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what is a citator

what is a citator

3 min read 05-02-2025
what is a citator

Meta Description: Unlock the power of legal research with our comprehensive guide to citators! Learn what a citator is, how it works, and why it's an essential tool for legal professionals and researchers. Discover different types of citators, their key features, and how to use them effectively to ensure your legal research is accurate and up-to-date. Avoid costly mistakes and stay ahead of the curve with this invaluable resource.

What is a Citator and Why Should You Care?

A citator is a crucial legal research tool that helps verify the continuing validity and authority of legal sources like cases, statutes, and regulations. Think of it as a history report for a legal precedent – showing you how a case has been treated by later courts and whether it's still good law. Using a citator is essential for accurate and reliable legal research. Without it, you risk basing arguments on outdated or overturned precedents.

How Citators Work: Tracking Legal History

Citators work by tracking the history of a legal authority. They show you how subsequent cases and legislative actions have cited, interpreted, and potentially overruled the source you're researching. This includes:

  • Positive treatment: Later cases affirming or agreeing with the precedent.
  • Negative treatment: Later cases questioning, limiting, or overruling the precedent.
  • Neutral treatment: Cases citing the precedent without explicitly agreeing or disagreeing.

This information is presented in a concise format, usually a series of symbols and abbreviations, indicating the type and nature of the subsequent treatment. Understanding these symbols is key to effectively using a citator.

Different Types of Citators

Several types of citators cater to different legal needs:

  • Case Citators: These are the most common type, focusing on judicial opinions. Examples include Shepard's and KeyCite.
  • Statute Citators: These focus on legislative enactments, tracking amendments, repeals, and judicial interpretations of statutes.
  • Administrative Citators: These cover regulations and decisions from administrative agencies.

Each type has its own unique features and interface, but the fundamental principle of tracking legal history remains the same.

Key Features of a Citator

Modern citators offer a range of features beyond simple citation tracking:

  • Shepardizing/KeyCiting: These are the core functions, providing the history of a legal authority.
  • History Tab: Shows the complete history of the citation, including all subsequent treatments.
  • Analysis Tab: Provides a concise summary of the treatment of the case.
  • Table of Authorities: Allows for quick checking of cited authorities.
  • Integration with other legal research platforms: Many citators integrate seamlessly with legal databases, streamlining the research process.

How to Use a Citator: A Step-by-Step Guide

  1. Identify the Legal Authority: Find the case, statute, or regulation you want to research.
  2. Access the Citator: Use the citator's search function within your legal research database.
  3. Input the Citation: Enter the correct citation for your legal authority.
  4. Review the Results: Carefully examine the symbols and explanations provided by the citator.
  5. Interpret the Results: Understand what the symbols mean to determine if the authority is still good law.
  6. Update your research: If you find negative treatment, you must update your research to account for the change in law.

Why Citators are Essential for Accurate Legal Research

Using a citator is not optional; it's a necessity for any legal professional or researcher. Failing to check the validity of your sources can lead to:

  • Incorrect Legal Arguments: Basing your arguments on overruled precedents can significantly weaken your case.
  • Missed Deadlines: Unknowing of changes in law can cause you to miss crucial deadlines.
  • Costly Mistakes: Erroneous legal advice can lead to significant financial consequences.

Choosing the Right Citator

The best citator for you will depend on your specific needs and the types of legal research you conduct. Factors to consider include:

  • Coverage: Does it cover the jurisdictions and legal areas you need?
  • Interface: Is the interface user-friendly and intuitive?
  • Integration: Does it integrate well with your other legal research tools?
  • Cost: Subscription costs can vary considerably.

Conclusion: Mastering the Citator for Success

Understanding and utilizing a citator is fundamental to effective legal research. By mastering this tool, you ensure the accuracy, reliability, and ultimately, the success of your legal work. Regularly updating your knowledge of citator functionality and legal developments will keep you at the forefront of your field. Remember to always consult with a legal professional for specific advice on your legal matters.

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