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Research Validity of Case Law


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#1 foolish

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Posted 03 February 2009 - 06:14 AM

How can I find out if a case is still valid through the free research engines? 


I don't want to cite a case which has been reversed, vacated or modified.   


 


 



#2 pg1067

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Posted 03 February 2009 - 08:07 AM

Since you didn't say what "free research engines" you're talking about, it's rather impossible to tell you how to do it.  I'm not aware of any reliable way to research the validity of a case other than by shepardizing it on Lexis or Westlaw.  I don't even know if the Shepard's Citations books are even published such that you could do it the old-fashioned way.

#3 foolish

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Posted 03 February 2009 - 08:47 AM

I was talking about anyone of the free research engines"  such as  Findlaw,  Precydent and Alt Law “ and at the present moment Lexis and Westlaw are far out of my financial means. 


For starters if someone could help me I am looking if Miller v. Barilla 549 F.2d 648 (9th Cir. 1977) remains good law in the Ninth Circuit.  To my limited capabilities I've tried all of them.



#4 FindLaw_Nira

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Posted 03 February 2009 - 11:50 AM

FindLaw generally archives its summaries of published opinions issued since September 2000 by the U.S. Supreme Court, all thirteen U.S. Circuit Courts of Appeals, and select state supreme and appellate courts. (to learn more, visit the opinions summaries archive)


It appears that the following Supreme Court cases reference the Barillo decision:


   Tower v. Glover


   Polk County v. Dodson


As recommended above, for a more complete idea of whether the opinion is good law you are advised to shepardize the case.



#5 pg1067

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Posted 04 February 2009 - 03:27 AM

I don't know what to tell you.  I look up my state's cases on Findlaw by citation, but I've never tried a text search, and I've never heard of any of the other sites.  I would assume they all have "help" pages that explain how they they work.  You certainly can run a text search for the case in question to see what other cases have discussed it (and, of course, you should not limit your search to Supreme Court decisions).  Beyond that, I suggest visiting a law library.

#6 foolish

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Posted 04 February 2009 - 03:58 AM

I was just looking for a source that would enable me to research case laws, ensuring that the case remains good law before I rely on them. The cited case is but a fraction of caselaws that I need to shepardize without the tools “it’s a bad feeling being in ignorance of the fact that the relied case might be bad law until it’s too late.” The option I presently have is way too time consuming, that is if doing it correctly. 



#7 jtmaplc

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Posted 28 February 2012 - 03:16 PM






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