Integrating Citations into Memos . . . How many authorities to cite; when and how to cite; plagiarism; signals; etc.
Why Use Citations? • Lead reader to your sources. • Show depth and breath of research. • Give attribution.
When to Use Citations • In the discussion section • Typically not in the issue, brief answer, facts, or conclusion
Using Citations • When you assert a legal principle • A contract must be supported with adequate consideration. CITE. • When you refer to or describe the content of a legal authority • The court ruled that . . . . CITE.
Using Citations • When you quote from a source • A lawyer must use the degree of skills commonly exercised by a “reasonable, careful and prudent lawyer.” CITE. • When you borrow an idea, even when you do not use the language verbatim
Placement Options (ALWD 43) • Citation sentence. • Citation clause. • Embedded citation. • Appendix 6.
Citation sentence Cited authority supports the entire preceding sentence. Comes at the end of the sentence (stands alone). Starts with a capital letter, ends with a period. Citation clause Cited authority supports only part of the sentence. Falls within the sentence. Begins (and usually ends) with a comma. Citation Placement: Rule 43
Citation Sentence • Reasonable doubt is that doubt which would cause the court to waver on its certainty of the defendant’s guilt. Avila v. State, 745 So. 2d 983, 985 (Fla. 4th Dist. App. 4th 1999).
Citation Clause The Court has observed that employers and unions must have significant freedom in creating seniority systems, Cal. Brewers Assn. v. Bryant, 444 U.S. 598, 608 (1980), but this freedom is not unlimited, Nashville Gas Co. v. Satty, 434 U.S. 135, 140 (1977).
Another Citation Clause • False imprisonment is a general intent crime, State v. Graham, 468 So. 2d 270, 271 (Fla. 2d Dist. App. 1985); therefore, if Murphy is found to have falsely imprisoned Trainor, the intent element will be satisfied.
Embedded Citations In Meritor Savings Bank v. Vinson, 477 U.S. 57, 66 (1986), the Court indicated that a plaintiff can establish a claim by showing that the harassment created a “hostile or abusive work environment.”
Full Citations (Cases) • The first time you cite a case, you must include the full citation. The components of a full citation are:
Components of Full Citation (ALWD 12) • Both parties’ names (EITHER underline or italicize the case name); • The volume number of the reporter; • The reporter abbreviation; • An initial page number; • A court abbreviation (unless the court can be ascertained from the reporter); • The date on which the case was decided.
Examples • Crandall v. Grandoff, 734 P.2d 1257 (Mont. 1992). • Foster Bros. v. Indep. Truckers Co., 888 F. Supp. 23 (S.D. Fla. 1984).
Citation--California Case name (Circuit Date) Vol. Reporter/series Page Smith v. Jones (Ariz. Ct. App 1994) 101 P.2d 62 Rochester v. Tucker (1992) 488 U.S. 960
Citations, Cases--BlueBook • Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) • Ford Motor Co. v. Harris, 800 F. Supp. 1 (M.D. Fla. 1986) • Ford Motor Co. v. Harris, 800 F. 2d 1 (11th Cir. 1986) • Corbin v. Safeway Stores, 648 S.W. 2d 292 (Tex. 1983)
Case Citations--California • Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L. Ed. 2d 694 • Ford Motor Co. v. Harris (11th Cir. 1986) 800 F.2d 1 • Long Beach v. Superior Court (1976) 64 Cal.App. 3d 65, 134 Cal.Rptr. 468
California Reporters • Cal. California Reports • Cal. App. California Appellate Reports • Cal. Rptr. California Reporter • P. Pacific Reporter • LEXIS • D.A.R. Daily Appellate Reports
Pinpoint Citations (ALWD 5.2) • Include a pinpoint cite whenever possible so that the reader can locate the exact page on which the relevant information is found. • The pinpoint citation follows the initial page number and is separated from the initial page number by a comma and one space. • If the pinpoint cite is identical to the initial page number, STILL REPEAT that page number.
Examples • Crandall v. Grandoff, 734 P.2d 1257, 1259 (Mont. 1992). • Foster Bros. v. Indep. Truckers Co., 888 F. Supp. 23, 23 (S.D. Fla. 1984). • Jackson v. Tyler, 45 F.3d 134, 134-136 (2d Cir. 1995).
Subsequent History (ALWD 12.8 and 12.10) • Whenever you cite a case in full, you must include subsequent history. • Subsequent history tells the reader what happened to that case during the appellate process (for example, affirmed, reversed, cert. denied, etc.). • Subsequent history is “tacked onto” the full case cite with a comma.
Example • A school cannot order the search of a student’s locker without probable cause. Smith v. Indep. Sch. Dist., 437 N.W.2d 97, 98 (Minn. App. 1st Dist. 1984), aff’d,440 N.W.2d 1439 (Minn. 1985). • Shepard’s/KeyCite.
Short Cites • Use id. if possible. • May be used with cases, statutes, etc. • ALWD 11.3 + specific sources, like 12.21. • Refers to the immediately preceding source.
Id. • Indicate any particular variation in which the subsequent citation varies from the former. • Assume different page numbers: • Jones v. Smith, 19 F.3d 14, 16 (3d Cir. 1994). • Id. at 15.
Id. • Assume same page numbers: • Jones, 19 F.3d at 14. • Id. • The period in id. is underlined or italicized.
Id. • Id. used after a signal is NOT capitalized. • Correct:See id. at 19. • Incorrect:See Id. at 19. • Tip.: Convert id.’s at the end.
Other Short Cites - Cases (ALWD 12.21) • If the case name (or part of the case name) is referred to in the text, use the short form that includes the volume number, reporter abbreviation, and pinpoint page number.
Examples - Options • In Smith, the court held that a school could not order the search of a student’s locker without probable cause. 437 N.W.2d at 98. (citation sentence) • In Smith, 437 N.W.2d at 98, the court held that a school could not order the search of a student’s locker without probable cause. (embedded citation)
Short Citation - Cases • If the case name (or part of the case name) is not referred to in the text, use the short form that includes one party’s name, the volume number, reporter abbreviation, and pinpoint page number.
Example • A school cannot order the search of a student’s locker without probable cause. Smith, 437 N.W.2d at 98.
Citing Statutes - Citation Sentences • The first time you cite a statute, include a full citation. • You must consult Appendix 1 to determine the information needed for your jurisdiction. • After that, you can use a short cite -- either id. or forms in ALWD 13.4.
Statutes - Embedded Citations • If you refer to a statute in the text, do not abbreviate the code; instead, spell it out. • Correct: Georgia Code Annotated § 837 provides that . . . . • Incorrect: Ga. Code Ann. § 837 provides that . . . .
Statutes - Subsections • There is not a space between the main section and the subsection. • Correct: 838.015(1). • Incorrect: 838.015 (1). • Separate subsections with a comma or hyphen (span) • Correct: 383.015(1), (3) • Correct (span): 383.015(1)-(3)
Codes • Cal. Code Civ. Proc. §473 (West 1998 Supp. 2002)
Signals (ALWD 44) • Link between the text and the citation. • Tells the reader the type and degree of support that the citation gives the textual sentence.
Do Not Use a Signal If: • The cited authority directly supports the stated proposition. • The cited authority identifies the source of a quotation. • The cited authority merely identifies the authority referred to in the text.
Signals • See:Use when the cited authority (a) supports the stated propositionimplicitlyor (b) contains dictathat supports the proposition. • Accord:Use to show that two or more authorities state or support the proposition but the text quotes or refers to only one; the others are then preceded by “accord.” Also use to show that the law of one jurisdiction is in accord with that of another jurisdiction.
Signals -- continued • See also:Use to cite additional material that supports the proposition. Support under this signal is not as strong or direct as when no signal or “see” is used. “See also” may be used when the cited authority supports the point made, but is in some respect distinguishable from previously cited cases. • Cf.: Use when the cited authority supports the stated proposition only by analogy. • Negative signals: Contra; but see; but cf. • See generally: Use when the cited authority is presented as helpful background information related to the stated proposition.
Number of Sources to Cite • ALWD 43.3 and 43.4. • “Interested, but busy” reader. • Avoid “string citations.” • Prefer quality and depth over quantity.
Quotations • Omissions = ellipsis (^.^.^.^) • Alterations = brackets • The becomes [t]he • states becomes state[d] or state • Block indents • The cite is not part of the block indent