Table of Contents - LexisNexislexisnexis.com/infopro/training/reference/lexisdotcom/shep.pdfLEXIS ®...

How SHEPARD’S Began . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

SECTION ONE - Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Welcome to the 1999 Edition of HOW TO SHEPARDIZE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Starting Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

What is SHEPARDIZING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

How is SHEPARD’S Used? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

SHEPARDIZING to Find Precedent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

SHEPARDIZING to Check Precedential Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Quick Start for Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

SECTION TWO - Understanding Your Citator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Getting Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

SHEPARD’S Help on lexis.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

SHEPARD’S Help in Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

SHEPARD’S Help on CD-ROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Using SHEPARD’S Editorial Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Letter Editing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Headnote Editing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

SHEPARD’S Signals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

LEXIS® Case Law Signals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

SECTION THREE - Using SHEPARD’S on lexis.comsm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Choosing the Right Citator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Checking Currentness and Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Understanding Your Citator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Research Steps for Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Using the FOCUS™ Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Research Steps for Statutes and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

SECTION FOUR - Using SHEPARD’S in Print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23


Case Names Citators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Research Steps for Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Research Steps for Regulations and Other Legal Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

SECTION FIVE - Using SHEPARD’S on CD-ROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29


SHEPARDIZING Statutes, Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

SHEPARDIZING Underpinnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Extract™ and CiteFinder™ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Table of Contents

HOW TO SHEPARDIZE2

Today, as 1999 rapidly approaches 2000, it’s hard to imagine legal research without an organized system ofcitations. But that’s exactly the need 25-year-old Frank Shepard recognized—and set out to fill—back in 1873.

This quick look into history is important because SHEPARD’S plays such a significant role in the legal worldthat SHEPARDIZING™ became standard legal terminology years ago. The legal industry uses the termSHEPARDIZE to describe the process of locating and validating legal authority by using SHEPARD’S. In manyimportant respects, SHEPARD’S is a vital ingredient in the “glue” that holds our legal system together.

As a publisher’s representative who called on Chicago law offices, Frank Shepard learned the basic principles oflegal research. Thus he understood that U.S. courts were increasingly applying the doctrine of stare decisis.Judges were looking to American law for decided cases that were factually and legally similar to thecases before them.

As the volume of caselaw grew, lawyers struggled to keep track of precedent. While reading new cases, attor-neys looked for significant references to earlier decisions, then they located the previously published volumes andmade handwritten marginal notations of the subsequent references. Frank Shepard developed an ingenious

How SHEPARD’S Began

system to change all that. He began with decisions of the Illinois SupremeCourt, meticulously reading all of the cases and printing gummed paperslips that contained complete lists of citations to later decisions referencingan earlier case. The slips were designed to be pasted into the margins of thebound reporters containing the cited precedent.

Almost from the start, Shepard included editorial analysis in his product,hiring lawyers to read and analyze each new decision for its impact on theprecedent cited. He also added superscript numbers identifying the headnoteor syllabus number to the point of law for which the case was being cited.

In 1891, Shepard introduced his National System of Adhesive Annota-tions, and before long, the company he founded was producingSHEPARD’S citators in book form. Although SHEPARD’Sinformation has been available online since the early 1980s, SHEPARD’Svolumes remain a widely used reference tool in many libraries.

Often described as “indispensable,” SHEPARD’S citators have offered somany practical benefits that the company’s files contain many testimonials,dating from the 1890s to the present day. Earlier this year, for example, aprominent Los Angeles lawyer described her firm’s reliance on SHEPARD’S“not only to ensure the validity of our citations but to yield new researchpossibilities. SHEPARD’S breadth, completeness and currentness make it anindispensable tool.” And a Miami attorney termed SHEPARD’S “thelawyer’s Rosetta Stone. It is the key to the undiscovered case-in-point thatmakes the difference between victory and defeat.”

Like the black basalt tablet that provided valuable clues to deciphering

ancient Egyptian writings, SHEPARD’S opens a legal research universe. Once you’ve found the citation to asingle on-point case, SHEPARD’S will lead you to the cases, annotations and even law-review articles that havecited your case. SHEPARD’S is also the time-tested way to check the precedential value of your authorities.

1893 cover of Frank Shepard’s“Adhesive Annotations” forWashington Decisions and fourof Shepard’s original “stickers”on the decision reported at 36N.Y. 79. The top line of eachsticker showed the cited case’svolume and page number.The entries below each top lineare volume and page numbersfor citing references, endingwith 151 N.Y. 489.

HOW TO SHEPARDIZE 3

Welcome to the 1999 Edition ofHOW TO SHEPARDIZE

Because the law is dynamic, lawyers need to keeptrack of authority. As a legal researcher, you will needto determine whether the case you want to rely on isstill good law. You will also need to find additionalauthority to support your legal arguments. You willneed to locate cases interpreting and applying statutesand regulations. Above all, you will need to knowhow to organize and prioritize your legal research, soyou can achieve reliable and current results quicklyand easily.

SHEPARD’S is one of the basic legal research toolsyou will use to perform these tasks. For more than125 years, SHEPARD’S has published SHEPARD’SCitations, a system of indexes or compilations thatlists every instance in which a legal authority hasbeen cited. SHEPARD’S coverage includes cases,statutes, regulations and other important sources oflaw. In addition to its traditional print format,SHEPARD’S today is widely available in electronicmedia, including lexis.com, the Internet researchservice most law students use.

This booklet will help you learn SHEPARD’S in allmedia, with special emphasis on the recently releasedSHEPARD’S Citations Service on the lexis.comresearch service, which takes citations research tonew levels of reliability, speed and ease of use. Thebooklet is designed to be used in conjunction withInternet tutorial materials, which will be referencedthroughout. We suggest you bookmark these tutorialURLs for easy access as you continue your studies.

We’ve organized HOW TO SHEPARDIZE to helpyou learn both the “why” and “how” of citationslegal research. Sections One and Two deal more withtheory; the sections covering SHEPARD’S onlexis.com, SHEPARD’S in print, and SHEPARD’S onCD-ROM offer step-by-step instructions for retriev-ing and interpreting the results your researchneeds require.

Starting OutThe 1999 release of SHEPARD’S on the lexis.com

research service represents a dramatic leap forward incitations research. Because it contains so muchinformation and incorporates so many navigational

SECTION ONEIntroduction

3

tools that are not available in other SHEPARD’Sformats, we recommend that you begin yourSHEPARD’S training with SHEPARD’S on lexis.com.

However, your legal-research instructor may preferthat you master SHEPARD’S in print before youlearn SHEPARD’S on lexis.com. That’s the moretraditional—and still viable—pedagogical approachto teaching legal-research tools and techniques.Beginning with print will give you a valuable intro-duction to citations legal research. It will also famil-iarize you with the system that a substantial majorityof practicing lawyers learned—and that a surprisinglylarge number still use today.

In fact, the gold-stamped maroon SHEPARD’Svolumes remain a familiar reference tool in virtuallyevery print law library. And for generations oflawyers, learning to SHEPARDIZE has been one oflaw school’s unforgettable rites of passage.

So don’t dismiss SHEPARD’S as old-fashioned ifyou’re required to start with print. You’ll see cita-tions research in a whole new light when you useSHEPARD’S on the lexis.com research service.

What Is SHEPARDIZING?The citation method of legal research starts from a

simple premise: If a later decision cites your case, itmust be discussing some of the same issues. In ourcommon-law system, written judicial opinions, orcases, are an important source of primary legalauthority. Citation-based legal research, usingSHEPARD’S, is one of the best ways to find decisionsinvolving similar legal or factual issues as the caseyou select as your starting point.

In addition to caselaw, SHEPARD’S covers manyother sources of primary law, including the UnitedStates Code and the statutes of all 50 states. You canalso SHEPARDIZE regulations, including the Codeof Federal Regulations (CFR), and constitutionalprovisions. And you can SHEPARDIZE other kindsof legal materials: annotations, law-review articles,even individual patents. No other citations serviceoffers this full spectrum of primary and secondarycoverage.

You may have already guessed that learning toSHEPARDIZE requires you to know somethingabout legal citation. This booklet assumes that youhave some basic familiarity with legal-citation forms.

If you need more background, consult any basiclegal- or paralegal-research text. The Bluebook: AUniform System of Citation is the quintessentialhandbook to correct citation forms for a broad rangeof U.S. and foreign legal materials.

SHEPARD’S brings to your legal research a com-prehensive database of citations dating back to thebeginnings of our U.S. legal system. SHEPARD’S alsogives you access to decisions handed down yesterday.

Today SHEPARD’S receives the vast majority of itssource material electronically. Taking advantage ofthe industry-leading currentness of the LEXIS®

service’s caselaw, SHEPARD’S typically has analyzedcitations available to legal researchers within 24-48hours of receipt. And with SHEPARD’S CitationsService on lexis.com research service, you’ll getcomplete citing references as soon as they’re availableon the LEXIS service. No other citations serviceis more current.

SHEPARD’S legal editors read and analyze thesedecisions as they become available to determine theprecedential impact of each new opinion on the legalauthority it cites. SHEPARD’S editorial experts alsoverify the correctness of each citation and identify thepoint of law for which an earlier decision is beingcited. SHEPARD’S editorial analysis is by far themost detailed and comprehensive in the entirecitations industry.

How Is SHEPARD’S Used?SHEPARD’S Citations will be vital to your legal

research in two important, and fundamentallydifferent, ways:

1. SHEPARDIZE to find precedent.SHEPARDIZING a citation can expand and

improve your research by leading you to new legalauthorities that discuss the legal issues of interest toyou. You can use SHEPARD’S early in your researchprocess—as soon as you’ve found an on-point case orstatute—to find other relevant authorities.

2. SHEPARDIZE to check precedential value.

In our ever-changing social and political climate, acourt can criticize, limit, reverse or even overrule anearlier decision. A new statute or regulation can alsoimpact the continuing validity of a legal authority.And a court can declare a statute or regulation

unconstitutional. SHEPARD’S provides all of thisimportant information through the process com-monly known as cite-checking.

SHEPARDIZING toFind Precedent

Many legal research assignments—building anargument to make in court, preparing a memoran-dum for the partner in charge of a case, doing thelegwork for a law-review comment—involve mar-shalling authorities to support a legal proposition.Knowledgeable researchers use SHEPARD’S toretrieve the relevant information they need as theyformulate, refine, polish, double-check and ultimatelycomplete legal-research projects.

With SHEPARD’S, you’ll get a comprehensivelisting of authorities that have cited your case. Yourlist of citing references will include cases organized byjurisdiction and court. Your results will also includesecondary sources, such as annotations and law-review articles.

SHEPARD’S Skill Builder: When you’re researching an area of law with establishedlines of case authority, you’ll probably want to start with citingreferences to caselaw from your own jurisdiction. Whenyou’re dealing with an area that is new, complex or controver-sial, the most useful starting point may be a law-reviewarticle addressing your issue. In SHEPARD’S CitationsService on lexis.com, use the titles of law-review articles inthe citing-reference list to find the analysis you’re looking for.

You can also use SHEPARD’S citators to retrievecases and other authorities that have cited a statuteor regulation. And only SHEPARD’S will let youhome in on the subdivision or subparagraph thatapplies to your issue. Unlike a general subject-mattersearch, which can turn up many marginal cases thatare only vaguely related to your legal issue,SHEPARDIZING a statutory or regulatory provisionwill locate all authorities—and only thoseauthorities—that have cited your provision.

SHEPARD’S has exclusive citations coverage ofconstitutional provisions, court rules, law-reviewarticles and other sources, including individualpatents.

HOW TO SHEPARDIZE4

Especially when you SHEPARDIZE a leading caseor statute, the lists of citing references can be verylong. (For example, there are more than 40,000citations to the First Amendment of the United StatesConstitution.) Fortunately, the electronic versions ofSHEPARD’S, including SHEPARD’S on lexis.com,offer many navigational tools for zeroing in on thecitations that will be most useful to your needs.

SHEPARD’S editorial analysis will also help youorganize and prioritize your research. Precedentstrengthens or weakens over time. Precedent isextended to apply in related situations—or limited toprecise circumstances. You can use SHEPARD’Sextensive editorial analysis to assess the status ofyour authority effectively and to select the citingreferences that may prove most relevant to you.See the discussion of editorial analysis inSection Two.

SHEPARDIZING toCheck Precedential Value

Cite-checking answers important legal researchquestions: Is an authority still good law? Has a casebeen reversed or overruled? Has a statute beendeclared invalid or unconstitutional?

Before you rely on a legal authority to support anargument, you must be absolutely sure of its currentprecedential value. Generations of lawyers haveSHEPARDIZED their citations for this importantpurpose.

Underlying our common law system is the principleof stare decisis, meaning “to abide by or adhere todecided cases.” Courts are required to respectprinciples of law from earlier cases, which becomerules of guidance in future, similar cases. Stare decisisensures that courts consistently and coherently applyprecedent when they make their decisions.

But stare decisis is not an inviolable concept. Associety changes, a court may find reason to distin-guish, criticize, limit or even overrule an earlier case,thereby damaging or destroying its precedentialvalue. An existing case may also be called intoquestion by the enactment of a new statute orregulation. Moreover, the judicial branch is respon-sible for interpreting statutory law and resolvingdisputes that are governed by statute. So a court canconclude that a statute is unconstitutional or that aregulation is invalid because it conflicts withanother provision.

Lawyers have a professional responsibility to knowthe precedential value of a legal authority beforethey rely on it in the course of representing a client.SHEPARDIZING has long been the most comprehen-sive, reliable and accurate way to cite-check acitation.

SHEPARD’S Skill Builder: SHEPARD’S can help you cite-check your authorities atevery stage of your research. When you first locate a case, aquick foray into SHEPARD’S can save you from wasting timeon an authority that has lost its value as precedent. When youreceive an opponent’s brief, SHEPARD’S can help you spotweaknesses that might otherwise go unnoticed. Before youfile a pleading or make an argument in court, SHEPARD’Swill help ensure that you have fulfilled your legal-researchresponsibilities—saving you from potential embarrassmentand even sanction.

HOW TO SHEPARDIZE 5

HOW TO SHEPARDIZE6

Determine which CD-ROM citatorincludes your cited reference.

Select theRight Citator

SHEPARD’S on lexis.comautomatically merges all citingreferences to the citationyou enter.

Determine which print citatorincludes your cited reference.

lexis.com CD-ROM PRINT

CheckCurrentness &Coverage

SHEPARD’S Citations Service onlexis.com is automaticallyupdated. You always get currentand complete information.

UnderstandYour Citator

Use on-screen help andother literature.

Check the label on your disc toensure it’s the latest disc.

Study your manual andon-screen help.

Check What Your Library ShouldContain on the latestsupplement’s cover and collectall of the volumes andsupplements listed.

Study the table of contents andpreface.

FindYour Citation

A. Establish Internet connection(www.lexis.com orwww.lexis.com/lawschool).

B. Click LOG IN (RESEARCH forlaw students).

C. Click CHECK A CITATION.

D. Type your citation.Click CHECK.

E. Review your results screen.

F. Use custom restrictions andFOCUS to tailor your results.

G. Review results.

A. Start the SHEPARD’S programand, if necessary, open theappropriate database.

B. Type your citation andpress ENTER.

C. Review the list of citingreferences that have citedyour case.

D. SHEPARDIZE all parallelcitations to ensurecomplete coverage.

A. DIVISIONS are listed in thetable of contents. Find thedivision that includes yourcitation’s reporter.

B. VOLUME numbers are shownacross the tops of pages andwithin boxes in the columnbelow.

C. PAGE numbers are shown inbold print between dashes,e.g., -111-.

D. CITING REFERENCES arelisted beneath the initialpage number.

E. REPEAT steps A-D for each ofthe books listed in What YourLibrary Should Contain.

F. SHEPARDIZE all parallelcitations to ensurecomplete coverage.

InterpretYour Results

Use SHEPARD’S editorial analysisto prioritize your research.

Use SHEPARD’S Daily Update™

for the latest information.


Update Use Daily Update for the latestinformation.

Quick Start for Cases

SHEPARD’S on lexis.com isupdated constantly.


HOW TO SHEPARDIZE 7SECTION TWOUnderstanding Your Citator

7

Getting HelpWhether you’re SHEPARDIZING in print or in an

electronic format, you always have access to assis-tance that will help you make the most of the me-dium you are using. Especially when you’re learninghow SHEPARD’S works, we strongly recommendthat you take a few minutes to acquaint yourself withthe help tools that are available.

1. Save this booklet.Use it as a roadmap that will help you reach your

research destination. The subsequent sections coverthe basics of using SHEPARD’S in each medium—lexis.com, print and CD-ROM.

2. Study the help materials available in each SHEPARD’S format.

Keep reading for some specific suggestions onlocating the most useful information.

3. Ask questions!In most libraries, and especially in law schools, the

reference librarians are experts who can help yousolve the puzzling mysteries of legal research. Inaddition, your LEXIS Publishing representative hasspecial expertise with SHEPARD’S on lexis.com andon the LEXIS-NEXIS services and has access toadditional literature.

4. Call for additional help.SHEPARD’S Colorado headquarters has an Edito-

rial Help Desk, staffed weekdays from 6 a.m. to 6p.m. Mountain Time (8 a.m. to 8 p.m. ET).Call 1-800-899-6000 option 5. Or call LEXISPublishing Customer service around the clock at1-800-543-6862. Law students should call1-800-45LEXIS.

SHEPARD’S Help on lexis.comYou can access information about SHEPARD’S

Citations Service on lexis.com from a number ofdifferent sources:

1. Use lexis.com on-screen help.The on-screen help in lexis.com should be your first

choice for additional information. For example, inthe “Search Tips” that appear below your CHECK A

CITATION box, the PRODUCT GUIDE will takeyou to lists of SHEPARD’S abbreviations andanalysis definitions.

2. Request more literature.SHEPARD’S and LEXIS Publishing have prepared

at-a-glance cards and other literature describing theSHEPARD’S Citations Service on lexis.com.

In law schools, see your LEXIS Publishing represen-tative or look for materials in the computer lab wherethe lexis.com and the LEXIS-NEXIS servicesare available.

SHEPARD’S Help in PrintIn print, reading the prefatory sections will save you

a lot of time and effort.

1. Study the illustrations.In particular, pay careful attention to the illustrative

citations shown in the volumes for the SHEPARD’Scitator set you are using.

They show the various symbols and notations thatare used in print to reflect SHEPARD’S editorialanalysis.

2. Check tables of abbreviations.Note the tables of abbreviations, which will help

you decipher the condensed citation style thatSHEPARD’S uses to save space in print.

3. Refer to citing sources pages.Each book, including the softbound supplements,

has a citing sources page that lists all of the sourcesof legal authority from which the citing references inthat book have been obtained.

4. Check What Your Library Should Contain.

On the front cover of the most current supplement,What Your Library Should Contain will help youensure that you have collected all the books in whichyour citation must be checked.

If you’re not sure you have the most currentsupplement, http://helpcite.shepards.com has copiesof the most current What Your Library ShouldContain for each SHEPARD’S citator.

HOW TO SHEPARDIZE8

SHEPARD’S Help on CD-ROMAll of SHEPARD’S CD-ROM citators have printed

and on-screen help materials:

1. Use online help.Click on HELP to gain access to: the Index (with

hypertext links to SHEPARD’S specific help topics);Using Help (information about using Windows®);Tutorial (a “movie” that shows you how to useSHEPARD’S on CD-ROM); and About (informationabout the program, including which version youare using).

2. Learn the toolbar.On the toolbar, use the four buttons on the left side

of the second row to get additional editorial informa-tion: CASES (gavel) for details about editorialassignments to cases; STATUTES (statehouse) fordetails about editorial assignments for statutorymaterials; CITED (glasses) for a list of citedreferences you can SHEPARDIZE; and CITING(telescope) for a list of citing references, includingdata-entry abbreviations.

3. Consult the manuals.Each of SHEPARD’S CD-ROM citators includes a

systems manual and a product-specific manual. Findinformation designed to help you operate your CD-ROM citator in the systems manual. Consult theproduct specific manual for details on using thatparticular CD-ROM citator for research.

Using SHEPARD’SEditorial Analysis

For more than a century, SHEPARD’S legal editorshave added editorial analysis to its lists of citations.Understanding how SHEPARD’S editorial analysisworks—and how you can use it to your advantage—will dramatically improve your ability to conductcitations legal research quickly and reliably.

Letter EditingWhen you SHEPARDIZE to check precedential

value, you’re investigating whether your case is stillgood law, or if its authority has been destroyed ordamaged by other decisions. For example, consider adecision from your state’s appellate court. If thatdecision is appealed to the state’s supreme court, the

high court will typically affirm, reverse or modify theappellate court’s decision. SHEPARD’S provides thisinformation on the direct history of your casethrough the time-tested, reliable work of its attorneylegal editors.

A decision’s value as precedent can be destroyed ordiminished in a number of other ways. A higher courtcan overrule your case. Another court at the samelevel can reject or criticize your decision’s reasoning.As society changes, a court may draw hairline-thindistinctions to avoid overruling its own precedent—or to avert applying precedent it finds distasteful.SHEPARD’S legal editors also read and analyzedecisions to give you the full range of negativetreatment of your case.

In addition to negative history and treatment, it’shelpful to know when your case has been strength-ened by subsequent history or treatment. A districtcourt decision that has been affirmed by the court ofappeals will have increased precedential value, as willa lower court decision that has been followed indecisions by other courts. SHEPARD’S alone pro-vides this sort of positive treatment.

At SHEPARD’S, the legal editing process is called“letter editing” because the information is presentedin SHEPARD’S print products through letter-formabbreviations, including “a” for affirmed, “r” forreversed, “f” for followed and “o” for overruled. (InSHEPARD’S Citations Service on lexis.com andSHEPARD’S on CD-ROM, you’ll see words, notabbreviations.) See the inside back cover of thisbooklet for a list of the most commonly used edito-rial analysis codes and their definitions. You’ll alsofind such lists in the front of each SHEPARD’S bookand in the on-screen help available with SHEPARD’SCitations Service on lexis.com and with SHEPARD’Son CD-ROM.

SHEPARD’S legal analysis is applied to statutes andregulations as well as cases, for example, Unconstitu-tional (“U” in print), Constitutional (“C” in print),Void or invalid (“V” in print), and Valid (“Va” inprint).

Headnote EditingThe second part of SHEPARD’S editorial analysis is

headnote editing. If you use headnotes or syllabi inthe cases you are reading to identify points of lawthat are relevant to your research, you can useSHEPARD’S headnote analysis to help locate new

HOW TO SHEPARDIZE 9

decisions that could be useful to you because they citeyour cases for those same points of law.

SHEPARD’S headnote analysis is a painstaking,side-by-side comparison. Headnote editors read andcompare the headnotes or official syllabus in eachcase cited within a newly received decision againstthe text of the new decision itself.

The editors identify the exact point of law forwhich a case is being cited. They use the headnotenumbers from the cited case (the case you areSHEPARDIZING) to identify the points of law forwhich your case is being cited.

Headnote numbers are assigned to citing referencesonly when two criteria are met:

1. The point of law for which a case is cited must be clear.

Judges often cite cases without clearly identifyingthe relevant point of law for which the authority isbeing cited. SHEPARD’S headnote editors will notdraw inferences in these instances.

2. The relevant point of law for which a case is cited must have been captured as a headnote by the headnote or syllabus writer.

For example, it may be clear that the case you areSHEPARDIZING is being cited for its discussion of ajury instruction issue. But if there is not a headnoteon that point of law, SHEPARD’S cannot show aheadnote number for the citation.

SHEPARD’S Skill Builder:Because of the varying ways in which precedent is cited by

the courts, and also because case publishers will frequentlyuse multiple headnotes to describe very similar points of law,you will sometimes need to consider several headnotenumbers from the case you are SHEPARDIZING. You mayalso need to consider citing cases that appear withoutheadnote numbers. Especially when your research involvesboth factual and legal issues, using the FOCUS search inSHEPARD’S on lexis.com (see page 16) may be the mosteffective way to locate on-point precedent.

In print and on CD-ROM, headnote informationwill be displayed automatically for the report of thecase you are SHEPARDIZING. For example, if youSHEPARDIZE 39 L. Ed. 2d 9 in print, your results

will show instances in which points of law referencedin the L. Ed. 2d headnotes have been cited. When youSHEPARDIZE the parallel citation, 94 S. Ct. 806,you results will show the instances where S. Ct.headnotes have been cited.

By contrast, headnote information on the lexis.comresearch service is accessed through the CUSTOMRESTRICTIONS screen. (See the screens belowSHEPARDIZING Sea-Land Services v. Gaudet, 414U.S. 573, 39 L. Ed. 2d 9, 94 S. Ct. 806 (1974).No matter which citation you enter, when you clickon CUSTOM RESTRICTIONS, the display willshow you L. Ed. 2d as well as S. Ct. headnotes forwhich Sea-Land has been cited.)

Select the headnote numbers for particular points oflaw (in our example, headnotes 11 and 14 in L. Ed.2d and headnotes 7 and 11 in S. Ct.), and click onVIEW RESTRICTIONS to restrict your results tothose decisions that have cited Sea-Land for thepoints of law referenced in any of these headnotes.

HOW TO SHEPARDIZE10

SHEPARD’S SignalsSHEPARD’S on lexis.com and on CD-ROM also

offers an at-a-glance indicator of the precedentialstatus of a case. Only SHEPARD’S offers a green“positive” signal to show you that your case has beenstrengthened.

After this helpful “first look,” you’re ready toinvestigate the references in more detail. For example,if a case has been treated negatively on one point oflaw, it will show a red or yellow signal, even thoughother portions of the case may remain good law.

On lexis.com you will see the following signals:

Warning -Negative treatment is indicated,e.g., reversed or overruled

Caution -Possible negative treatment is indicated,e.g., criticized or limited

True positive -Positive treatment is indicated, e.g., followedor affirmed

LEXIS® Case Law SignalsThe LEXIS Case Law Signal provides the power of

the new SHEPARD’S Citations Service to make yourresearch results more productive. The LEXIS CaseLaw Signal is displayed as a graphic on the firstscreen of a case law document:

STOP Consult Citation Services

Caution Consult Citation Services

Citing References with Analysis Available

Citation Information Available

HOW TO SHEPARDIZE 11

SHEPARD’S Citations Service on lexis.com nowintegrates three citator tools: SHEPARD’S Citations;the Auto-Cite® service, which provides subsequentand prior history; and the LEXCITE® feature, whichoffers additional law-review and case (unpublished)references.

Plus, the new FOCUS search in SHEPARD’SCitations Service allows you to pinpoint any con-cept—point of law or fact pattern—within citingreferences.

SHEPARD’S Citations Service greatly simplifiesthese cite-checking steps:

Choosing the Right CitatorSHEPARD’S Citations Service on the lexis.com

research service automatically consolidates all of yourciting references into a single result. You do not needto SHEPARDIZE parallel citations, and each citingreference is in citation-sentence form. This fullyconsolidated SHEPARD’S result is available onlyin SHEPARD’S on lexis.com and in the newSHEPARD’S Citations Service on the LEXIS-NEXISservices.

Checking Currentnessand Coverage

Complete and current results are available in asingle step. With one search, you’ll get a comprehen-sive list of citing references, including the most recentcitations to your case. SHEPARD’S editorial analysisis available automatically within 24-48 hours ofreceipt of the case.

11

Understanding Your CitatorThe lexis.com research service has many on-screen

help features. Take a minute to familiarize yourself.For example, in the “Search Tips” that appear belowthe CHECK A CITATION box, the PRODUCTGUIDE will take you to lists of SHEPARD’S abbre-viations and analysis definitions.

Research Steps for CasesThis case is on point for your issue: McNeil v.

Economics Laboratory, Inc., 800 F.2d 111, 1986 U.S.App. LEXIS 29174, 41 Empl. Prac. Dec. (CCH)P36492, 41 Fair Empl. Prac. Cas. (BNA) 1789 (7thCir. Ill. 1986).

Is it still good law? SHEPARDIZE 800 F. 2d 111 tofind its precedential value.

1. Establish an Internet connection and enter the appropriate URL address.

For legal professionals — www.lexis.comFor law students — www.lexis.com/lawschool

Law school students: lexis.com subscribers:2. Click RESEARCH. 2. Click LOG IN.

Then type your LEXIS-NEXIS ID and password.Click SIGN ON.

3. Click on the CHECK A CITATION tab at the top of the screen.

Select SHEPARD’S.

SECTION THREEUsing SHEPARD’S on lexis.com

Please Note:All screen representations in Section Three were accurate when this bookwent to press. Due to SHEPARD’S continuing efforts to improve, there maybe cosmetic changes to the screens when you gain access to lexis.com;however, functionality remains the same.

HOW TO SHEPARDIZE12

4. Type 800 f2d 111 in the open field.Click in the open circle to choose SHEPARD’S for

Validation (KWIC™) or SHEPARD’S for Research(FULL). Then click CHECK at the bottom rightcorner to start your research. To see all citing refer-ences, choose FULL.

SHEPARD’S Skill Builder:SHEPARD’S for Validation (in the KWIC format) is

the editorial portion of the SHEPARD’S Citations Service thatassists with answering the question, “Is my case still goodlaw.” Find:• All Subsequent Appellate History• Citing references to which the SHEPARD’S editorial staff has assigned analysis, plus recent, additional case law that has not yet been analyzed• All restrictions• The new FOCUS search in SHEPARD’S

SHEPARD’S for Research (in the FULL format)shows you the universe in which your case has been cited.Think of this research format as a finding tool. Find:• All Prior History• All Subsequent Appellate History• Every citing reference—caselaw, law reviews, periodicals, annotated statutes and annotations• All restrictions• The new FOCUS search in SHEPARD’S

800 f2d 111


5. Review your results screens.Here is a close-up view of McNeil citing references

in SHEPARD’S Citations Service:

Choose CUSTOMRESTRICTIONS FORM to

prioritize your search results.

SHEPARD’S Signal providesimmediate notification of

damaging treatment.

Parallel citations areincorporated automatically.

Analyzed citations appear inSHEPARD’S within 24-48

hours of receipt.

SHEPARD’S Skill Builder:When you see a red (Warning) or yellow (Caution) signal,

click on “All Neg” just below the KWIC and FULL tabs to seeall citing references with negative or cautionary treatment ofyour case. Or use the Custom Restrictions Form to selectonly the treatments you wish to see.

For help using SHEPARD’S on lexis.com, call LEXIS Publishing Customer Service at 800-543-6862 (law students call 800-45LEXIS)

HOW TO SHEPARDIZE14

6. Select custom restrictions for analysis, jurisdiction, headnotes and date.

Click on CUSTOM RESTRICTIONS FORM.The Customs Restrictions Form shows only thoseanalyses and jurisdictions available for the citationbeing SHEPARDIZED. Plus find headnote analysisfrom multiple publishers. Only the SHEPARD’SCitations Service offers these features.

Choose your restrictions; click inside the box foreach restriction you wish to select. For this example,

click on the boxes next to Distinguishedand Overruled.

Also choose jurisdictions, headnotes and dates byclicking the appropriate boxes. (For this example,leave these boxes blank.)

When you have indicated all restrictions on theCustom Restrictions Form, click on VIEW RESTRIC-TIONS to process your request. Results of yourrestriction(s) will then display.

(To clear selected restrictions and select otherrestrictions, Click on UNDO at the top of the form.)

No guesswork!See only the analyses,

jurisdictions and headnotesavailable in the citations

to your case.

Select your restrictions,then click on

VIEW RESTRICTIONS.


7. Review your restricted results. Here’s a close-up view of the negative restrictions:

Change your restrictionsby clicking CUSTOM

RESTRICTIONS FORM.To clear your restrictions,click UNRESTRICTED.

Click on a citing reference toview the text.


To see your McNeil results in unrestricted FULLview, click on UNRESTRICTED.

HOW TO SHEPARDIZE16

A FOCUS search in SHEPARD’S on lexis.com willhelp you pinpoint issues and/or fact patterns withinthe full text of your citing references. OnlySHEPARD’S Citations Service offers you thisresearch flexibility.

To achieve the greatest coverage, begin in theSHEPARD’S for Research (FULL) view.

For the McNeil example, let’s say you’re interestedin the concept of front pay in connection withcompensation for future loss.

1. Click on FOCUS Search at the top of the SHEPARD’S screen.

2. Type front pay W/30 future loss in the FOCUS terms box. Click on FOCUS.

Using the FOCUS Search

Click FOCUS tostart your search.

Type in your search words.


View discussions of front payand future loss by clicking

on a reference andscrolling down.

3. View the FOCUS results in SHEPARD’S.To view a citing reference, click on it, then scroll

down to see your search terms highlighted. To returnto your FOCUS results after viewing your front paydiscussions, click RETURN TO SHEPARD’S.

To revise your FOCUSsearch, click REVISE FOCUSand enter new search words.

Click EXIT FOCUS to returnto the point in your research

where you entered yourFOCUS search.


HOW TO SHEPARDIZE18

Research Steps for Statutesand Regulations

The research process is similar for statutes andregulations, e.g., you can SHEPARDIZE to thesection subparagraph level. Therefore, we will focuson statutes.

This statute is on point for your research:21 U.S.C. §848(q)(9).

Is it still good law? How has it been interpreted orconstrued? SHEPARDIZE 21 U.S.C. §848(q)(9) todetermine its precedential value and to see cases,annotations and law-review articles that have citedthis section.

Follow Steps 1-3 from the Research Steps fromCases, i.e., establish an Internet connection, log inyour lexis.com ID and password, and click onCHECK A CITATION.

4. Type 21 usc 848 (q)(9) in the open field.Click in the open circle to choose SHEPARD’S for

Validation (KWIC) or SHEPARD’S for Research(FULL). For this example, select SHEPARD’S forResearch. Click SEARCH to begin your research.

SHEPARD’S Skill Builder:The abbreviations for SHEPARDIZING statutes, regulations

and court rules are often intuitive, e.g., CFR for the Code ofFederal Regulations, FRCP for the Federal Rules of CivilProcedure and MCL for Michigan Compiled Laws. For acomprehensive listing of abbreviations, see the PRODUCTGUIDE in the “Search Tips” that appear below the CHECK ACITATION box.


5. Review your results screen.Here is a close-up view of citing references to

21 U.S.C. §848(q)(9):

Review currentlegislative history.

Find citing references withpage-number precision.

SHEPARD’S takes youdirectly to references to

the subparagraph21 U.S.C. §848(q)(9).

Click to select specificanalyses, jurisdictions

and dates.


HOW TO SHEPARDIZE20

6. Click CUSTOM RESTRICTIONS FORM to select analyses, jurisdictions and dates.

As with cases, the CUSTOM RESTRICTIONSFORM shows only those analyses and jurisdictionsavailable for the statutory citation you areSHEPARDIZING.

Choose your analyses by clicking inside the box foreach analysis you wish to select. For this example,click on the boxes next to Construes and Interprets.Then click VIEW RESTRICTIONS.

In addition to federal andstate cases, you can also view

law-review references.

See what analyses andjurisdictions are available for

your citation immediately.


7. View your restricted results.Here’s a close-up look:

Find the exact page at whichthe court referencessection 848 (q)(9).

Spend your research timereviewing references,

not finding them.


HOW TO SHEPARDIZE22

8. Now read particular citing references.For example, to see Calderon v. U.S. District Court,

107 F.3d 756 at p.761, click the LINK marker forp.761. (Calderon is the second citing reference tosection (q)(9).)

In one step, move directly tothe heart of the matteryou are researching!


23

SECTION FOURUsing SHEPARD’S in Print

Research Steps for CasesThis case is on point for you: McNeil v. Economics

Laboratory, Inc., 800 F.2d 111 (7th Cir. Ill. 1986).

Is it good law? SHEPARDIZE McNeil to find itsprecedential value.

1. Select the right citator.Select the citator that corresponds to the reporter

type. For example, if you are using Federal Reporter,Second Series, then SHEPARDIZE McNeil inShepard’s Federal Citations.

SHEPARD’S Skill Builder:Shepard’s publishes nearly 200 different citators, including:

• Federal citators - like Shepard’s Federal Citations.

• Specialized citators - including Specialized FederalPractice Citators (for specialized practice areas such as labor,bankruptcy and intellectual property); Federal PracticeCitators (for federal legal authorities such as the Code ofFederal Regulations and U.S. Court Rules); General PracticeCitators (including Shepard’s Acts and Cases by PopularName and Shepard’s Citations for Annotations); andSpecialized National Coverage Citators (including Shepard’sCriminal Justice Citations and Shepard’s Uniform Commer-cial Code Citations).

• Jurisdictional citators - i.e., state and regional citators.There are differences. State citators show cited references toits official reporter and references to state statutes, courtrules, constitutions and jury instructions, plus citingreferences from decisions of that state to the U.S. Code, U.S.Constitution and U.S. Court Rules. Regional citators do notinclude statute and other non-case legal authorities as citedreferences. However, regional citators contain additionalcaselaw citing references because they cover decisions fromother states.

2. Check currentness and completeness.Are you using the most current and complete

edition of your citator? A complete set of Shepard’sCitations in print generally includes:

• one or more maroon volumes;• a red paperback cumulative supplement; and• a gold annual or semi-annual supplement and/or a white advance sheet.

To ensure that your research is complete, you needto find the most recent supplement. The cover listsWhat Your Library Should Contain, which is a list ofall the bound volumes and supplements you mustconsult. The illustration on this page shows a typicalSHEPARD’S cumulative supplement cover.

If you are not sure you have the most currentsupplement, check http://helpcite.shepards.com forcopies of the most current What Your Library ShouldContain for each SHEPARD’S citator.

Multi-volume sets of hardbound Shepard’s Cita-tions are divided into volumes covering either casesor statutes as cited references. We’ll focus on casesfor this example.

Book spines in the multi-volume sets show whichreporter volumes are included. When youSHEPARDIZE in a multi-volume set, a quick checkof the spines will allow you to assemble the booksthat you need for your citation. In our example,Federal Reporter, Second Series, is in Shepard’sFederal Citations, Part 1. Also note that there arebound supplements containing more recent decisions.

3. Understand your citator.Review the table of contents and preface, which

explain the citator’s features. Many of the citatorsinclude unique features. Become acquainted withthem.

HOW TO SHEPARDIZE24

4. Find 800 F.2d 111.Look for:

A. The right division.Divisions are listed in the table of contents in the

front of the citator. Look for Federal Reporter,Second Series.

B. Volume number.After turning to the correct division, look for the

reporter’s volume number across the top of the page.Within the columns on the page, volume numbers areshown in easy-to-find boxes.

C. Initial page number, case name and decision date.Once you’ve found the correct volume number, scan

the page numbers shown in bold print betweendashes. In our example, find -111- .

D. Editorial treatment.Note all citing references that have received edito-

rial treatment. You may want to read these referenceslater.

REPEAT STEPS A-D until you have reviewed 800F.2d 111 in each publication listed in What YourLibrary Should Contain. Be methodical; check allsupplements.

REPEAT STEPS 1-4 to SHEPARDIZE all parallelcitations to ensure complete coverage.

Volume number.

Initial page numberof your case.

Your case name anddecision date.

Citing references to your case.

SHEPARD’S editorial analysisis shown by letter-form

abbreviations.

Title of your division, i.e., thelegal source you are

SHEPARDIZING.


6. Update your research!

Use SHEPARD’S Daily Update Service to find outwhat has happened to your case since your lastsupplement arrived. Your Daily Update answerincludes the full range of SHEPARD’S editorialanalysis and is available only 24-48 hours afteropinions are received by SHEPARD’S. Daily Updateis available at 1-800-899-6000.

SHEPARD’S Skill Builder:The first time a case is cited, the case name and date of

decision are shown with its citation. In later supplements,the case name and date do not appear again. Look for thecitation alone.

If your case has a parallel citation, it will appear inparentheses below the case name and date.

Case Names CitatorsKnow the name of a case but not the citation? If

you know the name of just one party and the jurisdic-tion or area of specialization in which a case waslitigated, then you can use Shepard’s Case NamesCitators to find a citation.

Shepard’s Case Names Citators are arrangedalphabetically by party name. Look for eitherplaintiff’s or defendant’s name and find the full casename, the date of the decision and the full citation,including parallel citations.

SHEPARD’S Skill Builder:In some state and regional citators, case-name information

is now part of the main citator set.

Research Steps for StatutesWhen your issue is governed by statutory law, use

SHEPARD’S statute citations to pinpoint relevantcase law, statutes or other legal authorities thatimpact your statutory section.

This statute is on point for your research:21 U.S.C. §848(q)(9).SHEPARDIZE it to determine its precedential value

and to see authorities that have cited this section.

1. Select the right citator.Match the jurisdiction of your statute. For

example, to SHEPARDIZE a state statute, use a statecitator, because only state citators include statestatutes as cited references. In this example, useShepard’s Federal Statutes Citations, 1998-1999Bound Supplement.

5. Interpret your case citation information.This is a close-up view of McNeil’s citing references:

History citations followimmediately after any

parallel citations. Thesereferences tell you theSupreme Court denied

certiorari in McNeil.

Be especially alert fornegative treatment. The “o”tells you that this decisionhas overuled all or part ofMcNeil. It’s probably the

case you’ll want to read first!

Headnote analysis is shownusing superscript numberspreceding the citing case’s

page number.

SHEPARD’S editorialanalysis is shown using

letters to the left of the citingreferences. The “f” tells you

that this decisionfollowed McNeil.

Citations are organized byjurisdiction and court.

For help using SHEPARD’S in print, turn to http://helpcite.shepards.com/tutorial.htm

HOW TO SHEPARDIZE26


See the cover of the most recent supplement andcollect all of the bound volumes and supplementslisted.

3. Understand the citator’s features.Study the table of contents and preface.

Find your title andsection number.

4. Find section 848(q)(9).Look for:

A. The right division.Look up the most recent division of Shepard’s

Federal Statutes Citations in the bound volume’stable of contents.

Then find your sectionand subsection.

The title of your divisionappears at the top

of the page.


B. Section or title number.After turning to the correct division, look for the

section or title number of your statute across the topof the page. In our example, find Title 21 and theclosest sections on the page.

C. Citing references.Citations to the citing references that have cited

your statute are listed beneath the section or titlenumber of your statute.

D. Subsections.In some statutory citators, subsections are shown in

bold under the boxed section number. Scan down thecolumn to find the subsection of interest to you.

Citations to your subsection are listed beneath thesubsection identifier.

REPEAT STEPS A-D until you have review section848(q)(9) in each publication listed in What YourLibrary Should Contain. Be methodical; check allsupplements.

5. Interpret your statute citation information.

This is a close-up view of citing references to21 U.S.C. §848(q)(9):

This is your section number.

The letter “A” tells you section848(q)(9) has been amended.

The letter “i” tells you thissection has been interpreted

by this reference.This is a LEXIS citation fora citing reference. The casename and docket numberare included in a list at the

back of the citator.

The delta followed by “1999”means the court did not

specify the edition of USC itcited, but SHEPARD’S tells

you the citing case wasdecided in 1999.

For help using SHEPARD’S in print, turn to http://helpcite.shepards.com/tutorial.htm

HOW TO SHEPARDIZE28

Research Steps for Regulationsand Other Legal Sources

In addition to cases and statutes, you canSHEPARDIZE many of the following:

• administrative rules and regulations, includingthe Code of Federal Regulations;

• court rules, including the all-important FederalRules of Civil Procedure, Criminal Procedure,Appellate Procedure and Evidence;

• constitutional provisions;• jury instructions; and• other important sources of law.

Generally, SHEPARDIZING these materials issimilar to SHEPARDIZING a statute. As an example,we will SHEPARDIZE section 3.358(c)(3) of theCode of Federal Regulations, Title 38.

Follow the first four steps, repeating the process oflocating citations in each publication listed in WhatYour Library Should Contain:

1. Select Shepard’s Code of Federal Regulations Citations.


3. Understand your citator.

4. Find 38 CFR §3.358(c)(3).The following example will provide more details on

the valuable information that SHEPARDIZING aCFR provision will give you.

5. Interpret your CFR citation information.

SHEPARD’S Skill Builder:SHEPARD’S CFR citation analysis includes a

special feature to make research more efficient. If thecourt cites a CFR provision by its edition date, that date isshown at the end of the citation, preceded by an asterisk. Ifthe court does not specify the CFR edition it is citing,SHEPARD’S includes the date of the decision, which appearspreceded by a delta. These date identifiers can help youlocate cases dealing with the specific CFR edition you areSHEPARDIZING.

6. Update your research.Check the status of your regulation in each

new supplement.

The “Vp” in these citationstells you that the Supreme

Court has found your sectionvoid or invalid in part.

Your section number.

Citing references to yoursection number.

The asterisk followed by“1972” means that this case

cited the 1972 edition ofCFR in its opinion.

The “V” tells you that thisdecision found your section

void or invalid.

The delta followed by “1994”means this decision did notspecify the edition of CFR it

cited, but Shepard’s tellsyou the citing case was

decided in 1994.

Close-up view of yoursection in bound volume.

Close-up view of yoursection in later supplement.

HOW TO SHEPARDIZE 29SECTION FIVEUsing SHEPARD’S on CD-ROM

Research Steps for CasesThis case is on point for you: McNeil v. Economics

Laboratory, Inc., 800 F.2d 111 (7th Cir. Ill. 1986).

SHEPARDIZE McNeil to check its precedentialvalue.

1. Select the right citator.Like SHEPARD’S in print, SHEPARD’S on CD-

ROM correlates to particular reporter sets. Gener-ally, you should select the CD-ROM citator thatcorresponds to the reporter in which your case hasbeen published, e.g., Federal Reporter, Second Series.

2. Check currentness and completeness.Always check the label on your disc to ensure you

are using the latest version. Most discs are updatedmonthly; certain federal products are updated twice amonth.

Each CD-ROM citator set includes all the informa-tion found in bound citators and their supplements.If your CD-ROM citator set has more than one disc,read the disc labels to ensure you use the disc whichincludes the cited reference you wish toSHEPARDIZE.

3. Understand your citator.Each CD-ROM citator includes system and prod-

uct-specific manuals as well as on-screen help. Readyour manuals and become familiar with on-screenhelp (see page 8).

4. Find 800 F.2d 111.A. Start the SHEPARD’S program.From Windows, double click on the SHEPARD’S

icon. If necessary, open the appropriate database.

B. Enter the citation.Type 800 f2d 111 and press ENTER.

C. Review the list of citations retrieved.(See Page 30 for screen details.)

29

SHEPARD’S Skill Builder:Data entry is not case specific. In our example, 800 F2D

111 or 800 F.2d 111 will also work.Not sure what abbreviation to use for your citation?

Click the CITED button on the tool bar and gain access to alist of cited references and their abbreviations.

D. SHEPARDIZE all parallel citations toensure completeness.

Click on the parallel citation’s hypertext link.

5. Interpret your case citation information.SHEPARD’S Citations on CD-ROM contains all of

the same citation information as SHEPARD’SCitations in print, including parallel citations,editorial assignments, headnotes and docket num-bers. In the CD-ROM environment, many of thesefeatures are expanded and enhanced for your conve-nience. For example, editorial assignments appear aswords or phrases rather than letters.

6. Update your research!Use SHEPARD’S Daily Update to find out what has

happened to your cited reference since your last discarrived. Daily Update is available via the Internet.Just click on the DAILY UPDATE icon on anySHEPARD’S CD-ROM tool bar. Citations areupdated—and include the full range of SHEPARD’Seditorial analysis—24-48 hours after opinions arereceived by SHEPARD’S.

SHEPARD’S Skill Builder:SHEPARD’S on CD-ROM lets you do case-name searches.

If you do not know the citation for your case, try typing in aquotation mark followed by the case name. You can use thename of just one of the parties or just the first part of thename, especially if the name is long or one that might beabbreviated. (Note: Do not type a quotation mark at the end.)Press ENTER. If you’ve gotten the name right and your case isincluded as a cited source on the CD-ROM you are using,you will get a browse screen listing all of the cases involvingparties with the name(s) you typed. Select the case you wantfrom the list on the browse screen and click on theSHEPARDIZE button.

HOW TO SHEPARDIZE30

SHEPARD’S Signal gives youa first look at the precedentialstatus of your case. This red

light tells you McNeil hasreceived strong negative

history or treatment that mayhave destroyed its value

as precedent.

Use the “Target™” buttons toidentify cases that havereceived negative and/or

positive analysis fromSHEPARD’S legal editors.

This is your case name in acitation sentence. If the

parallel citations are in green,you may click on a parallelcitation to SHEPARDIZE it.

Click on Underpinnings to seewhat has happened to cases

McNeil relied on.

The court that decided yourcase and the judge who wrotethe opinion are also included.

These are your citingreferences to McNeil, includ-ing SHEPARD’S editorial and

headnote analysis.


SHEPARDIZING Statutes,Rules and Regulations

In addition to caselaw, you can use SHEPARD’Son CD-ROM to SHEPARDIZE stautes, regulations,court rules, constitutional provisions and otherauthorities. Generally, SHEPARDIZING statutoryand regulatory sources is similar to SHEPARDIZINGcases. The citation abbreviation will typically be a“shorthand” version of standard citation style, Forexample, to SHEPARDIZE section 208.23 of theMichigan Compiled Laws, you would type MCL208.23. To SHEPARDIZE 21 U.S.C. §848(q)(9), youwould type 21 usc 848 q 9. (Note that parenthesesare not used.)

If you’re not sure of the correct abbreviation foryour source, click the STATUTES button (statehouse)on the tool bar for a list of cited references you canSHEPARDIZE and their abbreviations.

SHEPARDIZING Underpinnings™

Exclusive to CD-ROM, the SHEPARD’S Underpin-nings feature tells you at a glance whether any of thecases on which your case relied have potentialproblems with their precedential value, This isimportant, because the case you wish to use willtypically cite other authorities to establish its posi-tion. These sources are the “underpinnings” of yourcase.

In addition to SHEPARDIZING your case, youneed to SHEPARDIZE your case’s underpinnings tomake sure they are still good law. If they are not, andyour case has relied on them, the precedential valueof your case may well have been compromised.

Because SHEPARD’S provides true positive analy-sis, SHEPARD’S Underpinnings feature will quicklyidentify any authorities on which your case reliedthat may no longer be good law. You will then wantto SHEPARDIZE these authorities (use the hypertextlinks) to see whether your case has been affected.

Extract™ and CiteFinder™

SHEPARD’S CD-ROM citators feature two addi-tional tools, Extract and CiteFinder. SHEPARD’SExtract is a program that will identify all citations ina word-processing document and SHEPARDIZEthem for you. SHEPARD’S CiteFinder is a uniqueand powerful research tool that allows you to type inseveral citations that are relevant to your issue, e.g.,the governing statute and two cases interpreting thestatute. CiteFinder will automatically SHEPARDIZEthese citations and provide you with a ranked list ofauthorities that are most likely to be onpoint foryour research.

SHEPARD’S Skill Builder:SHEPARD’S Signal on CD-ROM gives you a “first look” at

the precedential status of your case. Only SHEPARD’S offerstwo negative signals (in CD-ROM, they are graphicallypresented as red and yellow traffic lights) and a true positivesignal (a green traffic light).

When you see a red or yellow signal, you will want toinvestigate the negative references to your case. For example,a case may have been criticized or even overruled on a singlepoint of law. It will show a yellow or red signal, even thoughother portions of the case remain good law.

For help using SHEPARD’S on CD-ROM, turn to http://helpcite.shepards.com/tutorial.htm

HOW TO SHEPARDIZE32

Notes

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