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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.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 does negative treatment mean on a case report?
Aug 04, 2019 · 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 …
How do I find negative references in Westlaw?
Oct 15, 2021 · Negative Treatment: Westlaw also offers a "Negative Treatment" tab containing negative direct history and negative citing references. Clicking on the status flag next to the case name will also bring you to this Negative Treatment …
How do I use the negative treatment tab?
Sep 10, 2021 · Negative Treatment: Westlaw also offers a "Negative Treatment" tab containing negative direct history and negative citing references. Clicking on the status flag next to the case name will also bring you to this Negative Treatment report. West Key Number System
How do I know if a statute has strong negative treatment?
Feb 18, 2022 · 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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.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 does it mean when a case has negative treatment?
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 A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.Feb 18, 2022
What does depth of treatment mean on Westlaw?
The depth of treatment bars in the Depth column indicate the extent to which the citing case discusses the cited case, and the headnote numbers in the Headnote(s) column indicate which headnotes in the cited case contain the points of law discussed by the citing cases.
What does a blue flag mean on Westlaw?
WESTLAW® QUICK REFERENCE GUIDE A blue H indicates that the case or administrative decision has some history. A green C indicates that the case or administrative decision has citing references but no direct history or negative citing references or that the statute or regulation has citing references.
What do the green bars mean in Westlaw?
Green flags mean the case has received positive treatment from other cases and is good law. Yellow flags mean the case has received some negative treatment from other cases. Part of the case maybe overruled.Jul 31, 2019
What does C mean in Westlaw?
A blue H indicates that the decision has some direct history but it is not known to be negative. A green C indicates that the decision has no direct history, but there are treating cases or other citing references to the decision.
How do you read a case on Westlaw?
0:006:11Reading a Case on WestlawNext - YouTubeYouTubeStart of suggested clipEnd of suggested clipRecord for that particular case. So if we look at this really quickly you'll notice that theMoreRecord for that particular case. So if we look at this really quickly you'll notice that the citation is at the very top it also indicates what court heard this case and you have your plaintiff.
What does Currentness mean in Westlaw?
Currentness Information A current-through line tells you how current the document is. For California Code of Regulations, the current-through line will appear at the end of the document.
How do you Shepardize a case on Westlaw?
"Shepardize" a Case: Westlaw KeyCiteFind a case; go to the full text of case.Top of screen should have a brief note that states if the case is overruled, superseded, etc.KeyCite information is under the tabs Negative Treatment, History, and Citing References.Click tab for Negative Treatment to see if still good law.More items...•Oct 21, 2020
What is a key number in Westlaw?
Westlaw assigns a topic and key number to each legal issue within a case. The West Key Number System allows you to efficiently find other cases addressing your legal issue in any jurisdiction because all federal and state cases included in the system are organized using the same topics and by the same points of law.Oct 15, 2021
What is Westlaw used for?
Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries.
What are notes of decisions on Westlaw?
Notes of/to Decisions are like a highlights reel of cases applying or interpreting the statute; they are example cases selected by the editors of Westlaw or Lexis that address certain topics.Oct 15, 2021
How to determine if a case is still good law?
To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case by using citators (Shepardizing on Lexis or KeyCiting on Westlaw).
Does Westlaw have a negative treatment tab?
Westlaw also offers a "Negative Treatment" tab contain ing negative direct history and negative citing references. Clicking on the status flag next to the case name will also bring you to this Negative Treatment report.
What Are Notes of Decisions?
If the issue you are researching involves a statute, regulation, or court rule, an efficient strategy for finding relevant cases involves checking the Notes of Decisions (Westlaw) for that statute, regulation, or court rule.
What are Citing References?
In the annotated version of a statute, regulation, or court rule, Citing References (Westlaw) contain all cases that cite to that statute, regulation, or court rule. If you have identified a relevant case, you should also check Citing References to see what subsequent cases have been cited to that case.
What are Head Notes?
Headnotes are summaries of a point of law that appear at the beginning of a case. Headnotes are written by editors at Westlaw and Lexis (sometimes the language is verbatim from the text of the opinion).
What is a Table of Authority?
Whereas Citing References identify all cases that cite to a particular case (looking forward in time at the subsequent cases), the Table of Authorities identifies all of the cases relied upon and cited by a particular case (looking backward in time).
Is the Case Still Good Law?
To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case by using citators (KeyCiting on Westlaw).
West Key Number System
The West Key Number System is a classification system of U.S. law that indexes cases into over 400 topics and more than 98,000 legal issues. Westlaw assigns a topic and key number to each legal issue within a case.
When the citator reveals negative authority for your statute, must you read the material?
When the citator reveals negative authority for your statute, you must READ THE MATERIALS to determine the extent on which you can rely on the statute. When cases declare statutes invalid, frequently only a portion of the statute is at issue, with the remaining portions remaining valid and controlling.
What is a keycite in Westlaw?
Citators: Shepard's & KeyCite. KeyCite® is the citator in Westlaw. KeyCite, quite literally, flags statutes that are not good law. 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.
What is the history tab in Westlaw?
When you are in a statute in Westlaw, there are tabs that appear immediately toward the top of the document that give you information about the statute. One of these tab is "History.". When you click on the History tab, select the catagory "Validity" to see materials that may effect the validity of your statute.
Do negative treatment cases compromise the validity of a statute?
Similarly, the other negative treatment cases do not compromise the validity of the statute under most circumstances. If you were to review the proposed legislation section of the report, you would see that there has not been much legislative activity on any of the pending bills.
What does "good law" mean?
“Good law” means that the cases have not been reversed on appeal, overruled, superseded, or criticized by later cases.
What happens if an appeals court reverses a lower court decision?
If an appeals court reverses the judgment of the lower court, it may “remand” (send back) a case to the trial court for further action. Please note that you will probably not see a revised opinion published by the lower court. You can assume that the change was made by the lower court.
Do you need to cite a case that criticized the case you are briefing?
The citing opinion disagrees with the reasoning/result of the case you are Shepardizing, although the citing court may not have the authority to materially affect its precedential value. You will need to give the citation of the case that criticized the case you are briefing.
