How to tell if a case is still good law?

Asked by: Dr. Cade Powlowski  |  Last update: May 20, 2026
Score: 4.2/5 (48 votes)

To determine if a case is still "good law," use legal citator services like Westlaw's KeyCite or LexisNexis's Shepard's, which track a case's subsequent history (like appeals) and how other courts have treated it (criticized, distinguished, reversed) using visual flags and reports; always read the citing cases to understand the specific context of negative treatment, as symbols only provide clues.

How to find out if a case is still good law?

Determining whether your case is still good law requires reviewing the citator report to see if your case was reversed, overruled, or superseded. It is also possible that your case could be so roundly criticized or so thoroughly distinguished by other cases that you may not want to rely on it.

How to check if law is still good?

To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case by using citators (Shepardizing on Lexis or KeyCiting on Westlaw).

How do you know if you have a good case?

How do I know if I have a good case?

  • Evidence of liability. A strong case typically hinges on clear evidence of liability. ...
  • Extent and documentation of injuries. The severity of your injuries and the ability to prove them through medical records are crucial. ...
  • Clarity of causation. ...
  • Legal precedents and statutes.

What does it mean if a case is good law?

If a negatively citing same-level court just disagrees with your case's legal analysis or interpretation, your case can still be good law in its own jurisdiction. If there is no higher court ruling on the legal proposition, then your law remains good law, even if it is not followed outside your court's jurisdiction.

Verify That Your Case Law Is Still Good Law. Shepardize It. See How This Works. Watch This Video.

27 related questions found

What are the four characteristics of a good law?

II) The law must not discriminate. This means the law must be applied equally to everybody. III) A good law must be reasonable, the law should not be too harsh or rigid. IV) A good law should be made known to the people who are going to be ruled by it.

How to tell if a case is good law on Westlaw?

After you find a case that is authoritative for your issue, use KeyCite to see if it is good law. A KeyCite status flag (a red or yellow flag, a blue H , or a green C) indicates that information for the case is available in KeyCite.

How to know if a case is weak?

In that case, it's crucial to consult with a skilled criminal defense lawyer in California to evaluate your options and determine the best course of action.

  1. Lack of Evidence. ...
  2. Conflicting Evidence. ...
  3. Inadmissible Evidence. ...
  4. Excludable Evidence. ...
  5. Unreliable Witnesses. ...
  6. Lack of Motive or Opportunity. ...
  7. Errors in the Criminal Complaint.

How to determine if a law is unjust?

An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand a just law is a code that a majority compels a minority to follow that it is willing to follow itself. This is sameness made legal.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

How to spot a bad lawyer?

Signs of a bad attorney include poor communication (unanswered calls/emails), missed deadlines, unclear/excessive billing, lack of preparedness, dishonesty (false promises, hiding info), ethical breaches (misleading client, mishandling funds), and lack of interest or empathy, showing they prioritize fees over your case's best interest, which erodes trust and risks your legal outcome. 

Is $400 an hour a lot for a lawyer?

Yes, $400 an hour is a significant amount for a lawyer, but whether it's "a lot" depends on factors like the lawyer's experience, location (urban areas charge more), and specialty (corporate law often costs more). While $100-$300 is a common range, $400 can be standard for experienced attorneys in complex fields or major cities, and even less experienced lawyers in big firms might bill similarly, with partners charging much more. 

What is the hardest question to ask a lawyer?

The hardest questions for a lawyer aren't trick questions but those that reveal their true experience, strategy, and realistic outlook for your specific case, such as "What percentage of your practice is this area of law?" or "What's your honest win rate in cases like mine, and what challenges do you foresee?" or "If I tell you the truth, do I have a defense, and what happens next?". These challenge their expertise, force difficult honesty about potential failure, and probe ethical boundaries. 

Can I access Pacer for free?

PACER (Public Access to Court Electronic Records) isn't entirely free; there's a $0.10 per page fee for accessing federal court documents, capped at $3.00 per document, but fees are waived if your usage is $30 or less per quarter, making it effectively free for low usage, and judicial opinions are always free. You can also view records at courthouse terminals for free, and there are specific exemptions for certain users like researchers or indigents.
 

Can I see evidence against me?

When the state files charges against you, it's safe to assume that prosecutors have evidence that implicates you and can be used against you at trial. All defendants have the right to access this evidence through what is known as the discovery process.

What is the red flag in Westlaw?

When you retrieve a statutory section in Westlaw, if a red or yellow flag is displayed, that means that there is negative treatment for that statute. A red flag indicates that the statute has been amended, repealed, superseded, or held unconstitutional in whole or in part.

What is an example of a bad law?

California: Baldwin Park: Nobody is allowed to ride a bicycle in a swimming pool. Blythe: You are not permitted to wear cowboy boots unless you already own at least two cows. Burlingame: It is illegal to spit, except on baseball diamonds; Carmel Ice cream may not be eaten while standing on the sidewalk.

What are the most common broken laws?

The Five Most Common Laws That Are Broken

  • Throwing Out an Old Tenant's Mail.
  • Connecting to an Unsecured WiFi Network.
  • Carrying a Sharpie in Public.
  • Speeding.
  • Digital Piracy.

What is the best way to challenge an unjust law?

Build Your Argument. Your case against the bill should be clear and powerful. That often means raising questions designed to provoke doubt among lawmakers, if not outright opposition. Perhaps the bill will have unintended consequences, is extremely costly, or will have an unfair impact on a certain industry.

What is the most common complaint brought against lawyers?

The most common complaints against lawyers center on neglect, poor communication, and billing issues, often stemming from lawyers failing to keep clients informed, missing deadlines, or providing unclear and excessive fees, with neglect and lack of communication frequently cited as the top concerns by bar associations and legal ethics groups. These issues can escalate from simple oversights to formal ethics violations, affecting client trust and case outcomes. 

What is the hardest thing to prove in court?

The hardest things to prove in court often involve establishing intent (mens rea), proving causation, or overcoming a lack of physical evidence, especially in cases like sexual assault, white-collar crime, or proving legal insanity, all while meeting the high standard of "beyond a reasonable doubt". Causation, linking an action directly to harm, is notoriously difficult in medical malpractice, and proving a specific mental state at the time of a crime (like insanity) faces significant challenges with expert testimony and jury skepticism. 

Can ChatGPT summarize a legal document?

ChatGPT and AI tools can automate or expedite a law firm's most tedious tasks. You can start legal research and draft, edit, and summarize nearly any document, from a dense contract to a client email summarizing the case outcomes.

What are Shepard's citations?

In the legal field, Shepard's is a highly regarded legal citation index. Named after legal publisher Frank Shepard, Shepard's Citation Service allows researchers to track particular judicial decisions, statutes and other legal resources as they are invoked at different historical moments for a range of purposes.

Is a yellow flag on Westlaw good law?

Westlaw uses two flags to indicate negative treatment: A red flag warns that a case is no longer good law for at least one of the points of law it contains, e.g., reversed or overruled. A yellow flag warns that the case has some negative treatment, but has not been reversed or overruled.

Why do lawyers use Westlaw?

By combining trusted legal content with advanced agentic AI capabilities, Westlaw Advantage delivers the trusted information and answers legal professionals need to quickly and confidently move from research to results.