WESTLAW NEXT Tip of the Week: Checking Statutes in KeyCite

June 25, 2012

Tip of the WeekStatutes can be impacted by recently enacted or proposed legislation, as well as case treatments. For this reason, it is critical to routinely validate any statute that you rely on for legal advice or cite as precedent. This tip explains how to use KeyCite® to check your statute citations and proceed with confidence that your authorities are still good law.

KeyCite Status Flags

Begin by accessing KeyCite and look for a KeyCite flag at the top of the document. The presence of a KeyCite status flag means the statute has some negative treatment.

Red KeyCite flagA red flag indicates that the statute has been amended by a recent session law, repealed, superseded, or held unconstitutional or preempted in whole or in part.

Yellow KeyCite flagA yellow flag indicates that the statute has been renumbered or transferred by a recent session law; that an uncodified session law or proposed legislation affecting the statute is available; that the statute was limited on constitutional or preemption grounds, or its validity was otherwise called into doubt; or that a prior version of the statute received negative treatment from a court.

Most Negative Treatment

If a statute has a red or yellow flag, the most negative treatment is displayed next to the flag at the top of the document. Most negative treatment consists of a phrase such as Unconstitutional or Preempted or Proposed Legislation and includes a link to the underlying document, if available. KeyCite provides this important information up front (no clicks needed) so you can quickly determine whether to rely on the statute or investigate further.

Most negative treatment displays next to the flag

Viewing History

Click the History tab to view history for a statute, which includes the following six categories

Viewing History

* Graphical Statutes® and Versions coverage includes Federal statutes as well as statutes from CA, DE, FL, IL, MA, NJ, NV, NY, PA, and TX.

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