Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is conducting research on a legal issue and finds a case that appears to be directly on point. However, upon further review using a citator service (e.g., Shepard's or KeyCite), the paralegal discovers that the case has been 'reversed' by a higher court. What is the immediate implication of this finding for the paralegal's research?
- AThe case is still valid persuasive authority and can be cited.
- BOnly the specific part of the case that was reversed is invalid; the rest can still be used.
- CThe case's precedential value is completely nullified, and it should not be relied upon.
- DThe case's holding is merely questioned, requiring further investigation but not outright rejection.
Show answer & explanationAnswer & explanation
Correct answer: C. The case's precedential value is completely nullified, and it should not be relied upon.
When a case is 'reversed' by a higher court, it means the higher court found an error in the lower court's judgment and overturned it. This completely nullifies the precedential value of the reversed case, meaning it cannot be relied upon as good law.
Why the other options are wrong
- A. A reversed case has no precedential value and should not be cited as valid law.
- B. While some cases might be 'modified' or 'limited,' a 'reversed' status typically means the entire judgment is overturned, not just a part.
- D. A 'questioned' or 'criticized' status indicates doubt, but 'reversed' signifies a definitive overturning of the decision.
Case Reversal
An action by a higher court overturning the judgment of a lower court, rendering the lower court's decision invalid.
- Nullifies the precedential value of the reversed case.
- Indicates a legal error in the lower court's decision.
- Requires the lower court to take further action consistent with the higher court's ruling.
Memory trick: Green means Go, Yellow means Caution, Red means Stop the case!