Treatment FAQ

on westlaw edge, access 2005 wl 2074884. what is the keycite treatment symbol?

by Ms. Carolyn Cole DVM Published 2 years ago Updated 2 years ago

What is KeyCite on Westlaw?

KeyCite is the powerful citation research service available exclusively on Westlaw. You can use KeyCite to view the history of a case, statute, administrative decision, or regulation to help determine whether it is good law and to retrieve citing references.

What does the KeyCite symbol indicate?

KEYCITE STATUS FLAGS An Overruling Risk warning indicates a case or administrative decision may no longer be good for at least one point of law based on its reliance on an overruled or otherwise invalid prior decision.

How do you KeyCite search on Westlaw?

From the Tabbed Westlaw Page—At the tabbed Westlaw page (Figure 2-1), type a citation in the KeyCite this citation text box and click Go. From Any Page—At the top of any page, click KeyCite to display the KeyCite page (Figure 2-2). Then type a citation in the KeyCite this citation text box and click Go.

What do the colored flags mean in Westlaw?

When you pull up a statute in Westlaw, if you see a red or yellow flag, that means that there is negative treatment for that statute. A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part. A yellow flag indicates other negative treatment.

What is KeyCite and shepherds?

A Shepard's or KeyCite case law report will provide references to two types of case law citations: History citations are cases that are directly linked to the case being Shepardized or KeyCited, e.g., a prior or subsequent decision.

What is Shepard's or KeyCite?

Shepard's includes extensive analysis for cases, statutes, regulations, patents and other primary law sources. No “followed” in KeyCite. “Positive” in KeyCite means no negative treatment. With Shepard's, you'll know at a glance if your authority has been weakened or strengthened.

What does it mean to Shepardize?

To Shepardize a citation is to ascertain the subsequent treatment of a legal decision, thus putting its precedential value in a complete context. The term originates from the common historical use of Shepard's Citation Service to track the treatment of specific decisions.

How do you find annotations on Westlaw?

Accessing the Notes of DecisionsClick the “Notes of Decisions” tab.Scroll through the document and click “View all” Notes of Decisions below the statutory text.

What does the Green C on Westlaw mean?

A green C indicates that the decision has no direct history, but there are treating cases or other citing references to the decision.

What is depth of treatment in Westlaw?

Depth: This column indicates the extent to which the subsequent cases have treated the cited case: examined (4 bars), discussed (3 bars), cited (2 bars), and mentioned (1 bar).

Why is it important to use Keycite in Westlaw Edge?

This tip explains how you can use KeyCite in Westlaw Edge to check caselaw citations so you can proceed with confidence that your authorities are good law.

What is the negative treatment tab in Westlaw?

The Negative Treatment tab provides the negative history for a case, which includes all negative direct history and negative citing references. Westlaw Edge will mark the document with the most negative treatment so you can quickly spot the most relevant information. To identify the “most negative” document, KeyCite editors consider the nature of the treatment, court level, jurisdiction, date, and other factors.

Where is the negative treatment icon on a case?

Whether case has a red flag, a yellow flag, or it has been implicitly undermined in some way, the most negative treatment will be displayed next to the flag or KeyCite Overruling Risk icon at the top of the document. Most negative treatment typically consists of a phrase such as “Overruled by,” “Abrogated by,” “Distinguished by,” or “Judgment Vacated by,” and it includes a link to the underlying document, if available.

What does a yellow flag mean in court?

A yellow flag warns that the case has some negative history but has not been reversed or overruled. For example, the reasoning of the decision was criticized or its holding was limited to a specific set of facts.

How to view history of a case?

You can also click the “History tab” to view the direct history of a case and related references. The left column in the History tab includes the cases in the direct history and the related references. The History tab also displays the direct history of the case in a graphical view on the right side of the page. You can restrict the direct history display by choosing an option from the View drop-down list.

What does it mean when a case has a red flag?

A red flag warns that the case is no longer good law for at least one of the points of law it contains .

Does Westlaw Edge have KeyCite?

Well, it can be, which is why Westlaw Edge now has KeyCite Overruling Risk, which cautions you when a point of law has been implicitly overruled. The KeyCite Overruling Risk icon warns that the case may have been implicitly undermined due to its reliance on another case that has been overruled.

What is Westlaw Edge?

Westlaw Edge combines advanced artificial intelligence with 100 years of editorial enhancements to help you find answers faster and build stronger legal arguments. Plus, you can feel more confident that your research is complete with access to the most comprehensive collection of legal information.

What is a quick access citation?

Quickly access Citing References, which show how other authorities have interpreted a document, as well as the depth of the discussion and the topics discussed

What is Keycite Overruling Risk?

Available exclusively on Westlaw, KeyCite Overruling Risk warns you when a point of law has been implicitly undermined based on its reliance on an overruled or otherwise invalid prior decision. Artificial intelligence identifies bad law that has no direction citations pointing to its invalidity so that you can feel more confident in your understanding of the law.

What is the Overruling Risk icon?

KeyCite warnings , including the Overruling Risk icon, will appear throughout your research so you can see at a glance the status of a document. The most negative treatment is displayed next to the flag or Overruling Risk icon, making it simple to determine whether further investigation is needed.

What is the keycite system?

KeyCite: This feature works in conjunction with the West Key Number System to connect documents that discuss the same legal issues. This is most helpful when determining if a case is still good law.

What does a keycite flag mean?

KeyCite Flags alert you to negative references or events that may affect the validity of that document:

What is the table of authority?

The Table of Authorities tab is a list of cases relied upon as authority by the document you are viewing.

What does the treatment column show?

The Treatment column shows how the subsequent cases have treated the *cited case. If the treatment is negative, this column will include a Negative notation.

What is keycite citation?

As described in detail on the next page, KeyCitecovers federal and state cases and statutes; federal regulations and administrative decisions; regulations andadministrative decisions from selected states; patents; and analytical materials, including hundreds of law reviews.This comprehensive coverage ensures that your research is thorough and complete.

How to browse the full text of a keycite?

While viewing KeyCite information, you can browse the full text of referenced documents in the Link Viewer (Figure 7) by clicking the number preceding a referenced document.

How to view keycite history?

Full-page view presents KeyCite information across the full width of the page, enhancing its online readability. For example, in Figure 5 the history of an administrative decision is displayed in split-page view. To view the KeyCite history across the full width of the page (Figure 6), click the Full-Page View icon to the right of the document header in the right frame. To return to split-page view, click the Split-Page Viewicon on the right side of the page above the document header.

How to view a list of cases, administrative materials, secondary sources, and briefs that cite your case?

To view a list of cases, administrative materials, secondary sources, and briefs that cite your case, click CitingReferenceson the Links tab in split-page view or KeyCite Citing Referencesat the bottom of the KeyCite Historypage in full-page view.

What is the purpose of KeyCite Alert?

Then use KeyCite Alert to automatically monitor the status of your cases, statutes, administrative decisions, and regulations and notify you when their KeyCite information changes.

What does keycite tell you?

KeyCite tells you whether the law you are relying on in your legal argument has changed . Case history includesdirect history, which traces your case through the appeals process and includes both prior and subsequent history,as well as negative indirect history. Statute history lists cases affecting the validity of a statute and legislation thathas affected or may affect the statute.

How long does it take to add a case to Keycite?

Direct history of a case is added to KeyCite within one to four hours of receipt of the opinion at West. Citing cases are added to KeyCite as soon as they are added to Westlaw. History of a statute is added to KeyCite as soon as the source documents are added to Westlaw.

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