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Legal Research: Shepards

A helpful guide to assist Faculty and Students in conducting legal research.

Lexis Nexis's Shepards

When a court decides a legal question, it creates a precedent. Unless a higher court or new legislation reverses the decision, the court’s decision has the effect of law. Court opinions are written to explain the Court’s decision. Research tools have been developed to assist someone who is doing legal research to determine if a Court’s opinion has been reversed by a higher court or legislation. Westlaw’s system is called KeyCite. Lexis\Nexis and Nexis Uni have a similar tool called Shepard's. When completing a legal research project you must use either KeyCite or Shepard's to determine if the court opinions you are relying upon to answer a legal question have not been overruled, distinguished or limited in some manner.

Using Shepards

  • Red Stop Sign - Warning: Negative Treatment is Indicated (Major parts of the legal reasoning in this opinion have been overruled, superseded or abrogated by either legislation or higher court decisions. Clicking on the Red Stop Sign icon will take you to the this legislation or higher court decision. Use these opinions with great care.) It is especially important that you look for any court decision that has overruled this opinion.
    • Ex: Roe v. Wade 410 U.S. 113 (1973), 93 S.Ct. 705, 35 L.Ed. 2d 147.
  • Yellow Triangle - Caution: Possible Negative Treatment is Indicated. (Some parts of the legal reasoning in this opinion have either been distinguished or criticized by other courts. Subsequent cases may have further refined the legal reasoning in this case. By far, most cases you come across will have a yellow triangle. These cases require further research to determine which part of the case may have been distinguished or criticized.
    • ​Ex: Miranda v. Arizona 384 U.S. 436 (1966), 86 S.Ct. 1602, 16 L.Ed. 2d 694.
  • There are a number of other symbols you may run across when Shepardizing a case. For a full list please see the "Shepards' Reference Guide  link in the bottom right box.

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Shepards Reference Guide