Introduction to Basic Legal Citation - CALI

Introduction to

BASIC LEGAL CITATION

PETER W. MARTIN

? 2013 by Peter W. Martin

Table of Contents

? PREFACE ? ? 1-000. BASIC LEGAL CITATION: WHAT AND WHY?

o ? 1-100. Introduction o ? 1-200. Purposes of Legal Citation o ? 1-300. Types of Citation Principles o ? 1-400. Levels of Mastery o ? 1-500. Citation in Transition o ? 1-600. Who Sets Citation Norms ? ? 2-000. HOW TO CITE ... o ? 2-100. Electronic Sources

? 2-110. Electronic Sources ? Core Elements ? 2-115. Electronic Sources ? Points of Difference in Citation Practice ? 2-120. Electronic Sources ? Variants and Special Cases o ? 2-200. Judicial Opinions ? 2-210. Case Citations ? Most Common Form ? 2-215. Case Citations ? Points of Difference in Citation Practice ? 2-220. Case Citations ? Variants and Special Cases ? 2-225. Case Citations ? More Points of Difference in Citation

Practice ? 2-230. Medium-Neutral Case Citations ? 2-240. Case Citations ? Conditional Items ? 2-250. Citing Unpublished Cases o ? 2-300. Constitutions, Statutes, and Similar Materials ? 2-310. Constitution Citations ? 2-320. Statute Citations ? Most Common Form ? 2-330. Statute Citations ? Conditional Items ? 2-335. Statute Citations ? Points of Difference in Citation Practice ? 2-340. Statute Citations ? Variants and Special Cases

Session Laws Bills Named Statutes Internal Revenue Code Uniform Acts and Model Codes ? 2-350. Local Ordinance Citations ? 2-360. Treaty Citations o ? 2-400. Agency and Executive Material ? 2-410. Regulation Citations ? Most Common Form ? 2-415. Regulation Citations ? Points of Difference in Citation Practice ? 2-420. Regulation Citations ? Variants and Special Cases ? 2-450. Agency Adjudication Citations

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 ? 2-455. Agency Adjudication Citations ? Points of Difference in Citation Practice

? 2-470. Agency Report Citations ? 2-480. Executive Orders and Proclamations ? Most Common Form ? 2-485. Executive Orders and Proclamations ? Points of Difference in

Citation Practice ? 2-490. Citations to Attorney General and Other Advisory Opinions ?

Most Common Form ? 2-495. Citations to Attorney General and Other Advisory Opinions ?

Points of Difference in Citation Practice o ? 2-500. Arbitration Decisions o ? 2-600. Court Rules o ? 2-700. Books

? 2-710. Book Citations ? Most Common Form ? 2-715. Book Citations ? Points of Difference in Citation Practice ? 2-720. Book Citations ? Variants and Special Cases

Institutional Authors Services Restatements Annotations o ? 2-800. Articles and Other Law Journal Writing ? 2-810. Journal Article Citations ? Most Common Form ? 2-820. Journal Article Citations ? Variants and Special Cases Student Writing by a Named Student Unsigned Student Writing Book Reviews Symposia and the Like Tributes, Dedications and Other Specially Labeled Articles Articles in Journals with Separate Pagination in Each Issue ? 2-825. Journal Article Citations ? Points of Difference in Citation Practice o ? 2-900. Documents from Earlier Stages of the Same Case ? ? 3-000. EXAMPLES ? CITATIONS OF ... o ? 3-100. Electronic Sources o ? 3-200. Judicial Opinions ? 3-210. Case Citations ? Most Common Form Federal State ? 3-220. Case Citations ? Variants and Special Cases ? 3-230. Medium-Neutral Case Citations ? 3-240. Case Citations ? Conditional Items o ? 3-300. Constitutions, Statutes, and Similar Materials ? 3-310. Constitutions ? 3-320. Statute Citations ? Most Common Form ? 3-340. Statute Citations ? Variants and Special Cases Session Laws

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 Bills Named Statutes Internal Revenue Code Uniform Acts and Model Codes ? 3-350. Local Ordinance Citations ? 3-360. Treaty Citations o ? 3-400. Regulations, Other Agency and Executive Material ? 3-410. Regulation Citations ? Most Common Form ? 3-420. Regulation Citations ? Variants and Special Cases ? 3-450. Agency Adjudication Citations ? 3-470. Agency Report Citations ? 3-480. Citations to Executive Orders and Proclamations ? 3-490. Citations to Attorney General and Other Advisory Opinions o ? 3-500. Arbitration Decisions o ? 3-600. Court Rules o ? 3-700. Books ? 3-710. Book Citations ? Most Common Form ? 3-720. Book Citations ? Variants and Special Cases Institutional Authors Services Restatements Annotations o ? 3-800. Articles and Other Law Journal Writing ? 3-810. Journal Article Citations ? Most Common Form ? 3-820. Journal Article Citations ? Variants and Special Cases Student Writing by a Named Student Unsigned Student Writing Book Reviews Symposia and the Like ? ? 4-000. ABBREVIATIONS AND OMISSIONS USED IN CITATIONS o ? 4-100. Words in Case Names o ? 4-200. Case Histories o ? 4-300. Omissions in Case Names o ? 4-400. Reporters and Courts o ? 4-500. States o ? 4-600. Months o ? 4-700. Journals o ? 4-800. Spacing and Periods o ? 4-900. Documents from Earlier Stages of a Case ? ? 5-000. UNDERLINING AND ITALICS o ? 5-100. In Citations o ? 5-200. In Text o ? 5-300. Citation Items Not Italicized ? ? 6-000. PLACING CITATIONS IN CONTEXT o ? 6-100. Quoting o ? 6-200. Citations and Related Text

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o ? 6-300. Signals o ? 6-400. Order o ? 6-500. Short Form Citations

? 6-520. Short Form Citations ? Cases ? 6-530. Short Form Citations ? Constitutions and Statutes ? 6-540. Short Form Citations ? Regulations ? 6-550. Short Form Citations ? Books ? 6-560. Short Form Citations ? Journal Articles o ? 6-600. Context Examples ? ? 7-000. REFERENCE TABLES o ? 7-100. Introduction o ? 7-200. Significant Changes in The Bluebook o ? 7-300. Cross Reference Table: The Bluebook o ? 7-400. Cross Reference Table: ALWD Manual o ? 7-500. Table of State-Specific Norms and Practices ? TOPICAL INDEX

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PREFACE Contents | Index

This electronic publication was conceived in the summer of 1992. A small band of Cornell Law students, charged with identifying subjects on which computer-based materials would be particularly helpful, placed citation at the top of the list. With their assistance I prepared the first edition of Introduction to Basic Legal Citation. It was released on diskette that fall, one of the first hypertext publications of Cornell's Legal Information Institute (LII). Later reconfigured for the Web, where it still resides at: , the work has been updated regularly in the years since. Like that online version on which it is based, this e-book was most recently revised in the fall of 2013. As has been true of all editions released since 2010, it is indexed to the fourth edition of the ALWD Citation Manual and the nineteenth edition of The Bluebook. But it also rests firmly on the evolving practice of judges writing opinions and lawyers writing briefs.

A Few Tips on Using Introduction to Basic Legal Citation

This is not a comprehensive citation reference work. Its limited aim is to serve as a tutorial on how to cite the most widely referenced types of U.S. legal material, taking account of local norms and the changes in citation practice forced by the shift from print to electronic sources. It begins with an introductory unit. That is followed immediately by one on "how to cite" the categories of authority that comprise a majority of the citations in briefs and legal memoranda. Using the full table of contents one can proceed through this material in sequence. The third unit, organized around illustrative examples, is intended to be used either for review and reinforcement of the prior "how to" sections or as an alternative approach to them. One can start with it since the illustrative examples for each document type are linked back to the relevant "how to" principles.

The sections on abbreviations and omissions, on typeface (italics and underlining), and on how citations fit into the larger project of legal writing that follow all support the preceding units. They are accessible independently and also, where appropriate, via links from the earlier sections. Finally, there are a series of cross reference tables tying this introduction to the two major legal citation reference works and to state-specific citation rules and practices.

The work is also designed to be used by those confronting a specific citation issue. For such purposes the table of contents provides one path to the relevant material. Another path, to which the bar at the top of each major section provides ready access, is a topical index. This index is alphabetically arrayed and more detailed than the table of contents. Finally, the search function in your e-book reader software should allow an even narrower inquiry, such as one seeking the abbreviation for a specific word (e.g., institute) or illustrative citations for a particular state, Ohio, say.

If the device on which you are reading this e-book allows it, the pdf format will enable you to print or to copy and paste portions, large or small, into other documents. However, since the

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work is filled with linked cross references and both the table of contents and index rely on them, most will find a print copy far less useful than the electronic original. Help with Citation Issues Beyond the Scope of this Work The "help" links available throughout the work lead back to this preface and its tips on how to find specific topics. Being an introductory work, not a comprehensive reference, this resource has a limited scope and assumes that users confronting specialized citation issues will have to pursue them into the pages of The Bluebook, the ALWD Citation Manual, or a guide or manual dealing with the citation practices of their particular jurisdiction. The cross reference tables in sections 7-300 (Bluebook) and 7-400 (ALWD), incorporated by links throughout this work, are designed to facilitate such out references. Wherever you see [BB|ALWD] at the end of a section heading you can obtain direct pointers to more detailed material in The Bluebook (by clicking on BB) or ALWD Citation Manual (ALWD). Comments, Corrections, Extensions Feedback on this e-book would be most welcome. What doesn't work, isn't clear, is missing, appears to be in error? Has a change occurred in one of the fifty states that should be reported? Comments of these and other kinds can sent by email addressed to peter.martin@ cornell.edu with the word "Citation" appearing in the subject line. Many of the features and some of the coverage of this reference are the direct result of past user questions and advice. Additional Resources A complementary series of "Citing ... in brief" video tutorials offers a quick start introduction to citation of the major categories of legal sources. These videos are also useful for review. Currently, the following are available:

1. Citing Judicial Opinions ... in Brief (8.5 minutes) 2. Citing Constitutional and Statutory Provisions ... in Brief (14 minutes) 3. Citing Agency Material ... in Brief (12 minutes)

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