Legal Definitions - Shepardize

Shepardize

To Shepardize a legal citation means to thoroughly research the subsequent history and treatment of a specific court decision or statute. This process is crucial for understanding whether a particular legal authority is still valid, how it has been interpreted by later courts, or if it has been affected by legislative changes. Essentially, it's about determining the current reliability and precedential value of a legal source by examining how it has been discussed, followed, distinguished, criticized, or overturned by subsequent legal developments.

Here are a few examples to illustrate this concept:

• Scenario: A lawyer preparing for a property dispute.

  A lawyer representing a client in a boundary dispute discovers an older state supreme court case that seems to strongly support their client's claim. Before presenting this case to the judge, the lawyer must Shepardize it. They would check if this specific case has been reversed by a higher court, if its holding has been narrowed by subsequent rulings, or if other courts have criticized its reasoning. If the lawyer finds that a more recent appellate decision has significantly limited the application of their chosen case, they would know not to rely solely on it, or would need to address its limitations directly.

  This example illustrates Shepardizing by showing how a lawyer ensures the legal authority they plan to use is still good law and understands any limitations placed upon it by later decisions, thereby assessing its current precedential value.

• Scenario: A legal researcher analyzing a landmark environmental law.

  A legal scholar is writing an article on the evolution of environmental protection laws and wants to discuss a foundational federal statute. To ensure their analysis is accurate and up-to-date, they would Shepardize the statute. This involves checking if Congress has amended the statute since its original enactment, if any parts have been repealed, or if federal courts have issued significant interpretations that have altered its practical application. Without Shepardizing, the scholar might base their research on outdated or superseded legal provisions.

  This example demonstrates Shepardizing by showing how a researcher verifies the current form and judicial interpretation of a statute, ensuring their understanding of its legal standing is complete and accurate.

• Scenario: A judge reviewing a motion for summary judgment.

  During a complex civil case, a judge receives a motion for summary judgment from one of the parties, citing several appellate court decisions. Before making a ruling, the judge's law clerk will Shepardize each of the cited cases. The clerk's task is to confirm that none of the cited cases have been overturned on appeal, that their holdings haven't been distinguished in a way that makes them inapplicable to the current facts, or that they haven't been superseded by a more recent, controlling precedent. This ensures the judge's decision is based on currently valid and relevant legal authority.

  This example highlights Shepardizing as a critical step in judicial review, ensuring that the legal arguments presented are supported by current and authoritative case law, directly impacting the court's decision-making process.