Online Citators

Updated Feb. 15, 2006 by Mary Whisner.
Originally prepared by Jonathan Franklin for Bridge the Gap.

What Is a Citator?
Why Use a Citator?
How Current Are Online Citators?
What Are the Other Major Differences Between Shepard’s and KeyCite?
Where Can I Get a Refresher on These Services?
How Does GlobalCite from LoisLaw Compare to KeyCite and Shepard’s?
Three Important Points
Citator Comparison Table
Final Thoughts

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?

Shepard’s
- Basic Caselaw Validation with Shepard's Citations Service, http://web.lexis.com/lawschoolreg/tutorials/case_val/ (requires LexisNexis ID)
- Tutorial - http://web.lexis.com/help/multimedia/shepards.htm
- Advanced Cite Checking with Shepard's, http://web.lexis.com/lawschoolreg/tutorials/advcite_checking/ (requires LexisNexis ID)
KeyCite Tutorial - http://lawschool.westlaw.com/ > Discover Westlaw > Understand Westlaw > KeyCite.

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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