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CHAPTER 10

CHAPTER 10. Validating Your Research: Using Shepard’s and Other Citators. The Bluebook Rule 1.2 – Signals Showing Support. No signal: Indicates the cited authority

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CHAPTER 10

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  1. CHAPTER 10 Validating Your Research: Using Shepard’s and Other Citators

  2. The BluebookRule 1.2 – Signals Showing Support • No signal: Indicates the cited authority • E.g.: Cited material states the proposition presented in the sentence; other materials also states the same proposition, but a cite is not helpful or necessary

  3. The BluebookRule 1.2 – Signals Showing Support • See: Used instead of “no signal” when proposition stated is not exactly stated by the authority cited but clearly follows it • See also: Cited authority is additional support for the proposition presented

  4. The BluebookRule 1.2 – Signals Showing Support • Cf.: Indicates that the cited authority provides material similar to the proposition • Compare: Shows that comparison of the authorities provides support of the proposition presented

  5. The BluebookRule 1.2 – Signals Showing Contradiction • Contra: Cited authority is contrary to the proposition • But see: Cited authority supports a position contrary to the proposition

  6. The BluebookRule 1.2 – Signals Showing Background Material • See generally: Cited authority offers background material related to the proposition

  7. Shepard’s Citations • Information provided for case citations: • Parallel cites • Cites to same case if subject of published opinions of other courts • Cites to all cases discussing your case • Description of how other cases have considered your case citation • Cites to certain secondary sources discussing your citation

  8. Shepard’s Citations • Information provided for statute citations: • Whether statute has been amended or repealed • Cites to case law discussing statute • Description of how case law has considered the statute • Cites to certain secondary sources discussing the statute

  9. Shepard’s Citators in Print • Shepard’s United States Citations • Shepardizes U.S. Supreme Court cases • Shepard’s Federal Citations • Shepardizes federal district court and appellate court decisions • Federal Supplement • Federal Reporters

  10. Shepard’s Citators in Print(continued) • Citators for each of the regional reporters • Citators for state case reporters

  11. Shepard’s CitationsInformation Provided About Cases • Whether a cases has been overruled by a subsequent case • Whether a cases has been criticized by a subsequent case • Whether a cases has been approved by a subsequent case • Whether a cases has been questioned by a subsequent case • Whether a cases has been cited in dissent of a subsequent case

  12. Shepard’s CitationsAbbreviations Shepard’s relies very heavily on abbreviations See Figure 10-4 on page 261 and Figure 10-5 on page 262 for case history and case treatment abbreviations

  13. Shepard’s CitatorsUpdates to Main Volumes • Cumulative Supplement (Red paperback) • Annual and Semi-annual Supplement (Gold paperback) • Advance Sheets (White pamphlets) • A daily update service is available via fax, the Internet or by telephone

  14. Shepard’s Citations OnlineAvailable Through LEXIS • Information is current so updates are unnecessary • Citing information can be displayed selectively • Negative information is highlighted at the beginning • Normal terminology is used rather than abbreviations • Hyperlinks to authorities are provided

  15. Shepard’s Statutory CitatorsCoverage • Constitutions • Statutes • Codes • Administrative Regulations • Administrative Rules

  16. Shepard’s Statutory Citators • Provides information closely resembling case citations • See Figure 10-9 on page 268 of the text for an extensive list of the abbreviations used • Available in print and on-line

  17. KeyCite • On-line citator available through Westlaw • Provides similar information as Shepard’s but includes “depth of treatment stars” • The amount of stars indicates whether the case was merely mentioned or analysed in depth

  18. Other Electronic CitatorsAuto-Cite • Found on LEXIS • Provides parallel cites • Provides history • Provides negative treatment • DOES NOT list all cited authority

  19. Other Electronic CitatorsLexcite • Found on LEXIS • Searches LEXIS database for all case citations • DOES NOT provide comment or evaluation

  20. Cite CheckingAlways Verify • Citation format • Citation accuracy • Validity of authorities • Accuracy of authorities • Use of most up-to-date cases and authorities • Citation of quotations • Accuracy of quotations

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