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Using LexisNexis

Shepard’s® Citations Service Now Highlights Serious ‘Questioned By’ Analysis

Shepard’s Citations Service provides even more detailed editorial analysis by making the editorial phrase “Questioned By” a separate Shepard’s Indicator. You’ll now see a separate Shepard’s Signal™ Indicator—an Orange “Q,” in addition to the red, yellow and green signal indicators shown in the Shepard’s Summary at the top of your cases Shepard’s report.

The "Questioned By” Signal indicates that:

The citing opinion questions the continuing validity or precedential value of the case you are Shepardizing™ because of intervening circumstances, including judicial or legislative overruling.

In other words, the citing court believes that a case or new legislative or regulatory development has come along, impacting very negatively some or all of the case you Shepardized®. Because the “Questioned By” phrase represents a court’s interpretation (as opposed to that of a commentator, law review, editor, etc.) the phrase is a serious notation.

When you look at the Shepard’s Summary, “Questioned By” references will be highlighted for your review. (See below.) You will get more upfront analysis to guide you as you research further.

“Questioned By” is defined with the rest of the signal indicators in the Legend link at the bottom of your report. Just click Legend to display the list of the definitions.

The red warning signal is now more concentrated, including only the most serious signal phrases, i.e., “Overruled By,” “Reversed By” or “Superseded By.” At the same time, by giving “Questioned By” its own signal value, it stands out from milder, yellow warning phrases, such as “Criticized By” or “Distinguished By.”

Shepard's is the premier citation service that helps you quickly...

  • Determine the current status of a case, statute, or other legal authority.
  • Locate the most recent decisions.
  • Find the most accurate and current citation history of a case
  • Spot weaknesses in your opponent's case.
  • Find decisions involving legal or factual issues similar to your case.

Shepard’s and Shepardized are registered trademarks, and Shepardizing and Shepard’s Signal are trademarks of Reed Elsevier Properties Inc., used under License.

© 2005 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.

 
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