What is the recommended action before citing any primary authority when you are unsure of its current validity?

• A. Proceed with the citation as written
• B. Shepardize to verify current validity
• C. Remove the citation entirely
• D. Cite a secondary source instead

Answer: (B)

Verifying the current validity of authorities before citing them is essential. When you’re unsure whether a cited case, statute, or regulation remains good law, you should Shepardize to verify its current status. Shepardizing (using Shepard’s Citations) traces how the authority has been treated in later decisions and sources, showing whether it’s been affirmed, distinguished, overruled, abrogated, or otherwise limited. It also helps you find subsequent authorities that discuss or rely on it, so you can present an accurate and up-to-date citation. This practice protects you from relying on outdated law and strengthens your argument with current authority.

Proceeding with the citation as written risks endorsing something that may no longer be valid. Removing the citation entirely isn’t necessary if you can verify status, and citing a secondary source can guide you but cannot replace confirming the primary source’s current status.