Introduction to Shepardize
Shepardize is a legal research technique used to verify the validity of case law and statutes. It involves checking the history of a court decision or statute to ensure it has not been overturned, modified, or superseded by subsequent decisions or legislation.
This process is crucial in legal research as it helps to identify relevant and reliable sources of law, ensuring that legal arguments and decisions are based on up-to-date and accurate information.
History of Shepardize
The term Shepardize originated from the Shepard's Citations service, which was first introduced in the late 19th century. This service provided a comprehensive system for tracking the history of court decisions and statutes, making it easier for legal researchers to verify the validity of legal authorities.
Over time, the term Shepardize has become synonymous with the process of checking the validity of case law and statutes, regardless of the research tool or method used.
Importance of Shepardize in Legal Research
Shepardize is essential in legal research as it helps to prevent the use of invalid or outdated legal authorities. By verifying the validity of case law and statutes, legal researchers can ensure that their arguments and decisions are based on reliable and up-to-date information.
Shepardize also helps to identify relevant and related cases, which can provide valuable insights and perspectives on a particular legal issue.
Methods of Shepardize
There are several methods of Shepardize, including online research tools, law libraries, and print resources. Online research tools, such as LexisNexis and Westlaw, provide comprehensive databases of case law and statutes, as well as advanced search features and citation tools.
Law libraries also offer a range of resources, including print and online materials, to support the Shepardize process. Additionally, print resources, such as Shepard's Citations and other citation manuals, can provide valuable guidance on the Shepardize process.
Best Practices for Shepardize
To ensure effective Shepardize, legal researchers should use a combination of online and print resources. They should also keep up-to-date with changes in the law and developments in legal research tools and methods.
Additionally, legal researchers should be aware of the limitations and potential biases of different research tools and methods, and should approach the Shepardize process with a critical and nuanced perspective.
Frequently Asked Questions
What is the purpose of Shepardize in legal research?
The purpose of Shepardize is to verify the validity of case law and statutes, ensuring that legal arguments and decisions are based on up-to-date and accurate information.
How do I Shepardize a case?
To Shepardize a case, use online research tools or print resources to check the history of the court decision and identify any subsequent decisions or legislation that may have affected its validity.
What are the benefits of Shepardize?
The benefits of Shepardize include ensuring the validity of case law and statutes, identifying relevant and related cases, and preventing the use of invalid or outdated legal authorities.
Can I Shepardize a statute?
Yes, you can Shepardize a statute to verify its validity and identify any subsequent amendments or repeals.
What tools can I use to Shepardize?
You can use online research tools, such as LexisNexis and Westlaw, law libraries, and print resources, such as Shepard's Citations and other citation manuals, to Shepardize.
How often should I Shepardize?
You should Shepardize regularly, especially when working on complex or high-stakes legal cases, to ensure that your research is up-to-date and accurate.