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Why was the "process of examining how a case has been treated in subsequent cases to determine if it is still authoritative or “good law”" termed "note up"?

Step 4: Find Cases That Have Considered the Statute (Note It Up)

To note up the statute (i.e., to see if it has been considered in the courts, once you have located the statute click the "Noteup" tab and then the search button. Links to cases that have considered that statute will be displayed.

Maureen F. Fitzgerald, BComm (Univ. Alberta), JD (Univ. Western Ontario), LLM with Merit (London School of Economics), PhD (University of British Columbia). Legal Problem Solving – Reasoning, Research and Writing (2019 8e), p 134.

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The term "note up" is probably an effort to find a generic term for what is called "Shepardizing" in the United States after the legally protected trade name of Shepard's citations, the only commercial publisher in the U.S. who provided resources with which it was possible to do this kind of search for most of its legal history (basically until computerized databased from multiple publishers came into existence).

It was probably coined by a competing firm entering the market and providing the same service.

"Validate" probably would have been a more descriptive word, but the firm with this software probably wants to create its own legally protected terminology for this activity that is specific to this process and doesn't have a more general meaning.

ohwilleke
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