Updated Feb. 15, 2006 by Mary Whisner.
Originally prepared by Jonathan Franklin for Bridge the Gap.
PowerPoint slideshow on Online Citators, for
2006 Basic Legal Skills.
What Is a Citator?
A citator is a tool that helps you determine what
has happened to your case, statute, or regulation after it was released.
The two major online citators are Shepard's (available on LexisNexis) and
Keycite (available on Westlaw).
Why Use a Citator?
- To find a parallel citation.
- To find direct history (such as subsequent reversal on appeal).
- Cases include prior and subsequent history.
- Statutes include reversal, amendment, or pending legislation.
- To find primary and secondary sources on a particular narrow topic.
- To find negative treatment (such as your case has been overruled or your
statute having been amended).
- To find positive treatment (such as another case agreeing with the analysis
in yours).
How Current Are Online Citators?
- Citation - As current as Westlaw and LexisNexis: same day.
- Negative analysis
- Westlaw – 9-10 days.
- LexisNexis – 3-4 days.
- This means that even though a case will appear on your list of
citations, if it is a very recent case, it might overrule your case,
but has not been analyzed by the editors yet.
- Lesson: Don’t rely on the graphic for cases that came down that
month. When updating the same case, results between the two systems
can vary.
- Tip: Consider using both systems when possible.
- Availability
- Gallagher Law Library provides access to KeyCite for all users.
- King County Law Library has both systems for the public.
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What Are the Other Major Differences Between Shepard’s and KeyCite?
Shepard’s
- Organizes cases by jurisdiction.
- Permits you to limit the citation list with a Boolean search by using the FOCUS feature
to search the text of citing cases.
- Includes a positive treatment signal.
- Permits you to change the defaults (under Options or Preferences).
- Offers citation services for law review articles.
- Lists the status of each case cited in your case (Table of Authorities).
Keycite
- Organizes cases by treatment and then depth of analysis.
- Permits you to limit the citation list with a Boolean search by using the
LOCATE feature to search the text of citing cases.
- Helps determine how deeply other cases analyze your case (KC Stars).
- Identifies cases that quote your case (KC Quotation symbols).
- Helps keep you up-to-date on the latest changes in status (KC Alert).
- Lists the status of each case cited in your case (KC Table of Authorities).
Tip: Bells and whistles you do not need are not useful in deciding which service to use.
Where Can I Get a Refresher on These Services?
How Does Global Cite from LoisLaw Compare to KeyCite and Shepard’s?
GlobalCite
- Searches subsequent cases for citations to your case.
- Permits you to view any case that cites the one you are viewing.
- Lacks editorial analysis and many other citator features.
Three Important Points
- Use citators early in your research to find more recent relevant secondary sources, statutes, cases, and regulations.
- Use online citators for verification whenever possible.
- Don’t rely the graphical symbol when determining whether your case is still good law because every case and
statute stands for multiple legal propositions. The red or yellow symbol you see might be for a totally different legal point in that case or statute.
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Citator Comparison Table
|
Features
|
KeyCite
|
Shepard’s on LexisNexis
|
| Case finding from a term or concept |
KeySearch Service |
Search Advisor Service |
| Secondary source finding from a statute, case, or regulation |
KC Citations: Includes ALR, Am. Jur., law reviews, CLEs, and treatises |
Includes law reviews and ALR |
| Case finding from a case |
- KC History
- KC Citations
- Stars indicate depth of treatment
- Primary sources first, by treatment and stars
- Use Limit feature
- Jurisdiction limits
- Show citation counts
- Search text of citing cases with LOCATE
- Use KeyCite Notes to limit to a headnote
- Most Cited Cases
- KeyCite Alert
- TOA (Table of Authorities) lists cases your case cites
- Stars
- Flags
- Quotation marks
|
- Main screen
- Combines history and citations.
- Primary sources first, arranged by jurisdiction.
- Use Custom restrictions
- Jurisdiction limits
- Search text of citing cases with FOCUS
- Limit to major cases by choosing “any analysis”
- Table of Authorities lists cases your case cites
|
| Case and regulation finding from a statute |
- KC History
- KC Citations
- Pending legislation
- Apply limits
- Includes Federal Register citations
-
KeyCite Alert
|
- More focus with the ability to search subsections, but harder to get all relevant citations
- Use FOCUS or Custom restrictions to limit
- Can find cases but not regulations
|
| Regulation finding |
- KC History
- KC Citations: Apply limits
- KeyCite Alert
|
- More focus with the ability to search subsections, but harder to get all relevant citations
- Use FOCUS or Custom restrictions to limit
|
| Secondary source finding from a law review
article |
Covers law reviews available on Westlaw |
Covers law reviews available on LexisNexis
plus selected law reviews back to 1957 |
| Case updating |
- Red = No longer good law for at least one point of law
- Yellow = Some negative history
- H = Some history
- C = Citing references only
- KeyCite Alert
|
- Red = Strong negative history or treatment
- Orange = Questions
precedential value
- Yellow = History or treatment may have significant negative impact
- Green = Positive treatment
- A = Neutral citations only
- I = Citing references are material (e.g., law review articles)
without treatment codes
|
| Statute updating |
- Red = Amended or repealed
- Yellow = Pending legislation
- Sections mentioned in pending legislation don’t get flags
- KeyCite Alert
|
Does not use signals |
| Regulation updating |
- No flags – Update button
- KeyCite Alert
|
Does not use signals |
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Final Thoughts
- Finding secondary sources: Try KeyCite first.
- Finding cases: Toss up – Which
organizational scheme do you prefer? Also,
would you rather limit by Key Number (KeyCite) or term (Shepard's)? KeyCite claims to include more sources than Shepard's.
- Updating cases: Either service, ideally both. Shepard’s has positive feedback signals and might be more
up-to-date.
- Updating statutes and regulations: KeyCite seems more up-to-date.
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