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Citators

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Title: Citators


1
Citators
  • Basic Legal Skills
  • 2006

2
Agenda
  • What is a citator?
  • How to use a citator
  • Citators for cases
  • Demonstrations of Shepards and KeyCite
  • In-class exercises
  • Citators for statutes, regulations, secondary
    sources
  • Currentness of citators
  • Conclusion

3
What Is a Citator?
  • A citator is a tool that shows when and how a
    particular legal authority has been cited.
  • It gives you quantitative information (the
    number of citing references) and qualitative
    information (the kind of treatment a particular
    legal authority has received).

4
Purposes of a Citator
  • 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.

5
History of Legal Citators
  • Print Shepards Citations
  • 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
  • Shepards (Lexis)
  • KeyCite (Westlaw)

6
How to Use a Citator
  • Direct History
  • (prior and subsequent history of your legal
    authority)
  • 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)
  • Did a later case overrule, criticize, or
    distinguish your case?
  • Are there cases and secondary sources that cite
    your case?
  • Parallel Citations

7
Example
  • Kelo v. City of New London, Conn., 125 S. Ct.
    2655,
  • 162 L. Ed. 2d 439 (2005).
  • What protection does the Fifth Amendment's
    public use requirement give to 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?

8
Two Leading Precedents
  • 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.
  • 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 Shepards
  • In the Shepards report for Berman, 348 U.S. 26,
    restrict or filter the citing references by the
    following
  • Jurisdiction (U.S. Supreme Court, 9th Circuit,
    and Washington State cases)
  • Containing words redevelop! /p blight in the
    citing documents
  • 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 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).
  • 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
    or 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 citator results.

42
Statutes, Regulations, and Secondary Sources
  • Citators for statutes typically include
  • 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
  • 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?
  • KeyCite
  • Direct History is added within 1-4 hours of
    receipt of a case.
  • Overrulings are identified by the editors within
    24 hours of receipt.
  • Citing cases are listed as soon as the cases are
    added to Westlaw.
  • Shepards
  • Updated everyday, including weekends and
    holidays.
  • All editorial analysis are added within 24-48
    hours of receipt of the case.

46
Concluding Remarks
  • Use a citator as a finding tool early in the
    research process.
  • Always verify the validity of any legal authority
    that you rely on.
  • Do not depend solely on the flags, signals, or
    graphical symbols you must read the authority to
    see if the negative treatment relates to the
    point of law that youre relying on.

47
Bonus Information
  • CheckCite (on LexisNexis)
  • http//www.lexisnexis.com/lawschool and sign in.
  • Click on LexisNexis Tools gt CheckCite gt Download
    Citation Tools v. 9.0
  • WestCheck (on Westlaw)
  • http//lawschool.westlaw.com
  • Click on Discover Westlaw gt Westlaw Services gt
    download WestCheck
  • (or go to www.westcheck.com)

48
Additional Resources
  • Citator Comparison Table http//lib.law.washington
    .edu/ref/oncite.htmlTable
  • Shepards Tutorial
  • http//web.lexis.com/help/multimedia/shepards.htm
  • KeyCite Tutorial
  • http//lawschool.westlaw.com
  • Click on Discover Westlaw gt Understand Westlaw gt
    KeyCite
  • Reference Office
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