NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchMedium
A paralegal is reviewing a newly published federal court opinion to understand its implications for a pending case. To quickly ascertain if the opinion has been cited by subsequent cases, received negative treatment, or had its authority questioned, which online tool should the paralegal use?
- AFederal Register
- BShepard's Citations or KeyCite
- CGoogle Scholar
- DA legal dictionary
Show answer & explanationAnswer & explanation
Correct answer: B. Shepard's Citations or KeyCite
Shepard's Citations (LexisNexis) and KeyCite (Westlaw) are parallel citation services designed specifically to track the judicial history and subsequent treatment of cases. They provide flags or symbols indicating negative treatment, whether a case has been cited, and its current precedential value.
Why the other options are wrong
- A. The Federal Register publishes regulations and agency notices, not judicial history or treatment of court opinions.
- C. Google Scholar can find cases but lacks the sophisticated judicial history and treatment analysis provided by dedicated citators.
- D. A legal dictionary defines legal terms, it does not track case history or treatment.
Shepard's Citations / KeyCite
Online citator services used to validate legal authority by tracking the judicial history and subsequent treatment of cases and other legal documents.
- Indicate if a case has been affirmed, reversed, or questioned.
- Provide lists of citing references.
- Essential for ensuring the currency and validity of legal authority.
Memory trick: To check a case's 'key' status or 'shepherd' it through time, use KeyCite or Shepard's, a legal prime.