Introduction to Online Legal Research

Introduction to Online Legal Research (Westlaw and Lexis)
Professor Callister


Session: Fall - Spring

Lexis: Shepard's Citation Service
Summary of Lexis Citation Analysis

L21

In Lexis, citation analysis . . .

uses flags to signal how the case has been subsequently treated:

Negative treatment. The case could be overruled or reversed. The negative treatment may only be to a part of the decision.

Caution. The precedent has been limited or criticized

Positive subsequent treatment.

Neutral treatment

Case not Shepardized.

must be considered within the context of time (or the pedigree of judicial precedent):

Tree of case geneology (past and future).

Flags in normal case-viewing mode note the status of the primary case
Flags in Shepard's mode note the status of subsequent citing cases
Flags in Table of Authorities mode can be used to check the case authority upon which a primary case relies

may be restricted

by kind of treatment (negative, positive, string citation)
by jurisdiction
to secondary authority
by using the Focus feature to add specific terms and connectors
by headnotes to specific points of law

may use Auto-Cite, which emphasizes critical treatment and secondary sources

may use Lexcite as a search engine for cases and secondary materials which cite the primary case