Online Companion: Legal Research, Analysis, and Writing



CHAPTER 8 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.

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 (ALWD). The 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 next section summarizes the citation format for major secondary sources such as legal encyclopedia, Annotated Law Reports (ALR), law reviews, Restatements, and treatises.

The chapter concludes with an overview of basic rules of citation to be followed 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.

ASSIGNMENTS

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

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 a 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 States 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 & 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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