an introduction to legal citation fall 2004 learning how to use the bluebook

An Introduction to Legal CitationAn Introduction to Legal Citation

Fall 2004Fall 2004

Learning How to Use the BluebookLearning How to Use the Bluebook

The Open Memo AssignmentThe Open Memo Assignment

Your outlines and source lists are due in class on Your outlines and source lists are due in class on Thursday. Please use your anonymous numbers.Thursday. Please use your anonymous numbers.

The Research PathThe Research Path

The Outline (3 pages double-spaced)The Outline (3 pages double-spaced)• - Review the sample.- Review the sample.

The source list must be divided by issue (1 page)The source list must be divided by issue (1 page)

Beating the Bluebook BluesBeating the Bluebook Blues

The Bluebook: A UniformThe Bluebook: A Uniform System of Citation System of Citation is your resource for drafting is your resource for drafting legal citations. legal citations.

*Note A.L.W.D. Manual*Note A.L.W.D. Manual

Parts of the bluebookParts of the bluebook

1) The introduction- gives you some sample citations and 1) The introduction- gives you some sample citations and identifies the parts.identifies the parts.

2) Practitioner’s notes adapt some law review examples to 2) Practitioner’s notes adapt some law review examples to the simpler style used in legal memoranda. See P.1. the simpler style used in legal memoranda. See P.1.

3) The Rules 1-21.3) The Rules 1-21.

4) Tables (1-17) T.1- Jurisdictions T.6-Abbreviations etc.4) Tables (1-17) T.1- Jurisdictions T.6-Abbreviations etc.

5) Index- to locate rules5) Index- to locate rules

6) Back Cover Quick Reference6) Back Cover Quick Reference

Getting Familiar Getting Familiar with the Bluebookwith the Bluebook

Rules 1 to 9Rules 1 to 9 sets forth general standards and style to be used sets forth general standards and style to be used throughout legal writing. throughout legal writing.

Rules 10 to 21 Rules 10 to 21 present specific rules for cases, statutes, present specific rules for cases, statutes, books, periodicals and so forth.books, periodicals and so forth.

• Rule 10 deals with citing cases Rule 10 deals with citing cases

• Rule 12 deals with citing statutes.Rule 12 deals with citing statutes.

A case citation includes:A case citation includes:

The case name,The case name, the source where case may be the source where case may be found,found, and parenthetical information including the and parenthetical information including the court, jurisdiction, the date.court, jurisdiction, the date.

Coblyn^v.^Kennedy’s^Inc.Coblyn^v.^Kennedy’s^Inc.,,^268^N.E.2d^ ^268^N.E.2d^ 860^860^(Mass.^1971)(Mass.^1971)..

Pinpoint CitesPinpoint Cites

When citing to a specific When citing to a specific passage within a decision, passage within a decision, cite to the specific page orcite to the specific page orpages on which the passagepages on which the passageappears.appears.

For Example:For Example:Owen v. HampsonOwen v. Hampson, 202 So. 2d , 202 So. 2d 245, 247 245, 247 (Ala. 1952)(Ala. 1952)

When to and not to use pinpoint citations

Pin cite rules of law.Pin cite rules of law.

Pin cite any of the court’s reasoning.Pin cite any of the court’s reasoning.

Pin cite direct quotes.Pin cite direct quotes.

When NOT toWhen NOT to Do not pin cite or even cite the facts of a case.Do not pin cite or even cite the facts of a case.

Provide a full cite but not a pinpoint cite the fist time you Provide a full cite but not a pinpoint cite the fist time you introduce a case. introduce a case.

Coblyn^v.^Kennedy’s^Inc.Coblyn^v.^Kennedy’s^Inc.,,^268^N.E.2d^ ^268^N.E.2d^ 860,862^860,862^(Mass.^1971)(Mass.^1971)..

Purpose and Use of Citations :Purpose and Use of Citations :

The purpose of a citation is to tell the reader where The purpose of a citation is to tell the reader where to find the source of information cited;to find the source of information cited;

To provide information about the weight and To provide information about the weight and persuasiveness of the source;persuasiveness of the source;

To convey the type and degree of support; To convey the type and degree of support;

And to demonstrate that a position is well supported And to demonstrate that a position is well supported and researched.and researched.

Rule 6.1Rule 6.1Line SpacingLine Spacing

In general closeIn general close up all adjacent up all adjacent single capitals: single capitals:

N.W.N.W. S.D.N.Y.S.D.N.Y. Do not close up single capitals with longer abbreviations:Do not close up single capitals with longer abbreviations:

D.^MassD.^Mass S.^Ct.S.^Ct.

Rule 6.1; Rule 6.1; Line SpacingLine Spacing

Individual numbersIndividual numbersincluding both numeralsincluding both numeralsand ordinals, are and ordinals, are treated as single treated as single capitals:capitals:

P.2dP.2d N.E.2d.N.E.2d.

BUTBUT

So.^2dSo.^2d F.^Supp.^2dF.^Supp.^2d

Where to CiteWhere to Cite

In legal memorandum and appellate briefs, you In legal memorandum and appellate briefs, you cite legal authority within the text rather than in cite legal authority within the text rather than in footnotes.footnotes.

In other forms of writing such as law review In other forms of writing such as law review articles, you cite legal authority in footnotes.articles, you cite legal authority in footnotes.

Citation Ciphering

For the next several classes, we will cover how to properly For the next several classes, we will cover how to properly cite cases and statutes.cite cases and statutes.

BUT THAT’S NOT ALL!BUT THAT’S NOT ALL!You also “get” to playYou also “get” to playCitation Ciphering.Citation Ciphering.

When you see either ofWhen you see either ofthese images, your teamthese images, your teamshould agree on ashould agree on acite for points (5,4, 3…)cite for points (5,4, 3…)

Rule 10: Rule 10: How to Cite Case LawHow to Cite Case Law

1) Citing Cases Generally1) Citing Cases Generally 2) Abbreviations of Case Names2) Abbreviations of Case Names 3) Citing State Cases3) Citing State Cases 4) Citing Federal Cases4) Citing Federal Cases 5) Short Form Citations5) Short Form Citations

Case Citations Case Citations Generally; Rule 10.2Generally; Rule 10.2

Case names are cited . . .Case names are cited . . .

in the text of a document (Rule 10.2.1.)in the text of a document (Rule 10.2.1.)

OrOr

in a citation clause or sentence (Rule 10.2.2).in a citation clause or sentence (Rule 10.2.2).

Citations in the Text;Citations in the Text; Rule 10.2.1 Rule 10.2.1

Example of a citation within a textual sentence:Example of a citation within a textual sentence:

In In Coblyn^v.^Kennedy’s^Inc.Coblyn^v.^Kennedy’s^Inc.,^268^N.E.2d^ ,^268^N.E.2d^ 860^(Mass.^1971) the plaintiff went into a store to 860^(Mass.^1971) the plaintiff went into a store to buy a sport coat. buy a sport coat.

The Citation Sentence; Rule 10.2.2

A citation sentence is separated from text just as any other A citation sentence is separated from text just as any other sentence would be. It begins with a a capital letter and sentence would be. It begins with a a capital letter and ends with a period. Example of a a citation sentence:ends with a period. Example of a a citation sentence:

The owner or keeper of an animal will be charged with the The owner or keeper of an animal will be charged with the knowledge of the propensities of the breed of the animal knowledge of the propensities of the breed of the animal that he or she owns. that he or she owns. Humphries v. Rice,Humphries v. Rice, 600 So. 2d 975, 600 So. 2d 975,

976 (Ala. 1992).976 (Ala. 1992).

Rules for Citing Cases: Rule 10.2.1 (a)-(j)/10.2.2

Although Rule 10.2.1 covers textual cites, Rule 10.2.2 explains that the rule in 10.2.1 (a-j) apply to citation sentences also.

Use the last name of the party for each side. If one side has more than one party, use only the name of the first party (not et al.) Rule 10.2.1 (a)

Generally you may omit “The” as the first word of a party’s name. 10.2.1(d)

General Rules for Citing Cases;General Rules for Citing Cases;Rule 10.2.1 (a)-(j)Rule 10.2.1 (a)-(j)

Also omit geographical terms such as “State of” or Also omit geographical terms such as “State of” or “Commonwealth of” except when citing decisions of the “Commonwealth of” except when citing decisions of the court of that state in which case only use the geographical court of that state in which case only use the geographical term but omit the “of”. term but omit the “of”. 10.2.1(f)10.2.1(f)

For example: For example: State v. DavisState v. Davis

Omit “City of” and like expressions unless the expression Omit “City of” and like expressions unless the expression begins a party name:begins a party name:

Mayor of Tuscaloosa v. WarnerMayor of Tuscaloosa v. Warner BUTBUT Hale v. City of TuscaloosaHale v. City of Tuscaloosa

General Rules for Citing Cases;General Rules for Citing Cases; Rule 10.2.1 (a)-(j) Rule 10.2.1 (a)-(j)

Omit “Inc.,” “Ltd.””L.L.C.,” “F.S.B.” and similar terms if the name also contains a word such as “Co.,” “Corp..” or “Ass’n,” clearly indicating that the party is a business firm. Rule 10.2.1(h)

• Jacques v. Childs Dining Hall Co.,

Rather than

• Jacques v. Childs Dining Hall Co., Inc.

Citation Ciphering: Citation Ciphering: Case NamesCase Names

What is the correct What is the correct case namecase name (the first part of the cite (the first part of the cite which identifies the parties, not the full cite) where Billy which identifies the parties, not the full cite) where Billy Bob Thorton and Angela Joly sue The Miami Herald. Bob Thorton and Angela Joly sue The Miami Herald.

Thorton v. Miami HeraldThorton v. Miami Herald

10.2.1(a) and (d) 10.2.1(a) and (d)

Citation Ciphering: Citation Ciphering: Case NamesCase Names

What is the correct What is the correct case namecase name of a memo you are of a memo you are writing for a Massachusetts law firm, where Miller writing for a Massachusetts law firm, where Miller Drug Co., L.L.C. sues the State of Massachusetts.Drug Co., L.L.C. sues the State of Massachusetts.

Miller Drug Co. v. StateMiller Drug Co. v. State, ,

10.2.1(b) and (f) 10.2.1(b) and (f)

Abbreviating Case Names

Abbreviating varies somewhat depending upon whether you Abbreviating varies somewhat depending upon whether you are using a textual sentence or a citation sentence.are using a textual sentence or a citation sentence.

If the case names appear in If the case names appear in the textthe text, you may only abbreviate , you may only abbreviate certain widely recognized acronyms in certain widely recognized acronyms in Rule 6.1(b)Rule 6.1(b) (CBS, (CBS, CIA, FCC, FDA, NAACP and NLRB) and eight words listed CIA, FCC, FDA, NAACP and NLRB) and eight words listed in in Rule 10.2.1(c) Rule 10.2.1(c) (Ass’n, Bros. Co., Corp., Inc., Ltd. and No.)(Ass’n, Bros. Co., Corp., Inc., Ltd. and No.)

Abbreviating Case Names

However, if the case name appears in a However, if the case name appears in a citationcitation, , Rule 10.2.2 Rule 10.2.2 tells you that you must also use the abbreviations listed in tells you that you must also use the abbreviations listed in Table 6 (common abbreviations) and in Table 11 Table 6 (common abbreviations) and in Table 11 (abbreviations for geographical terms). (abbreviations for geographical terms).

Never abbreviate the United States.Never abbreviate the United States.

United States v. LangleyUnited States v. Langley

Citation Ciphering: Citation Ciphering:

AbbreviatingAbbreviating

What is the correct case name in a What is the correct case name in a textual sentencetextual sentence, where , where the Bates Association sues the Central Intelligence the Bates Association sues the Central Intelligence Agency?Agency?

Bates Ass’n v. CIABates Ass’n v. CIA

10.2.1 (c) and 6.1(b)10.2.1 (c) and 6.1(b)

Citation Ciphering: Citation Ciphering:

AbbreviatingAbbreviating

What is the correct case name in a What is the correct case name in a citation sentencecitation sentence, , where the Grimes sues Liberty National Life where the Grimes sues Liberty National Life Insurance Company?Insurance Company?

Grimes v. Liberty Nat’l Life Ins. Co.Grimes v. Liberty Nat’l Life Ins. Co., , 10.2.2 (a) and T. 610.2.2 (a) and T. 6

Citing State Courts Citing State Courts (Rule 10.4(b)/T.1)(Rule 10.4(b)/T.1)

In general , your cite should indicate the state and In general , your cite should indicate the state and the court of decision in the parenthetical. the court of decision in the parenthetical.

Smith v. StateSmith v. State, 745 N.E.2d 922 , 745 N.E.2d 922 (Mass. App. Ct. 1972).(Mass. App. Ct. 1972).

BUT, do not include the BUT, do not include the name of the courtname of the court, if the , if the decision is the highest court of the state.decision is the highest court of the state.

Britton v. DoehringBritton v. Doehring, 242 N.E.2d 665 , 242 N.E.2d 665 (Mass. 1988).(Mass. 1988).

Citing State CourtsCiting State Courts (Rule 10.4/T.1)(Rule 10.4/T.1)

However, if the name of the state appears in the However, if the name of the state appears in the REPORTER TITLE then you should leave it out REPORTER TITLE then you should leave it out

of the parentheticalof the parenthetical. .

Tomcsik v. KramerTomcsik v. Kramer, 499 Mass. 376 , 499 Mass. 376 (1868).(1868).

Citing State CourtsCiting State Courts Rule 10.4(b)Rule 10.4(b)

Check Table T.1 for each jurisdiction.Check Table T.1 for each jurisdiction. MassachusettsMassachusetts

For the Supreme Judicial Court (Mass.), cite to For the Supreme Judicial Court (Mass.), cite to N.E. or N.E.2d. If therein otherwise cite to. . .N.E. or N.E.2d. If therein otherwise cite to. . .

Foley v. Polaroid Corp.Foley v. Polaroid Corp., 508 N.E.2d 72 (Mass. 1987), 508 N.E.2d 72 (Mass. 1987)

For the Appeals Court (Mass. App Ct.) cite to For the Appeals Court (Mass. App Ct.) cite to N.E.2d if therein otherwise . . .N.E.2d if therein otherwise . . .

Smith v. StateSmith v. State, 745 N.E.2d 922 (Mass. App. Ct. 1999)., 745 N.E.2d 922 (Mass. App. Ct. 1999).

Citation Ciphering: Citation Ciphering: State CourtsState Courts

What is correct cite in a citation sentence for a What is correct cite in a citation sentence for a Massachusetts Supreme Judicial Court case Massachusetts Supreme Judicial Court case decided in 1995 where Williams sues Hill reported decided in 1995 where Williams sues Hill reported at 658 N.E.2d 381? at 658 N.E.2d 381?

Williams v. Hill, 658 N.E.2d 381 (Mass. 1995).

Citation Ciphering: Citation Ciphering: State CourtsState Courts

How about specific material in the Massachusetts Appeals Court case on page 743, of a case reported at 671 N.E.2d 741 and decided in 1995 where Scott sues Donkel?

Scott v. Donkel, 671 N.E.2d 741, 743 (Mass. App. Ct. 1995).

an introduction to legal citation fall 2004 learning how to use the bluebook

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