Asked by: Romel Octavio
asked in category: General Last Updated: 12th January, 2020

What does it mean when a case is abrogated?

Abrogated as stated in. The citing case states that the case you are SHEPARDIZING(TM) has been effectively, but not explicitly, overruled or departed from by an earlier decision.

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Consequently, what does abrogate mean in law?

To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom. In constitutional law, the abrogation doctrine refers to the power of Congress to revoke a state's sovereign immunity and authorize suits against that state.

Similarly, how do you know if a case is still good law?

  1. Open the CaseSearch search form.
  2. Locate the case that you are looking for.
  3. When you have your results displayed, click on the case that you want to review.
  4. For detailed information about the treatment of your case, click on the Cases referring to this case link.

Correspondingly, what does it mean to KeyCite a case?

The presence of a KeyCite status flag means the case has some negative treatment. A red flag warns that the case is no longer good law for at least one of the points of law it contains. For instance, the decision was reversed on appeal or overturned years later by a decision of the same court.

What does it mean to Shepardize a case on Westlaw?

The term Shepardize means the process of checking a case's prior precedents. The use of KeyCite on Westlaw is the equivalent to Shepardizing a citation using Shepard's on Lexis. By using KeyCite, you can easily determine if your case is still "good law."

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