Westlaw KeyCite Case Treatment Symbols The following terms are used to indicate what sort of judicial treatment a case has received from subsequent citing cases: Followed - Principle of law in cited case adopted or decider's reasoning applied.
Full Answer
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 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.
When using the KeyCite feature in Westlaw Which of the following symbols indicates that the case is no longer good law for at least one of the points of law it contains?
A red flagA red flag warns that the case is no longer good law for at least one of the points of law it contains.
What is the significance of this symbol KeyCite yellow flag negative treatment in an opinion?
A yellow flag in Negative Citing References warns that the court recognizes that a court in another case has held that the cited patent has not been infringed.
What is the difference between KeyCite and shepherds?
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.
Why should you Shepardize or KeyCite a relevant case?
A Shepard's or KeyCite report can also be used for research purposes. The results list from either service will provide you with many other cases to look at in support of the issue at hand. If you are doing statutory research, KeyCite and Shepard's reports will also identify new or pending legislation.
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.
How do you get to KeyCite?
There are several ways to access information in KeyCite. 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).
Can you cite a case with negative treatment?
The only way to determine the extent to which you can rely upon a case with negative treatment is to carefully READ THE CASES that treat your case negatively. For more information on using Shepard's, see the Lexis Help page "Using the Shepard's® Citation Service." BCite is the citator in Bloomberg.
Can you KeyCite CFR?
Find CFR references under the context and analysis tab when viewing a specific section. You can also use KeyCite by choosing the Citing References tab and limiting to regulations.
What service do you use to determine if a case has been overturned?
Determining whether your case is still good law requires reviewing the citator report to see if your case was reversed, overruled, or superseded. It is also possible that your case could be so roundly criticized or so thoroughly distinguished by other cases that you may not want to rely on it.
Can you KeyCite CFR?
Find CFR references under the context and analysis tab when viewing a specific section. You can also use KeyCite by choosing the Citing References tab and limiting to regulations.
How do you Shepardize a case?
An easy way to Shepardize a case is:First, find the case you are interested in; go to the full text of case.Click on link in right-hand column: Shepardize this document.The automatic view is for all Citing Decisions.In the left-hand column under Narrow By, look at the categories under Analysis.More items...•
What is the difference between a key number and a headnote?
Headnotes and Key Numbers are editorial enhancements that you can use to find additional cases addressing similar issues. Headnote: A brief summary of a legal rule or significant facts in a case. Key Number: It is an indexing system devised for American case law, developed by West (now Thomson Reuters).