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1L Research Guide: Citators

Seen one of these symbols?

 KeyCite Red Flag - Severe Negative Treatment      KeyCite yellow Flag - Negative Treatment      KeyCite Blue Flag - Appeal Notification      KeyCite Overruling Risk icon - Implcitly Undermined 

Warning: Negative treatment is indicated    Caution: Possible negative treatment is indicated    Positive treatment is indicated.    Citing refs. with analysis available.

If you see one of these symbols at the top of your case, click on it to get the citator report -

  • in Lexis+, you will see the Shepard's report, with the negative treatment or direct history at the top and other citing references below
  • in Westlaw, you will see the Negative Treatment tab, listing direct history or negative citing references; click on the Citing References tab to see other citing references.

Do I have to look at both?

If you only have access to one service, you will not likely miss negative treatment (either service will usually identify if your case is no longer good law).

But you might miss other relevant cases that would expand your research and strengthen your argument. So if you can, check both Shepard's and KeyCite. At least one empirical study suggests you will find additional relevant cases by cross-checking.

Why use citators?

  • verify your case: make sure what you are relying on has not been overruled or distinguished on grounds relevant to your question
  • weigh your case: see how much other courts or jurisdictions have relied on your case
  • find useful cases: you have a case on point but it is in the wrong jurisdiction (look for citing cases from your jurisdiction), or not very recent (look for more recent cases that discuss similar issues); or you have a case that is close but not quite on point (look for cases that distinguish your case in ways that are relevant to your question)

Filter on Keycite and Shepard's to find useful cases

Feeling overwhelmed by your citing cases list? Use filters on the left side of the screen to narrow -

  • by Jurisdiction (Westlaw) or Court (Lexis+) - you may decide to look at other citing cases for persuasive authority, but start by understanding any mandatory authority.
  • by Reported Status (Westlaw) - unreported cases are not citable authority in some jurisdictions, and generally may be less persuasive.
  • by Discussion (Lexis+) or Depth of Treatment (Westlaw) - you might want to start with cases that analyze your case in detail, so consider filtering for citing cases with more "bars."

Use Keycite and Shepard's to focus on an issue or holding

To use KeyCite or Shepard's to find only the cases that discuss your case for the issue(s) you are researching, look at the headnotes -

  • Find the headnote(s) that state the legal rule or principle you are interested in.
    • Or, if no headnote precisely states the issue, find the headnote(s) numbers closest to the part of the decision that interests you. Go to that headnote.
  • Lexis+: Click on the link to "Shepardize - Narrow by this Headnote" to filter for cases that cite to your starting case for the point or issue addressed in that headnote.
  • Westlaw: Click on the link for "___ Case(s) that Cite this Headnote" to see only the cases that cite to your starting case for the point or issue addressed in that headnote.
  • Want to see how the process looks? Here are some short videos on using citators.

Ask Us

Citator alternatives

You may have come across the B-Cite service in Bloomberg Law, Judicata, or other products that provide citators or citator-like functions for legal materials. The main legal citators, Keycite™ and Shepard's™, are currently the most complete and reliable coverage and for now can be considered "industry standard" in legal practice. When working without Westlaw or Lexis+ access, it may make sense to start exploring other options, particularly the low- or no-cost ones. However, you should be aware that these systems are not generally as robust yet as Shepard's and Keycite.