Resources to Help You Read Critically and Update the Law
KeyCite on Westlaw
Update the Law for the Burial Site Issue
Is the Statute Still Good Law?: Scroll the Left-Side of the Screen
The yellow flag indicates that Hawaii Revised Statutes section 6E-2 might be impacted were current proposed legislation successfully passed. To see how the legislation may affect section 6E-2, click on the yellow flag.
Click on the proposed legislation to see the potential changes to the law.
Additions to the current law are highlighted and deletions are crossed-out. Here, the definition of Historic Property may be extended to 75 years.
Were this to be important to our issue, we would want to set-up an alert and track the development of this bill.
Best practice is to update the law via both KeyCite on Westlaw and Shepard's on Lexis. Lexis tends to provide more detail as to the law's treatment (often in the form of unpublished cases), and since both rely on a different algorithm to capture this treatment, it is best to consult both research platforms. Click on Shepardize Document to see the law's treatment.
Hawaii Revised Statutes section 6E-2 is also good law according to the Shepard's report.
Shepard's on Lexis
Update the Law for the Contract Issue
Is the Case Still Good Law?: Scroll the Right-Side of the Screen
The yellow flag on Warner v. Denis indicates that it has received distinguishing treatment. Yellow flags are everywhere on Westlaw and Lexis, primarily because judges, in their opinions, note differences between the facts of the instant case and those of the cited cases, and the algorithms of the research platforms scan these later cases and assign a yellow flag to the cited references that appear near the language of distinguishment. To check out the case giving caution to Warner v. Denis, click Shepardize Document, the yellow flag icons, or Caution(1).
The relevant section from the citator effectively explains the distinguishing treatment. The Lee judge explains the key difference between the instant case and Warner v. Denis: Lee deals with a nonjudicial foreclosure, while Warner does not. To link to the page in the citator where Warner is distinguished, hover your cursor over the language from Lee and click on it when it highlights.
A judge distinguishing the facts is a classic yellow-flag scenario, as are instances where the judge disagrees with either attorney's interpretation or application of the law in the opinion. None of these scenarios alters the rule of law or changes it to "bad" law; if anything, they merely help to define the law's parameters.
Adhering to best practices, after Shepardizing, update Warner v. Denis with KeyCite in Westlaw.
KeyCite and Shepard's provide the same negative treatment.
Aiea Lani Corp. v. Hawaii Escrow & Title, Inc., 64 Haw. 638, 647 P.2d 257 (1982), the other relevant case from our search in the secondary sources, has no negative treatment, according to KeyCite and Shepard's.
