If you wish to view the negative history associated with a case, you can click on the KeyCite flag/icon or the “Negative History” tab. The Negative Treatment tab provides the negative history for a case, which includes all negative direct history and negative citing references.
Full Answer
What cases are searched when you use KeyCite?
KeyCite provides easy to understand visual indications at the very top of a document that let practitioners see at a glance the status of a case, statute, regulation, administrative decision, patent trademark or secondary source.
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 Westlaw's KeyCite feature do?
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.
What is depth of treatment in law?
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).
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.
How do I access KeyCite on Westlaw?
Figure 1: The tabbed Westlaw page Page 9 Accessing KeyCite 4 Using KeyCite in westlaw.com Figure 2: The KeyCite page To view coverage information for KeyCite, click the Scope icon next to KeyCite . To access KeyCite information, type a citation in the Enter citation text box and click GO.
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.
What is Keycite alert?
KeyCite Alert is a service that automatically monitors the status of cases, statutes, federal regulations and federal administrative regulations and sends updates to you when there has been a change that might affect the validity of these documents.
What does the H mean in Westlaw?
A yellow flag warns that the decision has some negative history or treatment, but has not been reversed or overruled. It is also displayed if a treatment has been recently added, and has not yet been editorially analysed. A blue H indicates that the decision has some direct history but it is not known to be negative.
What is depth of treatment?
Depth psychotherapy describes a range of approaches to therapy that take the unconscious into account, rather than one specific modality.
What is a case citator?
A case citator is a legal research tool which allows you to: find cases. track a case's history and it's treatment by subsequent courts. provide links to relevant cases, legislation and secondary sources.
What does negative treatment mean?
Not every case will have one, but if it does, it means the case has some negative treatment — such as being overruled, superseded, or not followed by another court for some reason. A red flag warns that the case is no longer good law for at least one of the points of law it contains.
KeyCite Overruling Risk: an overview
If you don’t see one of the flags listed above, that doesn’t necessarily mean you have nothing to worry about. In fact, there is a chance that the case was implicitly overruled, even if it wasn’t explicitly overruled.
Instantly see the most negative treatment
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.
Investigating negative KeyCite history
If you wish to view the negative history associated with a case, you can click on the KeyCite flag/icon or the “Negative History” tab.
View the history of the 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.
What is keycite system?
KeyCite employs a unique system of visual indicators to alert the user that a case has some type of direct or indirect history that should be investigated or that the case has been cited by others.
How to search for a keycite?
At the top of any page, click KeyCite in the grey toolbar to display the KeyCite screen . Type a citation in the Enter citation prompt box and click Go, or click on KeyCite by Title, enter the party name(s) and jurisdiction in which you wish to search, and click Go.
How to view keycite history?
To view the KeyCite history across the full width of the screen, click the full-page view icon on the KC History tab. To return to split-page view, click the split-page view icon on the right side of the document header. Browsing Documents in KeyCite Results.
How to view Keycite?
You can view KeyCite information in split-page or full-page view. Split-page view presents KeyCite information in the left frame alongside the full-text (if available) of the document you are viewing in the right frame. Full-page view presents KeyCite information across the full width of the page , enhancing its online readability.
What is the editorial process used for Keycite?
The editorial process used for KeyCite is rigorous and thorough. Thomson Legal & Regulatory legal editors analyse the direct and indirect history of a case. As a negative treatment is discovered, yellow or red status flags are assigned to the decisions. A sophisticated computer program then augments the editorial process by scanning cases for citations.
Where are results presented in KeyCite?
Unique graphical elements such as status flags enable you to quickly identify and evaluate information in KeyCite. Results are presented in the left pane with the document you are viewing in the right pane for easy navigation.
What is a key citation network?
The KeyCite citation network is integrated with the Key Number system to verify whether a case is good law, determine the depth of treatment from subsequent cases and legislation, and provides citing references to support your legal argument.
What is a cited case?
Cited – the citing case, administrative decision, or brief contains some discussion of the cited case, usually less than a paragraph. Mentioned – the citing case, administrative decision, or brief contains a brief reference to the cited case , usually in a string citation.
What are keycite signals?
KeyCite Signals (Analysis): Each document is assigned a signal to make it easy to identify a document’s status. These signals appear in the top left of the document, next to the case citation or the statute citation. The signals are defined as follows: The document is no longer good for at least one point of law.
How to validate a primary source?
You must update (or validate) primary sources: For a case, look at the negative citing references that are binding in your jurisdiction to make sure that the point of law you want to use is still good law. For a statute, look at any legislation that may have impacted the statute section you wish to use AND look ...
