Enjoy the musicEnjoy the musicWe will start at the top of We will start at the top of

the hour.the hour.

Unit FourUnit Four

By Richard R. HermesBy Richard R. Hermes

How to Cite Statutes?How to Cite Statutes? Federal Statutes: Federal Statutes: Cite to U.S.C. or Cite to U.S.C. or

U.S.C.A. U.S.C.A. 12 U.S.C. § 1986 (West 1996). 12 U.S.C. § 1986 (West 1996). 12 U.S.C.A. § 1986 (1996).12 U.S.C.A. § 1986 (1996).

State Statutes: The form varies by state. State Statutes: The form varies by state. Cal. Pen. Code § 187 (West 1989). Cal. Pen. Code § 187 (West 1989). Neb. Stat. Ann. § 212-414(b) (West 1990).Neb. Stat. Ann. § 212-414(b) (West 1990).

Note: Look under Statutory Compilations for Note: Look under Statutory Compilations for each State in your Bluebook.each State in your Bluebook.

How to Cite Constitutions?How to Cite Constitutions?

Federal: Federal: U.S. Const. amend. XX U.S. Const. amend. XX U.S. Const. art. I, § 2, cl. 3U.S. Const. art. I, § 2, cl. 3

State: State: Cal. Const. art. XIVCal. Const. art. XIV

Purpose of Citation

Identify the document and document part to which the writer is referring

Provide the reader with sufficient information to find the document or document part

Furnish important additional information about the referenced material and its connection to the writer's argument to assist readers in deciding whether or not to pursue the reference

Law Reporter

A law reporter (or “law report”) is a published volume of judicial decisions by a particular court or group of courts.

Law reports may be either official (published by the government) or unofficial (published by a private publisher).

Court citations frequently include the names of both the official and unofficial reports.

U.S. Supreme Court Cases

The opinions of the U.S. Supreme Court are published officially in a set of case books called the United States Reports.

In the citation Morgan v. United States, 304 U.S. 1 (1938), “304 U.S. 1” is the abbreviation from the U.S. Reports.

Commercial Publishers

Supreme Court cases also appear in:

The Supreme Court Reporter (S. Ct.) published by Thomson-West and;

The United States Supreme Court Reports, Lawyers' Edition 2d (L. Ed.) published by Lexis

Supreme Court Reporter (S.Ct.)

United States Supreme Court Reports, Lawyers' Edition (L. Ed., L. Ed.2d)

What is a parallel citation?

A parallel citation is an additional reference to a case that has been reported in more than one reporter. Legal writers generally Legal writers generally use a parallel citation only where a local court rule or local custom use a parallel citation only where a local court rule or local custom demands that they do so.demands that they do so.

Bluebook citation reads: Morgan v. United States, 304 U.S. 1 (1938)

The same reference including parallel citations reads: Morgan v. United States, 304 U.S. 1, 58 S. Ct. 773, 82 L. Ed. 1129 (1938)

The main citation is to the U.S. Reports (U.S.) and the parallel citations are to the Supreme Court Reporter (S. Ct.) and to the Lawyer's Edition (L. Ed.)

What is the Federal Reporter?

The Federal Reporter (“F.2d” or “F.3d”) is case law reporter containing opinions from the U.S. courts of appeals and the court of Federal Claims.

Example: Mejdrech v. Met-Coil Systems Corp., 319 F.3d 910 (7th Cir. 2003)

What is the Federal Supplement?

The Federal Supplement Reporter (“F. Supp.” or “F. Supp. 2d”) is case law reporter containing select opinions from U.S. District Courts.

Example: Potts v. Dyncorp Intern. LLC, 465 F. Supp. 2d 1245 (M.D. Ala. 2006)

State Cases: Regional Reporters

State cases are published in regional reporters. West's National Reporter System is a set of reporters that divides the 50 states and the District of Columbia into seven regions:

South Western Reporter (S.W.2d, S.W.3d) Atlantic Reporter (A.2d) North Eastern Reporter (N.E.2d) North Western Reporter (N.W.2d) Pacific Reporter (P.2d, P.3d) South Eastern Reporter (S.E.2d) Southern Reporter (So.2d)

Map of Regional Reporters

Minnesota State Cases

Minnesota Supreme Court:Minnegasco, Inc. v. County of Carver, 447 N.W.2d 878 (Minn. 1989)

Minnesota Court of Appeals:Great W. Cas. Co. v. Christenson, 450 N.W.2d 153 (Minn. Ct. App. 1990)

Minnesota State Capitol

Wisconsin State Cases

Wisconsin Supreme Court:Aicher v. Wis. Patients Comp., 613 N.W.2d 849, 865 (Wis. 2000)

Wisconsin Court of Appeals:Sudgen v. Bock, 641 N.W.2d 693 (Wis. Ct. App. 2002)

Wisconsin Supreme Court

Party Names

Do not include first names of parties, unless they are the name of a corporation:

Cite as: Smith v. JonesDo not cite as: John Smith v. Paul Jones

Cite as: Baker v. John Smith Inc.

Party Names

If there is more than one plaintiff or defendant, use only the first party on each side.

Cite as: Bush v. GoreDo not cite as: George W. Bush and Richard Cheney, Petitioners v. Albert Gore, Jr., et al.

Abbreviations in Case Names

Check the Bluebook for common abbreviations.Look in the Index for various pages to find how

toabbreviate various items

Common Abbreviations:University = Univ.Association = Assn.Corporation = Corp.

Case Names

Use “v.” and not “vs.”Use italics (not underlines)

Correct: Bush v. Gore Incorrect: Bush vs. GoreIncorrect: Bush v. Gore

Components of a Citation

Plessey v. Ferguson, 163 U.S. 537 (1896)

Name of the Reporter

Year of the Decision

Names of the PartiesVolume Number

Page Number

Dates

Generally, include only the year of the decision.

Example (reported case):

Bush v. Gore, 531 U.S. 98 (2000)

If the case is unpublished, include the month, day, and year.

Example (unreported case):

Castro v. City of Chicago,1998 WL 801814 (N.D. Ill. Nov. 13, 1998).

United States

Under the Bluebook, use “United States” when the United States is a party

Do not use “U.S.” or “United States of America”

“United States” is never abbreviated when the United States is a party in a case name. However, it may be abbreviated as part of another party’s name, like any other word in T.11. In textual sentences, “U.S.” may be used as an adjective, but it should never be used as a noun. For example: United States v. Church of Scientology W. U.S., 973 F.2d 715 (9th Cir. 1992).

Short Cite: Consecutive Citations

Give the long cite when a case is first cited in a document. On references to the same case immediately following that case (or “consecutive citations”) use the short cite format with “Id.”

Full cite: McDonald v. EubanksMcDonald v. Eubanks, 731 S.W.2d 769, 770 , 731 S.W.2d 769, 770 (Ark. 1987). (Ark. 1987).

Short cite still citing page 770: Id.Id. Short cite now citing page 771: Short cite now citing page 771: Id.Id. at 771. at 771.

Short Cite: Non-consecutive Citations

If the long cite has been previously given but the cite does not immediately follow the cite (e.g. new cites are given), use the short cite format for non-consecutive citations.

Long Cite: “The Fourth Amendment protects people, not places.” Katz v. United States, 375 U.S. 76, 82 (1965).

Short Cite (non-consecutive citation): “The Fourth Amendment protects people, not places.” Katz, 375 U.S. at 82.

What is a pinpoint citation?

A pinpoint citation is the page on which a quotation or relevant passage appears, as opposed to the page on which a case or article begins.

For example, the number 217 refers to the page number in the pinpoint citation for Baker v. Carr, 369 U.S. 186, 217 (1962)

Also called jump cite; pincite

McConnell v. Federal Election Commission, 540 U.S. 93 (2003) is a U.S. Supreme Court case 300 pages in length. Imagine trying to find a quote in a 300 page case without a pinpoint cite. Aaaargh!

PinciteMore examples:

Long cite: “The Fourth Amendment protects people, not places.” Katz v. United States, 375 U.S. 76, 82 (1965).

Short cite (consecutive): “The Fourth Amendment protects people, not places.” Id. at 82.

Short cite (non-consecutive): “The Fourth Amendment protects people, not places.” Katz, at 82.

The first page of the opinion is on page 76 and the page where the quotation appears is on page 82.

More Examples: Cases

U.S. Court of Appeals for the Seventh Circuit:

Kennedy v. Nat'l Juvenile Det. Ass'n, 187 F.3d 690 (7th Cir. 1999)

U.S. District Court, District of Minnesota:

Haghighi v. Russian-American Broad. Co., 945 F. Supp. 2d, 1233 (D. Minn. 1996)

Unpublished Cases

Cases published in law reporters are “reported” or “published” cases.

Unpublished cases may also appear on court websites or Westlaw and Lexis, the leading online legal research services.

Courts may have local rules that prohibit attorneys from citing to unpublished cases.

Web Resources

http://www.law.cornell.edu/citation/Introduction to Legal Citation; Lots of Examples

http://www.legalbluebook.com/Official Bluebook Site (online subscription

available and FAQs)

In any online research engine:In any online research engine:

Make sure you are limiting your search Make sure you are limiting your search by the jurisdiction.by the jurisdiction.

Searching Statutes HintsSearching Statutes Hints

Take a look at the video I posted Take a look at the video I posted in Announcements today. It will in Announcements today. It will help you with the assignment this help you with the assignment this week.week.

Notice that in the video I use the Notice that in the video I use the term “contributory negligence” term “contributory negligence” while the scenario uses a different while the scenario uses a different term.term.

There are subtle differences There are subtle differences between “contributory negligence” between “contributory negligence” and “comparative negligence” and “comparative negligence” statutes from state to state.statutes from state to state.

Note: often times the words Note: often times the words “negligence” and “fault” are used “negligence” and “fault” are used interchangeably. interchangeably.

Here is a link that will help you see how Here is a link that will help you see how each state has fashioned their laws in this each state has fashioned their laws in this area.area.

http://www.the-injury-lawyer-http://www.the-injury-lawyer-directory.com/negligence_chart.htmldirectory.com/negligence_chart.html

Cut and paste this into a search engine.Cut and paste this into a search engine.

Assignment for Unit FourAssignment for Unit Four

Based on the slip and fall fact Based on the slip and fall fact pattern from the previous two pattern from the previous two weeks please provide the weeks please provide the following information. Please note following information. Please note the additional facts that were the additional facts that were brought into the case that will help brought into the case that will help with this week’s research.with this week’s research.

Just to refresh your memory here Just to refresh your memory here are the facts that we have so far:are the facts that we have so far:

Samantha Smith came into our Samantha Smith came into our office. She was shopping at a office. She was shopping at a local grocery store a few months local grocery store a few months ago and had an accident. While ago and had an accident. While she was in the aisle with shower she was in the aisle with shower items she slipped and fell on items she slipped and fell on some shampoo that had leaked some shampoo that had leaked out of one of the bottles.out of one of the bottles.

Samantha had to be taken to the Samantha had to be taken to the hospital. She was diagnosed with hospital. She was diagnosed with a broken hip and had to spend the a broken hip and had to spend the night at the hospital. She will also night at the hospital. She will also have to go through many months have to go through many months of physical therapy. Samantha has of physical therapy. Samantha has no healthcare insurance and is a no healthcare insurance and is a young single mother to a 2 year young single mother to a 2 year old son.old son.

The store says that they were not The store says that they were not aware of the spill of the shampoo. aware of the spill of the shampoo. The store said that an employee The store said that an employee checks the aisles for anything on checks the aisles for anything on the floors at the top of the hour. the floors at the top of the hour. The day Samantha fell, the The day Samantha fell, the employee in charge of the aisle employee in charge of the aisle inspection was an older inspection was an older gentleman with glasses. gentleman with glasses.

The shampoo on the floor was a The shampoo on the floor was a clear gel. She fell about 1:30 p.m. clear gel. She fell about 1:30 p.m. The store log says an inspection The store log says an inspection was last done at 1:00 p.m. The was last done at 1:00 p.m. The accident happened at a store in accident happened at a store in Indiana.Indiana.

We filed a complaint in trial court We filed a complaint in trial court alleging negligence on the part of alleging negligence on the part of the store and seeking damages the store and seeking damages for Samantha’s injuries. In its for Samantha’s injuries. In its answer to our complaint that we answer to our complaint that we filed last month, the store alleges filed last month, the store alleges that Samantha had a duty to avoid that Samantha had a duty to avoid the spill in the aisle.the spill in the aisle.

The store claims that she is at much as The store claims that she is at much as fault as they are. Further they allege that fault as they are. Further they allege that she was too distracted by her 2 year old she was too distracted by her 2 year old son in the cart, who was misbehaving, to son in the cart, who was misbehaving, to notice the floor.notice the floor.

Part I:Part I: Please search for a statute in Indiana that Please search for a statute in Indiana that

discusses comparative fault. Please discusses comparative fault. Please provide the full citation to the statute as provide the full citation to the statute as well as a short FIRAC applying it to this well as a short FIRAC applying it to this case. Your FIRAC should be in the form of case. Your FIRAC should be in the form of a short interoffice memorandum.a short interoffice memorandum.

Part II:Part II: Try finding a comparative fault statute for Try finding a comparative fault statute for

another state. Give the full citation and a another state. Give the full citation and a short summary of the statute.short summary of the statute.

Take a look at the video I posted today to Take a look at the video I posted today to help you streamline your search when help you streamline your search when looking for state statutes.looking for state statutes.

No Seminar Next WeekNo Seminar Next Week

Next week is a good opportunity to catch Next week is a good opportunity to catch up on reading and other item.up on reading and other item.

Look ahead the second half of the course.Look ahead the second half of the course.