Citator

Last updated

In legal research, a citator is a citation index of legal resources, one of the best-known of which in the United States is Shepard's Citations. Given a reference of a legal decision, a citator allows the researcher to find newer documents which cite the original document and thus to reconstruct the judicial history of cases and statutes. A citator can also be used to determine whether a statute or regulation has been amended, repealed, superseded, or held unconstitutional. Using a citator in this way is colloquially referred to as "Shepardizing".

Contents

Topical research

Because cases cite related cases, citators can be used to find cases which are on topics related to a given topic. A common research strategy is to use "one good case" to find related cases.

Establishing authority

Another important application is to determine whether the conclusions of one case have been followed, overturned, or modified in later cases, especially by higher courts. This is important for legal systems in which the binding authority of a case is contingent on precedent.

Citators often include annotations indicating the history and treatment of a case in citing opinions. Shepard's notes 'history' as affirmed, modified, reversed, same case, Superseded, or vacated; and 'treatment' as criticised, distinguished, explained, j dissenting opinion, ~ consenting opinion, Limited, overruled, or questioned.

Although originally distributed only as printed and bound volumes, citators are now typically on-line services such as LexisNexis's online Shepard's Citations, Justis Publishing's provider-neutral JustCite, Westlaw's KeyCite, Bloomberg Law's BCite, and the Oxford Law Citator of Oxford University Press.

History

Citation indexes to the Bible date to the 13th century. [1]

In English legal literature, volumes of judicial reports included lists of cases cited in that volume starting with Raymond's Reports (1743) and followed by Douglas's Reports (1783). Simon Greenleaf (1821) published an alphabetical list of cases with notes on later decisions affecting the precedential authority of the original decision. [2]

The first true citation index dates to the 1860 publication of Labatt's Table of Cases...California..., followed in 1872 by Wait's Table of Cases...New York.... But the most important and best-known citation index came with the 1873 publication of Shepard's Citations. [2]

Frank Shepard Company started publishing citators in New York City in 1873 and other companies provided similar services at around the same time, e.g. George Fred Williams's Massachusetts citations: a table of cases, overruled, denied, doubted, criticised, approved, and cited by the Supreme Judicial Court (Boston, 1878).

The name 'citator' appears to have been coined by the Citator Publishing Company (Detroit) in 1908 in The Citator: an annotated compilation of citations of the Kansas Supreme Court....

Further reading

Notes

  1. see Citation index article.
  2. 1 2 Fred R. Shapiro, "Origins of Bibliometrics, Citation Indexing, and Citation Analysis: The Neglected Legal Literature" Journal of the American Society of Information Science43:5:337-339 (1992)

Related Research Articles

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis.

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.

Wexis is a humorous portmanteau used to refer to the alleged duopoly of publishing conglomerates that dominate the U.S. legal information services industry – namely, West Publishing and LexisNexis.

<span class="mw-page-title-main">Case citation</span> System for uniquely identifying individual rulings of a court

Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.

<span class="mw-page-title-main">Westlaw</span> Online legal research service

Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statutes, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources.

LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. As of 2006, the company had the world's largest electronic database for legal and public-records–related information. The company is a subsidiary of RELX.

LexisNexis Quicklaw is a Canadian electronic legal research database. It catalogues court decisions, news reports, provincial and federal statutes, journals, and other legal commentary. LexisNexis Quicklaw also offers a case citator and case digests. In 2002, Quicklaw was purchased by LexisNexis and is a subsidiary of LexisNexis Canada.

<span class="mw-page-title-main">HeinOnline</span> Online database for legal materials

HeinOnline (HOL) is a commercial internet database service launched in 2000 by William S. Hein & Co., a Buffalo, New York publisher specializing in legal materials. The company was founded in Buffalo, New York, in 1961, and is currently based in nearby Getzville, New York. In 2013, WSH Co. was the 33rd largest private company in western New York, with revenues of around $33 million and more than seventy employees.

<span class="mw-page-title-main">Law report</span> Type of series of books that contain case law

Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.

Shepard's Citations is a citator used in United States legal research that provides a list of all the authorities citing a particular case, statute, or other legal authority. The verb Shepardizing refers to the process of consulting Shepard's to see if a case has been overturned, reaffirmed, questioned, or cited by later cases. Prior to the development of electronic citators like Westlaw's KeyCite during the 1990s, Shepard's was the only legal citation service that attempted to provide comprehensive coverage of U.S. law.

<span class="mw-page-title-main">West (publisher)</span> American publisher of legal materials

West is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West has been one of the most prominent publishers of legal materials in the United States. Its headquarters is in Eagan, Minnesota; it also had an office in Rochester, New York, until it closed in 2019, and it had an office in Cleveland, Ohio, until it closed in 2010. Organizationally, West is part of the global legal division of Thomson Reuters.

West's National Reporter System (NRS) is a set of case law reporters for federal courts and appellate state courts in the United States. It started with the North Western Reporter in 1879 which has its origin in The Syllabi.

<i>Federal Reporter</i> Case law reporting in US courts

The Federal Reporter is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, Federal Cases. The fourth and current Federal Reporter series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the Federal Reporter is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the Federal Reporter for included decisions. Approximately 30 new volumes are published each year.

<span class="mw-page-title-main">Federal Appendix</span> Federal appellate case law reporter (2001–2021)

The Federal Appendix was a case law reporter published by West Publishing from 2001 to 2021. It collected judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such "unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007. Nevertheless, principles articulated in an opinion designated as "not for publication" are treated by the judges of that circuit as not necessarily binding on future panels hearing similar cases, nor on the district judges within the circuit.

<i>Federal Supplement</i> American case law reporter that compiles opinions of the U.S. District Courts

The Federal Supplement is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts since 1932, and is part of the National Reporter System. Although the Federal Supplement is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the U.S. that legal professionals uniformly cite the Federal Supplement for included decisions. Approximately 40 new volumes are published per year.

Legal research is the process of identifying and retrieving information to support legal arguments and decisions. Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials. However, many resources that are useful for legal research are fee-based, and many are not easily accessible.

Computer-assisted legal research (CALR) or computer-based legal research is a mode of legal research that uses databases of court opinions, statutes, court documents, and secondary material. Electronic databases make large bodies of case law easily available. Databases also have additional benefits, such as Boolean searches, evaluating case authority, organizing cases by topic, and providing links to cited material. Databases are available through paid subscription or for free.

Frank Shepard was a salesman for a Chicago legal publisher who invented the Shepard's legal citation system.

A table of authorities is part of a legal brief that contains an index of the cases, statutes, and secondary sources cited. This article deals specifically with the characteristics of tables of authorities in the United States. The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed in alphabetical order within each grouping. The intention is to allow law clerks and judges to easily and rapidly identify and access the legal authorities cited in a litigation brief.

The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Illinois Compiled Statutes (ILCS) form the general statutory law.