Brief case superseded by statute

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )

Posts: 1
Joined: Wed Apr 03, 2013 11:21 am

Brief case superseded by statute

Postby TheVishual » Wed Apr 03, 2013 11:26 am

How screwed am I? Overall I think I did a good job making my points and I write fairly well. Apparently my problem was trusting Shepherd on Lexis. When I Shepherdized one of my main cases in part of my argument the history came up with a few out of jurisdiction cases that distinguished the case. It said absolutely nothing about the case being superseded by statute. Later, I found myself looking at the case on WestLaw and right there at the top it says "case superseded by statute".

Does the case still have any weight in an argument even though it is superseded by statute and/or how screwed am I grade-wise for putting that case in my brief? (My LRW prof. was miserable and taught very little on anything useful.)


Posts: 228
Joined: Sat Nov 17, 2012 12:26 am

Re: Brief case superseded by statute

Postby MinEMorris » Wed Apr 03, 2013 8:17 pm

are you sure that the part of the case that is superseded by statute was the part that you were citing? If the part you were relying on was superseded by statute, I would be far more concerned about the fact that you failed to discuss that statute than I would be that the case was superseded. See if westlaw indicates which portion or headnote of the case was superseded by statute, and look at the statute itself to make sure it pertains to your issue. My guess is that it doesn't.

I don't think you have that much to be worried about in any case since at most schools your grade is far more determined by your writing and the logical flow of your analysis, rather than the authority that you rely on. I've heard of people basing their entire analysis on the wrong standard of review and still getting good grades. I wouldn't fret.

User avatar

Posts: 601
Joined: Wed Jul 27, 2011 2:46 pm

Re: Brief case superseded by statute

Postby dietcoke0 » Wed Apr 03, 2013 9:03 pm

Yeah, unless it was a case that was obviously overturned by Statute, or a landmark case people know by name, doubt your prof going to go and use a Citator on everyone's case, and double checked every point in the case. Now if you did something and use Plessy v. Ferguson or something, and centered your argument around it, you might be fucked.

Just don't do this in real life.

User avatar

Posts: 3527
Joined: Thu Jan 12, 2012 11:58 pm

Re: Brief case superseded by statute

Postby Pokemon » Wed Apr 03, 2013 9:58 pm

Your LRW professor probably has a list of cases you are supposed to cite and will go through your paper counting how many of those you have cited, and give you appropriate points. This list was probably compiled by research assistants during the summer. He is not going to check your wrong case and notice your mistake because he probably has better things to do with his life and absolutely hates reading your brief. He will just give you no points for it if you were not meant to use it.

User avatar

Posts: 3806
Joined: Tue Jun 28, 2011 2:59 pm

Re: Brief case superseded by statute

Postby stillwater » Wed Apr 03, 2013 10:00 pm

Briefs/LRW don't even matter bro. Waste of time. Not worth it. No one is gonna shepardize that shit.


Posts: 1396
Joined: Mon Nov 09, 2009 5:50 pm

Re: Brief case superseded by statute

Postby NotMyRealName09 » Wed Apr 03, 2013 10:49 pm

If I were a LWR prof and I found a student citing a case that had been superceded by statute for the proposition for which it was cited, I'd ding the hell out of them. Sucks to be you, but theres a good chance it won't be discovered.

User avatar

Posts: 663
Joined: Tue Oct 25, 2011 10:31 pm

Re: Brief case superseded by statute

Postby eaper » Thu Apr 04, 2013 12:36 am

How recent is the statute? It may be too recent and your prof may not even want to consider it.

Return to “Forum for Law School Students�

Who is online

Users browsing this forum: No registered users and 21 guests