If a case is tagged with a red stop sign on Shepard's and red flag on Westlaw, should you rely on it?

If a case is tagged with a red stop sign on Shepard's and red flag on Westlaw, should you rely on it?

• A. Yes, always
• B. No, never
• C. It depends if it’s still relevant to your issue
• D. Only if it has been cited by a higher court

Answer: (C)

The option indicating that reliance on the case depends on its relevance to your issue is correct because the presence of a red stop sign on Shepard's or a red flag on Westlaw signifies that there are issues with the case, such as it being overruled, reversed, or having significant negative treatment. However, it does not completely invalidate the case for all purposes. In legal research, the relevance of a case to your specific issue can determine whether it is worth considering despite these warnings. For example, if the case has principles or legal reasoning that are pertinent to your issue, and if the underlying facts have not changed, it may still be useful. Therefore, the key is to balance the warnings from those signals with the context of your research question. Being aware of the history and status of the case allows a researcher to make an informed decision based on its judicial treatment and applicability to current legal issues. Thus, understanding its context and how it relates to your specific legal problem is essential in ascertaining whether to rely on it or seek additional authority.

The option indicating that reliance on the case depends on its relevance to your issue is correct because the presence of a red stop sign on Shepard's or a red flag on Westlaw signifies that there are issues with the case, such as it being overruled, reversed, or having significant negative treatment. However, it does not completely invalidate the case for all purposes.

In legal research, the relevance of a case to your specific issue can determine whether it is worth considering despite these warnings. For example, if the case has principles or legal reasoning that are pertinent to your issue, and if the underlying facts have not changed, it may still be useful. Therefore, the key is to balance the warnings from those signals with the context of your research question.

Being aware of the history and status of the case allows a researcher to make an informed decision based on its judicial treatment and applicability to current legal issues. Thus, understanding its context and how it relates to your specific legal problem is essential in ascertaining whether to rely on it or seek additional authority.