Chapter 9



Chapter 11

Legal Citation

CHAPTER SUMMARY

Whenever a reference is made in legal writing to a primary or secondary legal authority, the source of the reference must be identified. This reference is called a citation. A citation provides the information necessary to allow the reader to locate the reference, thus allowing the reader to check its content. Citations are usually required in most legal writing such as office legal memoranda and may be included in general legal correspondence or other documents when there is reference to a legal authority.

It is essential that the information included in a citation is correct. It is useless to refer a reader to a source of information and incorrectly identify the location of the source.

Unfortunately, there is no single standard set of rules for citation form adopted by the jurisdictions in the United States. The main guides and sources of authority on legal citations are The Bluebook: A Uniform System of Citation (Bluebook) and the ALWD Citation Manual: A Professional System of Citation. This chapter presents a brief review of the main rules of citation.

The chapter begins with an overview of the numerous rules of citation used when citing primary authority, that is, case, constitutional, and enacted (statutory) law. The basic elements of a case citation include the case name, reporter volume, name and page, pinpoint page if the citation is to a specific page, parallel citation (if any), court abbreviation if necessary, year of the decision in parentheses, and subsequent history, if any. A statutory citation usually includes the name of the code or code abbreviation, the section symbol (§), title, chapter, or section numbers, and in parentheses the publisher if it is a commercial publication and the year the volume was published.

The next section is a summary of the citation format for major secondary sources such as legal encyclopedias, American Law Reports (A.L.R.), law reviews, restatements, and treatises.

The chapter concludes with an overview of basic rules of citation to be used when citing most legal sources. Among other topics, the section covers the use of italics, abbreviations, capitalization, quotations, pinpoint citations, short citations, signals, and citations to electronic sources.

Inasmuch as both the Bluebook and the ALWD consist of hundreds of pages, a detailed discussion of the citation rules of either text is beyond the scope of this chapter. The chapter includes references to rules from both the ALWD and the Bluebook with the goal of providing quick access to the main rules of citation in either authority.

Chapter 11

Chapter OUTLINE

I. Introduction

A. In General

B. The Bluebook and the ALWD Citation Manual

II. Primary Authority

A. Case Law—Bluebook R-10 & P1; ALWD-12

1. Citation components—Bluebook R-10.1; ALWD-12.1

a. The case name

b. The reporter in which the case is published (the volume number, abbreviation of the reporter, and page number where the case begins)

c. Pinpoint page if the citation is to a specific page

d. The parallel (unofficial) publication, if any (the volume number, abbreviation of the publication, and page number where the case begins)

e. The abbreviation for the court issuing the opinion, unless the issuing court is included in the reporter abbreviation

f. The year of the decision in parentheses

g. Subsequent history of the case, if any

2. Case names—Bluebook R-10.2; ALWD-12.2

a. Individual names

b. Organization and business names

c. Abbreviations

d. Multiple parties

e. Consolidated cases

f. United States

g. State or commonwealth

h. Geographical terms

i. Procedural phrases—in re, ex parte, and ex rel

j. “The”

k. Property

l. Punctuation

m. Citations as part of a sentence

3. Volume, reporter, and page—Bluebook R-10.3; ALWD-12.3 to 12.5

a. Abbreviations

b. Spacing

c. U.S. Supreme Court

d. U.S. courts of appeals

e. U.S. district courts

f. State court and parallel citations

g. Page numbers—star paging

h. Cases not yet reported—slip opinions

4. Date and court abbreviation—Bluebook R-10.4 & R-10.5; ALWD-12.5 & 12.6

5. Subsequent history—Bluebook R-10.7; ALWD-12.8

6. Prior history—Bluebook R-10.7; ALWD-12.9

7. Parenthetical information—concurring, dissenting, and plurality opinion—Bluebook R-10.6; ALWD-12.11

8. Short citation format—Bluebook P4; ALWD-12.21

9. Neutral/public domain citations—Bluebook R-10.3.3; ALWD-12.16

10. Cases—electronic sources

B. Constitutions—Bluebook R-11; ALWD-13

C. Statutory Law—Bluebook R-12 & P5; ALWD-14

1. General rules when citing statutes

a. Main text and supplements

b. Section symbol (§) and multiple sections

c. Name of act

2. Federal statutes—Bluebook R-12; ALWD-14.2

a. Title number

b. Code abbreviation

c. Section symbol (§)

d. Section number

e. Publisher if it is a commercial publication—in parentheses

f. The year of the publication or supplement

3. Short citation format state and federal statutes—Bluebook R-12.9; ALWD-14.5

4. State statutes—Bluebook R-12; ALWD-14.4

a. Name of the code

b. Section symbol (§)

c. Chapter/title/section number

d. Publisher if it is a commercial publication—in parentheses

e. The year of the publication or supplement

4. Session laws—Bluebook R-12.4; ALWD-14.6 to14.8

D. Rules of Evidence and Procedure—Bluebook R-12.8.3; ALWD-17

1. The title (topic or agency) number in the code publication

2. The abbreviated name of the publication (e.g., Code of Federal Regulations—C.F.R.; Federal Register—Fed. Reg.)

3. The section number or page number of the rule or regulation

4. The year of the publication

III. Secondary Authority

A. American Law Reports—Bluebook R-16.6.5; ALWD-24

1. Full citation format

a. The full name of the author

b. The word “Annotation”; Note: The ALWD omits the use of “Annotation” following the author name

c. The title (italicized or underlined)

d. The volume number

e. The abbreviated name of the publication

f. The page number where the annotation begins (followed by the pinpoint page if a specific page is referred to—e.g., 852, 860)

g. The year of publication

B. Legal Dictionary—Bluebook R-15.7; ALWD-25

1. Full citation format

a. Author (if any)

b. The full name of the dictionary (underlined or italicized)

c. Page of the definition—no comma after name of the dictionary and the page

d. Editor—only required in the ALWD format—beginning of parentheses

e. Edition

f. Publisher—only required in the ALWD format

g. Year of publication—end of parentheses

2. Short Citation Format

C. Legal Encyclopedia—Bluebook R-15.7; ALWD-26

1. Full citation format

a. The volume number of the encyclopedia

b. The abbreviated name of the encyclopedia, usually either Am. Jur. 2d or C.J.S. (no underlining or italics)

c. The title or topic name (italicized or underlined)

d. The section symbol (§) and section number within the article

e. The year of publication in parenthesis

2. Short citation format

D. Periodicals—Law review/journal citations—Bluebook R-16; ALWD-23

1. Full citation format

a. The full name of the author

b. The title of the article (italicized or underlined)

c. The volume number

d. The abbreviated title of the periodical

e. The page number where the article begins (followed by the pinpoint page if a specific page is referred to—e.g., 159, 165)

f. The year of the publication in parentheses

2. Short citation format

E. Restatements—Bluebook R-12.85; ALWD-27

1. Full citation format

a. The full name and edition of the Restatement

b. The section symbol (§) and number of the Restatement

c. The year of the publication in parentheses

2. Short citation format

F. Restatements—Bluebook R-12.85; ALWD-27

1. Full citation format

a. The volume number if there is more than one volume

b. The full name of the author or editor if a name is given

c. The full title of the publication as it appears on the title page, in italics or underlined

d. Number of the section, paragraph, or page if you are referring to a specific number, paragraph, or page

e. The editor if there is an editor, the edition or series number of the book if it is not the first edition, and the publisher (the Bluebook does not require the inclusion of the publisher)—beginning of parentheses

f. The year of publication—end of parentheses

2. Short citation format

IV. General Rules of Citation

A. Typeface—Bluebook R-2 & P1; ALWD-1.1

B. Italics and Underscoring—Bluebook P1; ALWD-1.3

C. Citation Placement in Sentences and Clauses—Bluebook P2; ALWD-43.1

1. Citation sentence

2. Citation clause

3. Embedded citations

D. Abbreviations—Bluebook R-6 and Tables T.5 to T.17; ALWD-2 and Appendices 3, 4, and 5

1. In general

2. Spacing

a. Single capital letters and ordinals

b. Single capital letters and non-single capital letters

c. Abbreviated and not-abbreviated words

d. Legal periodicals

e. Section symbol (§), paragraph symbol (¶), and ampersand (&)

f. Authorities included in the text of a sentence

E. Capitalization—Bluebook R-8 & P6; ALWD-3

1. General rule

2. Court and party designations

3. Specific words

4. All other capitalizations

F. Quotations—Bluebook R-5; ALWD-47, 48, and 49

1. Quotation marks

2. Indented quotations

3. Quote within a quote

4. Citing a quote within a quote

5. Altering quotations

a. Altering a letter case

b. Adding, deleting, or changing letters

c. Substituting or adding words

d. Mistakes in original quote

e. Adding emphasis

6. Omitting words or citations

a. Omission of one or more words—ellipsis ( . . . )

b. Omission of citations or footnotes

7. Paragraph structure

G. Page Numbers (pinpoint citations)—Bluebook R-3.3, 3.4, and 3.5; ALWD-5.2, 5.3, and 5.4

H. String Citations—Bluebook R-1.1 & R-1.2; ALWD-43.3(a)

I. Short Citation Forms (Id., Supra, and Hereinafter)—Bluebook R-4, P4, & P7; ALWD-11.2 to 11.4

1. Id as a short citation

2. Supra as a short citation

3. Hereinafter as a short citation

J. Internal Cross References (supra and infra)—Bluebook R-3.6; ALWD-10

K. Signals—Bluebook R-1.2 to 1.5; ALWD-44 to 46

1. Types of signals

2. Presentation

3. Order of presentation

a. Constitutions

b. Statutes

c. Cases

d. Administrative and executive materials.

e. Legislative materials

f. Secondary authority

J. Internal Cross References (supra and infra)—Bluebook R-3.6; ALWD-10

K. Signals—Bluebook R-1.2 to 1.5; ALWD-44 to 46

1. Types of signals

2. Presentation

3. Order of presentation

a. Constitutions

b. Statutes

c. Cases

d. Administrative and executive materials

e. Legislative materials

f. Secondary authority

L. Sections and Paragraphs (§ ¶)—Bluebook R-3.4; ALWD-6

M. Electronic Sources—Bluebook R-18; ALWD-38 to 42

1. Commercial sources

2. World Wide Web sources

V. Key Points Checklist—Citations

VI. Application

A. Chapter Hypothetical

B. Chapter 1 Hypothetical, Reins v. Stewart

C. Chapter 2 Hypothetical, United States v. Canter

VII. Review Internet Resources

Chapter 11

WEB ASSIGNMENTS

Provide the correct citations for the following. Use either the Bluebook or the ALWD Citation Manual.

ASSIGNMENT 1—CASE CITATIONS

a. Dickerson v. the U.S. is reported at volume 530 of the United States Reports at page 428. It was decided in 2000.

b. California v. Beheler is reported at volume 463 of the United States Reports at page 1121; it is also reported in the Supreme Court Reporter at volume 103, page 3517, and in volume 77 of the Lawyer’s Edition 2d at page 1275. It was decided in 1983.

c. U.S. v. Galindo-Gallegos is a 2001 decision of the Ninth Circuit Court of Appeals. It is reported in the 255 volume of the Federal Reporter third series at page 1154.

d. Lamaster v. Chicago North Eastern Illinois District Council is 1991 decision of the United States. District Court for the Northern District of Illinois. It is reported in volume 766 of the Federal Supplement at page 1497.

e. State v. Loo is a 2000 decision of the Hawaii Supreme Court reported in volume 10 of the Pacific Reporter third series at page 728.

f. Valentine, L.L.C. v. Flexible Business Solutions, L.L.C. is a 2000 decision of the Connecticut Superior Court reported at 2000 Westlaw at 960901.

g. State v. Outagamie County Board of Adjustment is a 2001 decision of the Wisconsin Supreme Court reported in volume 244 of the Wisconsin Reports second series at page 613 and volume 628 of the North Western Reporter second series at page 376.

h. Dsuban v. Union Township Board of Zoning Appeals is a 2000 decision of the Ohio Court of Appeals reported in the second series of the North Eastern Reporter at volume 748, page 597.

ASSIGNMENT 2—STATUTORY AND CONSTITUTIONAL CITATIONS

a. Article 4, section 2 of the United Statesw Constitution

b. Title 18 section 3182 of the United States Code (2000), the Federal Extradition Act

c. Title 42 sections 12101, 12105 and 12121 of the United States Code (1994)

d. The Uniform Criminal Extradition Act, 11 Uniform Laws Annotated 97 (1995), sections 1 through 31.

ASSIGNMENT 3—SECONDARY AUTHORITY

a. American Jurispurdence Second, volume 25, Elections, section 94, 1985.

b. Volume 99, sections 214, 215, and 229 of Worker’s Compensation, Corpus Juris Secundum, 1992.

c. Intoxication Test Evidence: Criminal and Civil, a treatise by E. Fitzgerald and D. Hume, section 2:30; published by Lawyers Co-op in 1987.

d. The treatise, Weinstein’s Federal Evidence, section 607.03 by Jack B. Weinstein and Margaret A. Berger; taken from the second edition published in 2001.

e. The Note “Why Superseding Cause Analysis Should Be Abandoned,” by Terry Christlieb, published 1993 in Volume 72 of the Texas Law Review at page 166.

f. The article “Statutes as Sources of Law Beyond Their Terms in Common Law Cases,” by Robert F. Williams, published in 1982 in Volume 50 of the George Washington Law Review at page 554.

g. The Second Restatement of Torts, section 6, 1965.

h. The Second Restatement of Agency, sections 343 through 346, 1958.

i. The annotation by Thomas G. Fischer “Liability of Corporate Director, Officer, or Employee for Tortious Interference with Corporation’s Contract with Another,” published in 1989 in volume 72 of the American Law Reports fourth series at page 492.

j. The annotation by P. A. Agabin “Duty and Liability of Closely Held Corporation, its Directors, Officers or Majority Stockholders, in Acquiring Stock of Minority Shareholder,” published in 1966 in volume 7 of the American Law Reports third series at page 500.

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