Legal Research

The value of ?good law?

By Pamela

For those of you who are clerking this summer, a reminder why good law is important, from the Lexis ?Introduction to Shepard?s? page.

Following the doctrine of stare decisis, legal researchers cite to cases in support of their arguments to convince the court that the issues or facts presented in their cases should be decided in the same way as earlier cases.  Legal researchers also argue that the facts or issues presented in their cases are sufficiently different to warrant different treatment based on precedential facts. This reliance on precedent mandates you verify that the authority you cite in support of your arguments is still good law.  In other words, you need to make sure that cases have not been reversed on appeal or overruled by more recent cases, and that statutes have not been repealed or found unconstitutional.

Shepard?s is available on Lexis and Keycite is the case-validating service available on Westlaw.

Full post as published by Cocky Law Blawg on June 23, 2009 (boomark / email).