CHAPTER 7 CITATIONS IN LEGAL WRITING
Chapter Objectives • Understand the differences between The Bluebook and ALWD. • Create a proper citation. • Define a string citation. • Incorporate citations into legal writing. • Learn the rules for citing quotations in a legal document.
Chapter Objectives • Use short form citations. • Differentiate between the different signals. • Use id. as a short form citation. • Cite different types of secondary sources properly. • Verify the accuracy of citations cited in legal documents.
The Bluebook • Since 1926, The Bluebook, A Uniform System of Citation (18th ed. 2005) was the guide to citation form. • Albeit difficult and confusing to use, The Bluebook provides the accepted approach to citation form and format. • The preface is particularly significant as it identifies the changes in that edition.
ALWD Citation Manual • The year was 2000—enter the ALWD Manual: A Professional System of Citation (3d ed. Aspen Publishers 2006). • ALWD is considered a more practical approach and a viable competitor for The Bluebook. • ALWD introduces several new concepts: • It explains citation form in everyday terminology. • It gives examples of practical usage. • It illustrates citation formats from all jurisdictions. • It provides the practitioners’ approach to citation form.
The Other Guides • The Universal Citation Guide is yet another citation form. Characteristics of the universal citation system are as follows: • The name of the case. • The year of the decision. • The court abbreviation. (The abbreviation for the state is its postal abbreviation. For lower courts, it is the postal abbreviation along with an additional identifier.) • A sequentially assigned opinion number. • A notation of the letter “U,” if an opinion is unpublished or unreported. • A paragraph number to identify quoted material. (This rule is a major departure from present practice. Citation rules require the page number of the quoted material only.)
Basic Citation Form • Example: PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) • Name of the case: PGA Tour, Inc. v. Martin, • Reporter: 532 U.S. 661 • Year of the case: (2001)
Subsequent History of a Case • Subsequent history is the history of a case on appeal: Hale v. Scott, 252 F. Supp 2d 728, aff’d, 371 F.3d 917 (7th Cir. 2003) • The exception is a writ of certiorari: • Request for appeal where the court has the discretion to grant or deny it; granting of petition, by the U.S. Supreme court, to review a case.
The Federal Reporters • The Federal Reporter: • Hargis v. Foster, 312 F.3d 404 (9th Cir. 2002) • The Federal Supplement: • Philadelphia Gear Corp v. Swath Int’l. Ltd., 200 F. Supp.2d 494 (E.D. Pa. 2000) — Bluebook form • Philadelphia Gear Corp. v. Swath Intl. Ltd, 200 F. Supp.2d 493 (E.D. Pa. 2000) — ALWD form
The Federal Reporters • Federal Rules Decision: Taylor v. Belger Cartage Service, Inc., 102 F.R.D. 172 (W.D. Mo. 1984) • Federal Appendix: Jackson v. Secretary of U.S. Treasury, 141 Fed. Appx. (2d Cir. 2005) (unpublished)
Citing Statutes • Always cite the official version of federal statues: • The title number, followed by a space. • The statutory code, such as the U.S. Code, followed by a space. • The section sign, which is identified by the section “§” symbol, no space, and the numbered code section, then a space. • The year the code was published in parentheses. • Example: 42 U.S.C. §1983 (2000)
Administrative Rules and Regulations • Code of Federal Regulations. • Similar to the United States Code, CFR citations include: • the title of the code, followed by a space; • the Code (CFR) followed by a space; • the section and chapter of the regulation followed by a space; and • the date (of the most current edition) in the parenthetical. • Example: 47 C.F.R. §1.333( 2005)
The Constitution and Court Rules • The U.S. Constitution is cited by identifying the name of the constitution and the article or amendment followed by the specific referenced section. • Do not cite a date at the end of the reference. • Example: U.S. Const. art. III. §2 U.S. Const. amend. V
Secondary Sources • Legal treatises and books are cited similarly. Include the following: • Name of the author; • Name of the publication; • The edition of the publication; • Publisher (if following ALWD format); • Date of publication in parentheses.
Secondary Sources • The Restatements are a compilation of the common law. • There is a slight difference between The Bluebook and ALWD. ALWD italicizes the name of the Restatements; TheBluebook does not. • Bluebook: Restatement (Second) of Contracts § 90 (1981) • ALWD: Restatement (Second) of Contracts § 90 (1981)
Secondary Sources • Law review citations include: • Name of author of article; • Title of article; • Volume of law review journal; • Name of law review journal; • Page of article in journal; and • Year of journal publication. • Example: Robert D. Bills, Plagiarism in Law Schools: Close Resemblance of the Worst Kind?, 31 Santa Clara L. Rev. 103 (1990)
Secondary Sources • Attorney General opinions are legal opinions issued by an attorney general of a state or the federal government. They represent questions of law usually requested by the different departments or agencies within that state. Opinions are normally state specific and have limited legal authority. • Example: Op. Atty. Gen. Fla. 2006 –09 (2006)Benjamin J. Vernia, State and Local Governmental Liability for Injury or Death of Bicyclist Due to Defect for Obstruction in Public Roadway or Sidewalk, 12 A.L.R. 6th 645 (2006)
Secondary Sources • ALR Annotations • American Law Reports cites both cases and articles. • When citing an ALR article identify: • The author’s name; • Annotation title; • Volume number; • ALR Series; • Page number where article begins; • Date of article.
Secondary Sources • Legal Dictionaries: • The basic components for citing a legal dictionary are: • name of the dictionary; • page of the definition; • edition; and • year of publication. • Bluebook: Black’s Law Dictionary 680 (8th ed. 2004). • The ALWD Manual adds two more components: • • The name of the editor; • • The publisher. • ALWD: Black’s Law Dictionary 680 (Bryan A. Gardner ed., 8th ed., West 2004).
Incorporating Citations into Legal Writing • Citations in sentences: When interpreting a statute, the court should give effect to the intent of the Legislature as expressed in the statute and begin an interpretation with the statute’s language. Barnhart v. Sigmon Coal Co., Inc., 534 U.S. 438 (2002).
Incorporating Citations into Legal Writing • Shortcuts: Id. And Supra • Id. means the same. In Barnhart v. Sigmon Coal Co., Inc., 534 U.S. 438 (2002), the court observed when interpreting a statute the court should give effect to the intent of the Legislature as expressed in the statute and begin an interpretation with the statute’s language. The Court also must determine whether the language is plain and unambiguous. Id. • Suprameans above. • This short form should not be used in court documents.
Incorporating Citations into Legal Writing • String citing When interpreting a statute, the court should give effect to the intent of the Legislature as expressed in the statute and begin an interpretation with the statute’s language. Barnhart v. Sigmon Coal Co., Inc., 534 U.S. 438 (2002); Duncan v. Walker, 533 U.S. 167 (2001); Reves v. Ernest & Young, 507 U.S. 170 (1993); Mallard v. U.S. District Court of Southern District of Iowa, 490 U.S. 296 (1989).
Signals in Legal Writing • A signal indicates additional information on a subject or particular point cited in the legal document. They are always in italics: • E.g. • See • See also • Compare • See generally • Accord
Quotations in Legal Writing • Six rules: • Cite sources for all direct quotations; • Cite sources from which language, facts, or ideas have been paraphrased or summarized; • Cite sources for idea(s) or information that could be regarded as common knowledge, but which (a) was not known to the writer before encountering it in a particular source, or (b) the reader might find unfamiliar; • Cite sources that add relevant information to the particular topic or argument; • Cite sources from and for other kinds of specialized materials; • Cite sources relied upon for authority to support any legal proposition or rule.
Quotations in Legal Writing • More on quotations--two basic rules: • Any quote over 50 words in single-spaced and indented into a block is known as a block quote. • A quote of 50 words or less is kept within the text and identified with quotation marks.
Quotations in Legal Writing • Pinpoint Citations: • Always cite the page number when a quotation begins by using a pinpoint citation or jump cite. • This page reference will tell the reader where the cited material is located if they choose to check or reference it.
Summary • Since 1926, The Bluebook is the authority for citation form. The ALWD Manual is another accepted authority for citation form. • Each jurisdiction follows different guides; local rules provide guidance on which format to use.
Summary • Case citations fall into a basic format: • Cite the name of the case, the volume, the reporter, the page where the case begins, and the date of the decision. • Legal authority must be integrated into legal documents: • Citations are placed in sentences to direct a reader as to the basis of the authority relied upon.
Summary • Cite checking is an important responsibility of a paralegal. • Cite checking consists of verifying the law, checking proper citation form, including the local rules, and reviewing the case cited for accuracy in the text.