Practice Quiz

Paralegal

Category - Research

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You are researching cases on a contract issue on LexisNexis. You find five cases with similar facts that deal with aspects of the same issue. You use the “Shepardize” feature to determine how later cases have treated each case. The results of Shepardizing reveal that “negative treatment is indicated” for one of the five cases. Can the case still be used?
  1. Yes.
  2. Yes, if the negative treatment is related to a point of law other than the point of law related to your issue.
  3. No.
  4. No, unless the case is reviewed by an attorney.
Explanation
Answer: B - Yes, if the negative treatment is related to a point of law other than the point of law related to your issue. An indication of negative treatment discovered through Shepardizing (or using KeyCite) does not automatically mean the case cannot be cited. It means the case must be carefully reviewed to determine if the point of law that is now “bad law” is the same point of law in which you are interested. A case may discuss several points of law, but a “negative treatment” signal is given even if only one point of law is overturned or overruled.
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