Shepard's uses editorial phrases to further indicate what happened in a subsequent case.
Examples: followed, criticized, distinguished, harmonized, explained, affirmed in part and reversed in part, abrogated, etc.
Identifies at a glance whether a case is overruled for one point of law, but followed on another, as well as if one jurisdiction followed but another overruled. Uncovers these splits of authority at a glance.
Negative treatment: Case is not good law for at least one of its points (overruled or reversed) ;Statute has been amended or repealed Questioned by: Citing opinions question continuing validity or precedential value of case because of intervening circumstances, including judicial or legislative overruling |
Red stop sign
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Red status flag |
Caution: Case has some negative history (limited, criticized); Statute has section affected by pending legislation | Yellow triangle | Yellow status flag |
Pending - The case is under review | Federal Notice of Appeal Flag | |
No Citing Cases | ||
Positive treatment: History or treatment of case has positive impact on your case (affirmed, followed) | Green diamond with plus sign | |
Case has some analysis which is neither positive nor negative | A in blue circle: A= analysis | |
Case has some history | A in blue circle: A= analysis | |
Case is cited, with no analysis | I in blue circle | |
Depth of Treatment
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Depth of Discussion The indicator displays 1-4 bars depending on the amount of discussion: Cited (1 bar) - the document cites to the reference with minimal, if any, discussion Mentioned (2 bars) - the document briefly mentions the cited reference Discussed (3 bars) - the document discusses the cited reference with some measure of analysis Analyzed (4 bars) - the document fully considers the cited reference |
Depth of Treatment > 1 page discussion > 1 paragraph discussion < 1 paragraph discussion brief reference, usually string citation |