M05 Assignment - Citators Paper
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Ivy Tech Community College, Indianapolis *
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102
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Law
Date
Feb 20, 2024
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docx
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2
Uploaded by AgentGull3714
Erica Stiening
LEGS 102
M05 Assignment - Citators Paper
The textbook defines a citator as research materials used to update or “validate” legal authorities.
(Hames) The book also says that the most familiar citator is Shepard’s Citations
, which is
available in print or online via Lexis Advance. Citators allow a researcher to determine if
particular legal authorities are still good law. “Good law is a law that is still in effect or valid and
can be cited as authority” (M05 Learning Activities). “Shepard’s is most commonly used to check case law; it is also used to check other authorities,
such as constitutions, statutory law, administrative regulations, selected law review articles,
A.L.R. annotations, court rules, and approved jury instructions” (Hames). The various types of federal and state authorities can be Shepardized: Case law, statutory law,
constitutions, administrative regulations, selected law reviews and A.L.R.s, court rules, and
approved jury instructions.
Shepard’s Case Citators in Print: Shepard’s
includes separate case citators for cases from
different courts. For federal cases, Shepard’s publishes the following: Shepard’s United
States Citations for Shepardizing U.S. Supreme Court cases
and Shepard’s Federal
Citations for Shepardizing federal district court and appellate court decisions (Federal
Supplement and Federal Reporters)
. Shepard’s
also publishes citators for each of the
regional reporters as well as citators for state case reporters. Cases listed are organized
first by reporter and series, then numerically by volume and page number. The following
information is provided for Shepardizing case law: Parallel cites for the cited authority,
cites to the same case (if there are prior or subsequent reported decisions in the same
action), cites to all other cases discussing your citation, description of how other cases
have considered your case citation, and cites to selected secondary sources discussing
your citation.
Shepard’s Statutory Citators in Print: Shepard’s publishes citators that allow you to
Shepardize constitutions, statutes or codes, and administrative rules or regulations,
including the Code of Federal Regulations.
“These citators are similar to case citators in
many respects. When you Shepardize this type of material, you find information about
the history of the law, that is, if it was amended or repealed. You also find citations to
cases and secondary authorities that discuss the law” (Hames). Information provided for
statutory law: whether the statute was amended or repealed, cites to case law discussing
the statute, description of how case law considered the statute, and cites to selected
secondary sources discussing the citation.
“
Shepardizing in Print—Note the citation to
be Shepardized. Locate all relevant Shepard’s volumes, including supplements and
advance sheets. Check “What your library should contain …” on the cover of
supplements. Locate the first appearance of your authority in Shepard’s. Check your
citation in all supplements and advance sheets. Interpret or analyze your findings.
Erica Stiening
LEGS 102
M05 Assignment - Citators Paper
Review the tables of abbreviations in the front of books, if necessary. If Shepardizing
case law, repeat this process with all parallel cites.
Shepard’s Citators on Lexis Advance: Online is easier to use and has many advantages over
print, such as Information being current, so there is no need to check supplements or updates.
Information provided under all parallel citations is the same, so a case must be checked only
once. Negative information, such as overruling, is highlighted at the beginning. Citing
information can be displayed selectively (i.e., only negative treatment). Treatment of the case
is explained in normal terminology rather than abbreviations. Hyperlinks to citing authorities
are provided. Shepard’s can be accessed by hyperlink from the Lexis Advance online version
of the case. Online is the preferred method of shepardizing. On Lexis Advance, Shepard’s
can be accessed in different ways; on a search bar at the top of the home screen, users can go
directly to Shepard’s with a citation, any case, or code section. A Shepard’s signal advising or
warning the researcher of the Shepard results appears near the top of the screen. “A red stop
sign with a case means that at least one point of law in the case is no longer good law. Often,
it means that the case was overruled. A yellow caution sign means the case has received
negative treatment from another case. A red stop sign near a code section means that, at some
time, the section was either repealed or found unconstitutional. This does not always mean
the law is no longer valid, as the law may have been amended to correct the problem”
(Hames). Works
Cited
:
Hames, Joanne, B. and Yvonne Ekern. Legal Research, Analysis, and Writing. Available from:
Yuzu Reader, (6th Edition). Pearson Education (US), 2017.
https://ivylearn.ivytech.edu/courses/1241839/pages/m05-learning-activities?
module_item_id=46352974
(M05 Learning Activities)
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