lesson 2 in legal citation fall 2004 learning more about the bluebook

Lesson 2 in Legal CitationLesson 2 in Legal Citation

Fall 2004Fall 2004

Learning More about the BluebookLearning More about the Bluebook

The Leader Board- The Leader Board- Section FSection F

MondaysMondays 2626 LaysonLayson 1616 Mayhem in the a.m.Mayhem in the a.m. 1212 Johnson and Assoc.Johnson and Assoc. 1111 Jackie ChildsJackie Childs 1111 Too earliesToo earlies 88 MarshallMarshall 66

The Leader Board- The Leader Board- Section ESection E

Lucas, McTear, Paulk and RumanekLucas, McTear, Paulk and Rumanek 2020 Liles and NixLiles and Nix 1717 Citators, L.L. P.Citators, L.L. P. 1313 Free LunchFree Lunch 1111 MaGarry and NailMaGarry and Nail 1010 BluebookBluebook 99 Bluebook BeastsBluebook Beasts 66 Miller and Powell Miller and Powell 44

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

1) Citing Federal Cases1) Citing Federal Cases 2) Short Form Citations2) Short Form Citations 3) Citing Statutes3) Citing Statutes 4) Short form for Statutes4) Short form for Statutes 5) Citation Signals and Parentheticals5) Citation Signals and Parentheticals

Citing Federal CasesCiting Federal Cases

For the United States Supreme Court: Cite to the United For the United States Supreme Court: Cite to the United States Reports (U.S.)States Reports (U.S.)

Pulley v. HairPulley v. Hair, 465 U.S. 37 (1984)., 465 U.S. 37 (1984).

Use the Supreme Court Reporter (S. Ct.) or the Lawyer’s Use the Supreme Court Reporter (S. Ct.) or the Lawyer’s Edition (L. Ed.) only if the opinion is not yet published in Edition (L. Ed.) only if the opinion is not yet published in the United States Reports. If not yet reported there, cite to the United States Reports. If not yet reported there, cite to United States Law Week (U.S.L.W.) or a computer United States Law Week (U.S.L.W.) or a computer database.database.

Citing Federal Courts of AppealCiting Federal Courts of Appeal

Cite West’s Federal Reporter (F., F.2d or F.3d). Cite West’s Federal Reporter (F., F.2d or F.3d). The name of the circuit and the year go in the The name of the circuit and the year go in the parenthetical.parenthetical.

Krammer v. KrammerKrammer v. Krammer, 202 F.2d 1044 (11th Cir. , 202 F.2d 1044 (11th Cir. 1980).1980).

Citing Federal District Courts Citing Federal District Courts and Other Federal Courtsand Other Federal Courts

Cite West’s Federal Supplement (F. Supp).Cite West’s Federal Supplement (F. Supp).

The court and date go in the parenthetical. “D” if there is The court and date go in the parenthetical. “D” if there is one district. The particular abbreviations if there are more one district. The particular abbreviations if there are more than one:than one:

Ball v. Walmart Inc.Ball v. Walmart Inc., 102 F. Supp. 2d 44 (D. Mass. 1995)., 102 F. Supp. 2d 44 (D. Mass. 1995).

Citation CipheringCitation CipheringFederal casesFederal cases

What is the correct citation for a case where Mr. Dooku What is the correct citation for a case where Mr. Dooku sues a Mr. Yoda decided by the Southern District of sues a Mr. Yoda decided by the Southern District of New York in 1985 and reported in volume 100 of New York in 1985 and reported in volume 100 of West’s Federal Supplement, page 200 ? West’s Federal Supplement, page 200 ?

Dooku v. YodaDooku v. Yoda, 100 F. Supp. 200 (S.D.N.Y. 1985)., 100 F. Supp. 200 (S.D.N.Y. 1985).

Short forms for casesShort forms for cases

The first time you mention a case,The first time you mention a case,you should give the full cite. Inyou should give the full cite. Insubsequent references to that subsequent references to that case use the proper short form. See Bluebook Rule 10.9.case use the proper short form. See Bluebook Rule 10.9.

In text, you simply refer to the first name of the case (In In text, you simply refer to the first name of the case (In Brown,Brown,) Except ) Except State v. HutchcraftState v. Hutchcraft becomes, In becomes, In HutchcraftHutchcraft..


If there are no intervening cites, orIf there are no intervening cites, orin other words if you are citing a casein other words if you are citing a caseimmediately previously cited you shouldimmediately previously cited you shoulduse use Id. Id. If the page number is different If the page number is differentuse use Id.Id. at __, otherwise just use at __, otherwise just use IdId. .

See for example the form for a case discussion: See for example the form for a case discussion:

In In Britt v. DoehringBritt v. Doehring, 242 N.E.2d 667 (Mass. 1970), the , 242 N.E.2d 667 (Mass. 1970), the plaintiff . . . (don’t cite facts). The court held… plaintiff . . . (don’t cite facts). The court held… Id.Id. at 675. The at 675. The court further explained that… court further explained that… Id.Id.


When there are cites between, useWhen there are cites between, useone of the other following short formsone of the other following short formsto refer to a case previously cited. to refer to a case previously cited.

Letiecq v. DenholmLetiecq v. Denholm, 102 N.E.2d 86, 89 (Mass. 1951), 102 N.E.2d 86, 89 (Mass. 1951) may be may be shortened in any of the following ways:shortened in any of the following ways:

Letiecq v. DenholmLetiecq v. Denholm, 102 N.E.2d at 89., 102 N.E.2d at 89.

LetiecqLetiecq, 102 N.E.2d at 89., 102 N.E.2d at 89.

102 N.E.2d at 89.102 N.E.2d at 89. (Only when the name is in the text)(Only when the name is in the text)

Commercial databases –Commercial databases –Rule 18.1.1 and 10.9 (ii) for the short formRule 18.1.1 and 10.9 (ii) for the short form

Provide the case name, docket number, database identifier, Provide the case name, docket number, database identifier, court name, and full date. If a screen or page number is court name, and full date. If a screen or page number is assigned should be given with an asterix:assigned should be given with an asterix:

Clark v. United StatesClark v. United States, No. 90-266C, 1991 WL 54402, No. 90-266C, 1991 WL 54402

(D. Mass. Apr. 10, 1991). (D. Mass. Apr. 10, 1991).

Use the database identifier in constructing the short form Use the database identifier in constructing the short form ClarkClark,1991 WL 54402, at *3.,1991 WL 54402, at *3.

Citation CipheringCitation CipheringShort formsShort forms

Where the name of the case is not in the previous Where the name of the case is not in the previous sentence, there is an intervening cite and where the sentence, there is an intervening cite and where the material you want to cite is on page 180 in the material you want to cite is on page 180 in the Northeasten Reporter 2d, give two acceptable short Northeasten Reporter 2d, give two acceptable short cites for: cites for: Lopez v. AffleckLopez v. Affleck, 50 N.E.2d 177 (Mass. , 50 N.E.2d 177 (Mass. 1997). 1997).

Lopez v. AffleckLopez v. Affleck, 50 N.E.2d at 180., 50 N.E.2d at 180.LopezLopez, 50 N.E.2d at 180., 50 N.E.2d at 180.

Citing StatutesCiting Statutes

Federal StatutesFederal Statutes

State StatutesState Statutes

Short form - StatutesShort form - Statutes


Cite to the United States Code (U.S.C.) Use the title Cite to the United States Code (U.S.C.) Use the title number, the abbreviated name of the code, the number of number, the abbreviated name of the code, the number of the section or subsection, and the date of the edition. You the section or subsection, and the date of the edition. You may also include the name of the act:may also include the name of the act:

42 U.S.C. § 3412(a) (1940).42 U.S.C. § 3412(a) (1940).• OROR

Narcotic Rehabilitation Act of 1966, 42 U.S.C. § 3412(a) Narcotic Rehabilitation Act of 1966, 42 U.S.C. § 3412(a) (1970).(1970).

State StatutesState Statutes

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

Cite to the official code unless only an unofficial Cite to the official code unless only an unofficial compilation is available:compilation is available:

Ala. Code § 10-12-48 (1985) Ala. Code § 10-12-48 (1985)

MassachusettsMassachusetts Cite to Mass. Gen. Laws ch. x, § x (year) in therein . . .Cite to Mass. Gen. Laws ch. x, § x (year) in therein . . .

Annotated Codes (Federal or State)Annotated Codes (Federal or State)

If the code cited (state or federal) is not published under the If the code cited (state or federal) is not published under the supervision of governmental officials, you must identify the supervision of governmental officials, you must identify the publisher in the parenthetical that contains the year of publisher in the parenthetical that contains the year of publication:publication:

FederalFederal 42 U.S.C.A. § 322 (West 1997)42 U.S.C.A. § 322 (West 1997) 42 U.S.C.S. § 322 (Law. Co-op. 1997)42 U.S.C.S. § 322 (Law. Co-op. 1997)

State: State: Mass. Gen. Laws Ann. ch. x, § x (West year)Mass. Gen. Laws Ann. ch. x, § x (West year)

Year of the code Rule 12.3.2

When citing a bound volume of the current official When citing a bound volume of the current official code, provide parenthetically the year that appears on code, provide parenthetically the year that appears on the spine on the volume, the year that appears on the the spine on the volume, the year that appears on the title page, or the latest copyright year-in that order of title page, or the latest copyright year-in that order of preference. If the volume is a replacement of an earlier preference. If the volume is a replacement of an earlier edition, sue the year of the replacement volume, not the edition, sue the year of the replacement volume, not the year of the original.year of the original.

Citation CipheringCitation CipheringFederal StatutesFederal Statutes

Using the name of the act, give a correct cite in a Using the name of the act, give a correct cite in a citation setence for section 3(b) of the citation setence for section 3(b) of the Administrative Procedure Act, found in volume 5 Administrative Procedure Act, found in volume 5 of the United States Code, passed in 1970. of the United States Code, passed in 1970.

Admin. Procedure Act, 5 U.S.C. § 3(b) (1970).Admin. Procedure Act, 5 U.S.C. § 3(b) (1970).

Citation CipheringCitation CipheringState statutesState statutes

What is correct cite for What is correct cite for § 30(a) of chapter 266 of the in the § 30(a) of chapter 266 of the in the main volume, with the year 2000 on the spine of the main volume, with the year 2000 on the spine of the Massachusetts General Laws Annotated published by Massachusetts General Laws Annotated published by West.West.

Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000). Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000).

Short Forms for Statutes


Bluebook Rule 12.9Bluebook Rule 12.942 U.S.C. § 1983 (1988) 42 U.S.C. § 1983 (1988)

may be shortened as:may be shortened as:

42 U.S.C. § 198342 U.S.C. § 1983 or or

§ 1983 § 1983 (unless starting a sentence)(unless starting a sentence)

Short Forms for Statutes

State StatuesState Statues

Ala. Code § 12-36-204 (1987)Ala. Code § 12-36-204 (1987) may become: may become:§ 12-36-204§ 12-36-204 (unless starting a sentence) (unless starting a sentence)

Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000)Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000)

ch. 266, § 30(a) ch. 266, § 30(a) OrOr

§ 30(a) § 30(a)

See page 90 of the Bluebook.See page 90 of the Bluebook.

Citation CipheringCitation CipheringShort FormsShort Forms

§ 12-3-9§ 12-3-9 is the short cite for what full cite of a is the short cite for what full cite of a Wyoming statute published in the 1985 version Wyoming statute published in the 1985 version of the Wyoming Statutes Annotated?of the Wyoming Statutes Annotated?

Wyo. Stat. Ann. § 12-3-9 (Michie 1985).Wyo. Stat. Ann. § 12-3-9 (Michie 1985).

Citation Signals Citation Signals BLUEBOOK RULE 1.2BLUEBOOK RULE 1.2

» Citation Signals can be a short form of Citation Signals can be a short form of case citation. They also indicate the case citation. They also indicate the purpose for which a source is cited. purpose for which a source is cited.

» No signal indicates that the citation is No signal indicates that the citation is authority for the proposition of law authority for the proposition of law stated.stated.

The Form of Citation SignalsThe Form of Citation Signals

Signals are always Signals are always underscored or italicizedunderscored or italicized when they appear in citation sentences. when they appear in citation sentences. (P1(c)).(P1(c)).

There are supportive, comparative, There are supportive, comparative, contradictory, and background signals. Rule contradictory, and background signals. Rule 1.3. (See, see also, compare …with, etc.)1.3. (See, see also, compare …with, etc.)

Citations IndicatingCitations IndicatingSupportSupport

““See”See” indicates support and should be used if the indicates support and should be used if the proposition o f law obviously flows from the proposition o f law obviously flows from the source.source.

States have required defendants to prove both States have required defendants to prove both insanity and self-defense. insanity and self-defense. SeeSee State v. CarylState v. Caryl, 543 , 543 P.2d 389, 390 (Mont. 1975); P.2d 389, 390 (Mont. 1975); State v. HinsonState v. Hinson, 172 , 172 S.E.2d 548, 551 (S.C. 1970).S.E.2d 548, 551 (S.C. 1970).

Citations Indicating SupportCitations Indicating SupportParentheticalsParentheticals

““See also”See also” is used for an additional source which is used for an additional source which supports the proposition and where the sources supports the proposition and where the sources which directly state or support the proposition have which directly state or support the proposition have already been discussed. A parenthetical should already been discussed. A parenthetical should explain the relevance of the source.explain the relevance of the source.

It was clear from all the following cases that a It was clear from all the following cases that a kitchen tool is not a dangerous instrument. kitchen tool is not a dangerous instrument. IdId at 32. at 32. SeeSee alsoalso, , Ronko v. BondRonko v. Bond, 9 F.3d 2, 9 (2d Cir. 1993) , 9 F.3d 2, 9 (2d Cir. 1993) (Salad shooter held not to be a dangerous (Salad shooter held not to be a dangerous instrument).instrument).

Citation CipheringCitation CipheringParentheticalsParentheticals

Use a supportive citation signal and parenthetical to cite a Use a supportive citation signal and parenthetical to cite a Massachusetts Supreme Judicial Court decision, Massachusetts Supreme Judicial Court decision, The The Tribune Company v. BartmanTribune Company v. Bartman, rendered in 2003 and , rendered in 2003 and reported in 456 N.E.2d 202, 205, where the source reported in 456 N.E.2d 202, 205, where the source provides additional support for a prior cited source and provides additional support for a prior cited source and where the “court held that a fan could not be civilly liable where the “court held that a fan could not be civilly liable for interfering with the outcome of a game by catching a for interfering with the outcome of a game by catching a fly ball.”fly ball.”

SeeSee alsoalso Tribune Co. v BartmanTribune Co. v Bartman, 456 N.E.2d 202, 205 , 456 N.E.2d 202, 205 (Mass. 2003) (where the court held that a fan could not be (Mass. 2003) (where the court held that a fan could not be civilly liable for interfering with the outcome of a game by civilly liable for interfering with the outcome of a game by catching a fly ball). catching a fly ball).

lesson 2 in legal citation fall 2004 learning more about the bluebook

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