Shepard's

Definition

Shepard's is a legal research tool that provides citation analysis, helping users verify the status and authority of legal cases, statutes, and other legal documents. By using Shepard's, researchers can quickly determine if a case has been overturned, affirmed, or cited in subsequent decisions, which is crucial for ensuring that legal arguments are based on valid and current authority.

5 Must Know Facts For Your Next Test

1. Shepard's allows users to access a visual representation called a 'Shepard's Signal' which indicates the treatment of a case with color coding: red means overruled or negatively treated, yellow means caution, and green means followed or good law.
2. Using Shepard's is critical in legal research because relying on outdated or overturned cases can undermine an attorney's argument and lead to significant legal errors.
3. Shepard's not only covers cases but also includes statutes and administrative codes, making it a comprehensive tool for validating various types of legal authority.
4. Researchers can find Shepard's reports in both print and online formats, including platforms like LexisNexis, enhancing accessibility to citation analysis.
5. The effectiveness of Shepard's relies heavily on regular updates to its database to reflect the most current judicial rulings and legislative changes.

Review Questions

• How does Shepard's improve the reliability of legal research when using treatises or encyclopedias?
  • Shepard's enhances the reliability of legal research by allowing users to verify the current status of cases cited within treatises or encyclopedias. By checking the citations through Shepard's, researchers can ensure that the cases are still valid and have not been overturned or negatively treated by subsequent rulings. This process helps to prevent reliance on outdated legal precedents, thereby bolstering the quality and accuracy of legal arguments.
• Discuss the significance of using Shepard's in tax law research and how it impacts case analysis.
  • In tax law research, Shepard's plays a significant role by providing essential information about how tax-related cases have been treated over time. Tax laws are often subject to changes through new legislation and judicial interpretation, so using Shepard's helps researchers identify relevant precedents and understand their current standing. This allows tax practitioners to effectively navigate complex regulations and support their positions with authoritative sources.
• Evaluate the impact of technology on the effectiveness of Shepard's as a legal research tool in modern practice.
  • The impact of technology on Shepard's has been profound, enhancing its effectiveness as a legal research tool in modern practice. With advancements in online databases and real-time updates, Shepard's now offers quick access to citation analysis that was once only available in print. This immediate availability allows attorneys and researchers to efficiently confirm the validity of legal authorities as they prepare their cases. Moreover, the integration of AI and analytics into these platforms provides deeper insights into case law trends, making Shepard's an indispensable resource for informed legal decision-making.

Related terms

Citations: References to legal documents, such as cases or statutes, which indicate where a particular legal rule or principle can be found.

Legal Precedent: A legal decision or case that serves as an example or rule for future cases; precedents are essential for the doctrine of stare decisis.

Research Databases: Online collections of legal resources that include case law, statutes, regulations, and secondary sources, used for conducting legal research.