If a statute is tagged with a red exclamation point in Shepard's, should an argument be developed based on it?

When a statute is marked with a red exclamation point in Shepard's, this designation indicates that there may be some significant consideration or caution needed regarding the use of that statute in legal arguments. This color coding alerts legal researchers to potential issues such as a recent court decision that may have affected the validity or applicability of the statute.

Developing an argument based on a statute marked in this way does not have a one-size-fits-all answer; it depends on the specific context of the client's situation. For instance, if a court decision potentially undermines the statute's authority, it would be crucial to analyze how that impacts the client's case. Alternatively, in a different situation, the statute might still hold enough weight or relevance for the argument despite the warning.

Legal practitioners must evaluate the surrounding circumstances, including the nature of the case, jurisdiction, and any recent legal developments. This careful consideration ensures that arguments are well-founded and do not rely on potentially flawed legal bases. Thus, recognizing the need for context is essential in determining whether to use such a statute in building an argument.