Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is asked to conduct a 'Shepard's' or 'KeyCite' search for a specific case citation. What is the primary purpose of using these citator services?
- ATo locate the full text of the cited case.
- BTo identify similar cases based on keywords in the headnotes.
- CTo find secondary sources that discuss the case.
- DTo determine the precedential value and subsequent history of the case.
Show answer & explanationAnswer & explanation
Correct answer: D. To determine the precedential value and subsequent history of the case.
Citator services like Shepard's and KeyCite are essential tools for legal research. Their primary purpose is to provide the judicial history of a case (e.g., affirmed, reversed, modified), track all subsequent cases that have cited it, and indicate its current precedential value, including whether it has been overruled or limited.
Why the other options are wrong
- A. The full text of a case is typically found in legal reporters or databases, not primarily through citator services, though these services often link to the full text.
- B. Identifying similar cases by headnotes is a function of digest systems or keyword searches, not the primary purpose of a citator.
- C. While citators might sometimes link to secondary sources, their primary function is not to find them.
Legal Citator Services (Shepard's/KeyCite)
Online tools that trace the judicial history of a case or statute, identify citing cases and secondary sources, and provide signals indicating the precedential value of the authority.
- Essential for 'Shepardizing' to ensure authority is still good law.
- Shows if a case has been affirmed, reversed, overruled, or distinguished.
- Lists all subsequent cases and sometimes secondary sources that cited the authority.
Memory trick: Shepard's signals: Is the law still good, or is it moot?