WESTLAW NEXT Tip of the Week: Keycite – Feel confident the Cases you’re citing are Good Law

May 20, 2013

Tip of the Week

Did you know that in 2012 over 300,000 cases were added to WestlawNext™? The law is ever-evolving. The status of the cases you cited in your pleadings may have changed over the course of litigation. You have to be confident that you are relying on the strongest precedent to make effective arguments. On WestlawNext, KeyCite® puts all of the negative treatment a case has received in one place.

Viewing Negative Treatment

The Negative Treatment tab is where you will find any negative treatment of a case, including all of the negative direct history and negative citing references.

  • Negative Direct History includes cases from both prior and subsequent history within the direct appellate line that may have a negative impact on the precedential value of your case.
  • Negative Citing References includes other authorities that may have discussed your case negatively, such as other cases or administrative decisions not in the same direct appellate line as your case.

To view a case’s negative treatment, click the Red or Yellow flag or click on the Negative Treatment tab.

Negative Treatment tab.

Most Negative Treatment

In addition to putting all negative treatment in one place, KeyCite attorney-editors go one step further and determine which document provides the most negative treatment of a case. They consider many factors, including the date, jurisdiction, court level and the nature of the treatment. To make the document easy to spot, you will see a “Most Negative” banner next to that document.

Most Negative

Checking citations can be time-consuming and overwhelming. However, KeyCite on WestlawNext provides a comprehensive list of negative treatment and identifies the most negative document, giving you the information you need to feel confident your research is complete.

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