on the dropdown menu in the upper
  horizontal frame

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Which is better

• No definite answer
• Depends on what you want
• Depends on what you can afford
• Check both if you can
• Case Validation Roughly equivalent
• Nuanced distinctions