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Intro to Law and Legal Process
Unit 9 Overview: Legal Research and Writing Skills
9.1 Legal research methods
9.2 Legal citation
9.3 Legal writing styles
9.4 Memoranda and briefs
9.5 Oral advocacy

Legal citation is a crucial skill for law students and professionals. It provides a standardized way to reference legal authorities, ensuring transparency and credibility in legal writing. Proper citation allows readers to locate sources, verify claims, and understand the precedential value of cited authorities.

Legal citations typically include case names, reporter information, court and year details, and pinpoint page numbers. The Bluebook and ALWD Guide are common citation systems, each with specific rules for formatting citations for various legal sources like cases, statutes, and administrative materials.

  • Legal citation is a standardized method of referencing legal authorities, such as cases, statutes, and regulations, in legal writing
  • Proper legal citation allows readers to locate and verify the sources used in a legal document, ensuring transparency and credibility
  • Legal citation helps establish the precedential value of the cited authority, indicating its relevance and persuasiveness to the argument being made
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  • Case names in legal citations typically include the names of the parties involved in the case (e.g., Marbury v. Madison)
  • The case name is usually italicized or underlined to distinguish it from other elements of the citation
  • In some instances, case names may be abbreviated, especially for well-known or frequently cited cases (e.g., Roe v. Wade)
  • Reporter information identifies the specific source where the case can be found, such as the volume number, reporter abbreviation, and page number
  • Examples of commonly used reporters include the United States Reports (U.S.) for Supreme Court cases and the Federal Reporter (F., F.2d, or F.3d) for federal appellate cases
  • State cases are often cited using the official state reporter or a regional reporter, such as the North Eastern Reporter (N.E., N.E.2d) or the Pacific Reporter (P., P.2d, P.3d)
  • The court that decided the case and the year of the decision are typically included in the citation
  • The court is often indicated by an abbreviation, such as "U.S." for the United States Supreme Court or "9th Cir." for the United States Court of Appeals for the Ninth Circuit
  • The year of the decision is placed in parentheses following the reporter information (e.g., 410 U.S. 113 (1973))

Pinpoint page numbers in legal citation

  • Pinpoint page numbers, also known as jump citations or pincites, direct the reader to the specific page or pages within the cited source that are relevant to the discussion
  • Pinpoint citations are placed after the page on which the case begins, separated by a comma or "at" (e.g., 410 U.S. 113, 153 or 410 U.S. 113 at 153)
  • Providing pinpoint citations enhances the precision and usefulness of the citation for the reader
  • Parallel citations refer to the practice of citing a single case using multiple reporters
  • This is often done when a case is reported in both an official reporter and a commercial reporter (e.g., 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147)
  • Parallel citations are typically separated by commas and ordered according to the priority of the reporters

Signals in Bluebook citation

  • Signals are used to indicate the relationship between the cited authority and the proposition it supports
  • Common signals include "see" (the authority directly states the proposition), "see also" (the authority supports the proposition, but not directly), and "cf." (the authority supports the proposition by analogy)
  • Signals are placed before the citation and are typically italicized (e.g., See Marbury v. Madison, 5 U.S. 137 (1803))

Introductory phrases in Bluebook citation

  • Introductory phrases or explanatory words can be used to provide context or clarification for a citation
  • These phrases are placed in parentheses before the citation and are not italicized (e.g., (discussing the scope of judicial review) Marbury v. Madison, 5 U.S. 137 (1803))
  • Introductory phrases should be used sparingly and only when necessary for clarity

Order of authorities in Bluebook citation

  • The Bluebook provides guidelines for the order in which authorities should be cited when multiple sources are referenced
  • Generally, the order is as follows: constitutions, statutes, cases, regulations, and secondary sources
  • Within each category, authorities are typically arranged in descending order of authority (e.g., federal, then state) and reverse chronological order

Short form citations in Bluebook

  • Short form citations, also known as "id." or "supra," are used to refer to a source that has been previously cited in full
  • "Id." is used when the immediately preceding citation is the same source, while "supra" is used when the source has been cited earlier but not immediately preceding
  • Short form citations help avoid repetition and improve readability (e.g., Id. at 153)

Differences between ALWD and Bluebook

  • The ALWD Guide to Legal Citation is an alternative citation manual to the Bluebook, providing a more straightforward and user-friendly approach to legal citation
  • While the ALWD Guide and the Bluebook share many similarities, there are some differences in formatting, abbreviations, and the use of specific elements
  • For example, the ALWD Guide uses a single format for all case names (e.g., Marbury v. Madison), while the Bluebook distinguishes between case names in textual sentences and citations
  • Cases are cited using the elements discussed earlier: case name, reporter information, court, year, and pinpoint citations
  • The format for citing cases remains largely consistent across different citation manuals, with minor variations in abbreviations and punctuation
  • Examples: Marbury v. Madison, 5 U.S. 137 (1803); Roe v. Wade, 410 U.S. 113 (1973)
  • Statutes are cited by providing the name of the code or compilation in which the statute appears, followed by the specific section or provision
  • Federal statutes are often cited using the United States Code (U.S.C.), while state statutes are cited using the official state code
  • Examples: 42 U.S.C. § 1983; Cal. Penal Code § 187
  • Constitutions are cited by indicating the constitution being referenced (e.g., U.S. Const. or [State] Const.), followed by the article, amendment, or section
  • When citing a specific clause within a constitutional provision, the clause name is included (e.g., U.S. Const. art. I, § 8, cl. 3)
  • Examples: U.S. Const. amend. XIV, § 1; N.Y. Const. art. I, § 6
  • Legislative materials, such as bills, resolutions, and committee reports, are cited using the name of the legislative body, the document type, and any identifying numbers
  • Examples: H.R. Rep. No. 116-252 (2019); S. Res. 123, 116th Cong. (2019)
  • Administrative materials, including regulations, agency decisions, and executive orders, are cited using the name of the agency, the document type, and any identifying numbers
  • Federal regulations are cited using the Code of Federal Regulations (C.F.R.), while agency decisions may be cited using official reporters or docket numbers
  • Examples: 45 C.F.R. § 164.502; SEC v. Chenery Corp., 332 U.S. 194 (1947)
  • Books are cited by providing the author's name, the title of the book, the edition (if applicable), and the year of publication
  • If citing a specific portion of the book, page numbers or section numbers are included
  • Example: Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1476 (3d ed. 2002)
  • Periodicals, such as law review articles and journals, are cited by providing the author's name, the title of the article, the name of the periodical, the volume and issue numbers, the year of publication, and the page numbers
  • Examples: John O. McGinnis & Michael B. Rappaport, Originalism and the Good Constitution, 98 Geo. L.J. 1693 (2010)
  • Internet sources are cited by providing the author's name (if available), the title of the webpage or document, the name of the website, the URL, and the date of access
  • If the source is not paginated, paragraph numbers or section headings may be used for pinpoint citations
  • Example: Legal Citation, Cornell Law School Legal Information Institute, https://www.law.cornell.edu/citation (accessed Apr. 1, 2023)
  • Legal citation serves the purpose of attributing ideas, arguments, and statements to their original sources
  • By properly citing authorities, legal writers acknowledge the intellectual work of others and give credit where it is due
  • Attribution through legal citation demonstrates the writer's research and enhances the credibility of the argument
  • Legal citations are used to support arguments by referencing precedents, or previously decided cases, that are binding or persuasive
  • By citing relevant precedents, legal writers show that their arguments are grounded in established legal principles and reasoning
  • The use of precedents through legal citation helps maintain consistency and predictability in the law
  • Proper legal citation helps avoid plagiarism by clearly distinguishing between the writer's original ideas and those borrowed from other sources
  • By attributing ideas and arguments to their original authors through citation, legal writers maintain academic integrity and avoid misrepresenting others' work as their own
  • Legal citation serves as a safeguard against unintentional plagiarism and promotes ethical scholarship
  • Improper legal citation can have serious consequences for legal writers, including:
    • Weakening the persuasiveness of the argument by failing to provide adequate support
    • Undermining the writer's credibility and professionalism
    • Exposing the writer to allegations of plagiarism or academic misconduct
  • In academic settings, improper legal citation may result in lower grades, disciplinary action, or even expulsion
  • In professional settings, improper legal citation can lead to sanctions, damage to reputation, and potential legal liability

Key Terms to Review (25)

Legislative Materials: Legislative materials refer to the documents and resources produced during the lawmaking process, including bills, amendments, committee reports, and legislative histories. These materials are essential for understanding the intent behind laws, tracking their progress through various legislative stages, and interpreting statutory language. They provide critical context and insight into how laws are shaped and enacted.
Signals in bluebook citation: Signals in Bluebook citation are shorthand indicators that help readers understand the relationship between cited sources and the proposition being supported. They provide clarity on how a source is used, whether it supports a statement, contradicts it, or provides a general reference. These signals enhance the effectiveness of legal writing by clearly guiding the reader through the argumentation.
Parallel citations: Parallel citations are multiple references to the same legal case or statute in different reporting systems, allowing readers to locate the same legal document across various sources. This practice is important as it provides a comprehensive view of a case, showing how it has been reported in different legal reporters, which can include official state or federal reporters and unofficial ones. By offering parallel citations, legal documents can ensure greater accessibility and clarity for practitioners and scholars alike.
Administrative materials: Administrative materials refer to the various documents, resources, and guidelines produced by government agencies and administrative bodies that are used in the legal process. These materials can include regulations, policies, procedural manuals, and other documentation that govern the operations of agencies and inform the public about their rights and responsibilities. They play a crucial role in ensuring transparency and accountability within the legal framework.
Order of Authorities: The order of authorities refers to the hierarchy or ranking of legal sources and their relevance in legal decision-making. Understanding this hierarchy is crucial because it dictates which legal precedents and statutes must be followed in legal proceedings, and it helps to determine the weight of various legal sources when resolving disputes.
Legal Encyclopedia: A legal encyclopedia is a comprehensive reference work that provides detailed information about legal concepts, principles, and case law. It serves as a valuable tool for legal research, offering summaries and explanations of various legal topics in a clear and organized manner. Legal encyclopedias often include citations to primary sources of law, making them useful for locating further legal authority.
Pinpoint Page Numbers: Pinpoint page numbers refer to the specific pages in legal documents, cases, or statutes where particular information can be found. This concept is essential for precise legal citation as it allows readers to easily locate the exact content being referenced, ensuring clarity and accuracy in legal writing.
Introductory phrases: Introductory phrases are groups of words that provide context or background information before the main part of a sentence. These phrases often set the tone or provide essential details, helping readers understand the sentence's intention and meaning. In legal writing, using introductory phrases can clarify the citation and enhance the overall flow of the document.
Reporter: In legal terms, a reporter refers to a collection of judicial opinions or case law published in a series that serves as an authoritative record of court decisions. Reporters are crucial for legal citation, providing lawyers, judges, and scholars with a reliable reference to precedents and interpretations of the law that shape the judicial system.
Secondary source citation: A secondary source citation refers to the referencing of materials that analyze, interpret, or summarize primary sources or original legal documents. These sources include law review articles, textbooks, and legal encyclopedias, which provide context or commentary on the law rather than presenting the law itself. Understanding how to properly cite secondary sources is crucial for legal writing and research as it helps establish credibility and supports arguments by linking them to authoritative discussions.
Primary source citation: A primary source citation refers to the way in which original legal documents, statutes, case law, or any direct evidence of legal authority are formally referenced. This form of citation is crucial because it allows researchers, practitioners, and students to accurately locate and verify the original material that forms the basis for legal arguments or discussions. Proper citation is fundamental in legal writing as it establishes credibility and authority by demonstrating that the argument is grounded in verifiable sources.
20 u.s.c. § 1232g: 20 U.S.C. § 1232g is a section of the United States Code that pertains to the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student education records. This statute establishes the rights of parents and eligible students regarding access to educational records and dictates the conditions under which information can be disclosed without consent, highlighting the importance of student privacy in educational institutions.
Short form citation: Short form citation refers to a method of referencing legal documents, cases, or statutes in a concise format that allows readers to easily identify and locate the original source without repeating the full citation each time. This approach streamlines legal writing and helps maintain clarity while minimizing clutter in legal texts.
Italicization of case names: Italicization of case names refers to the convention of formatting legal case titles in italics within legal documents and citations. This practice serves to clearly distinguish the case names from the surrounding text, making it easier for readers to identify and reference specific legal decisions.
U.S.: The U.S., or the United States of America, is a federal republic composed of 50 states, a federal district, and several territories. It is known for its legal system, which is founded on the Constitution and includes a system of checks and balances among the three branches of government: legislative, executive, and judicial. Understanding the U.S. legal framework is essential when looking at legal citation as it forms the basis for how laws and cases are referenced in various legal documents.
ALWD Citation Manual: The ALWD Citation Manual is a comprehensive guide designed to help legal professionals, including law students and practitioners, properly cite legal documents and other sources. It emphasizes clarity and consistency in legal writing by providing detailed rules and examples for various citation formats, ensuring that legal arguments are well-supported and credible.
Bluebook style: Bluebook style is a citation format used primarily in legal documents to provide a standardized way of referencing legal authorities, such as cases, statutes, and secondary sources. It is widely recognized within the legal profession and academic institutions, ensuring that legal writing is clear and consistent, which is crucial for effective communication in the law field.
F.3d: The term 'f.3d' refers to the Federal Reporter, Third Series, which is a collection of judicial opinions from the United States Courts of Appeals. This series of volumes is an essential resource for legal professionals and scholars as it provides official documentation of appellate court decisions, reflecting the interpretation and application of federal law.
Regulatory citation: Regulatory citation refers to the specific reference format used to identify and locate regulations and rules established by government agencies. This form of citation is essential for legal professionals and scholars as it provides a standardized way to refer to administrative codes, enabling efficient access to regulatory materials and ensuring accurate communication about legal requirements.
Statutory Citation: Statutory citation refers to the standardized format used to reference specific laws or statutes within legal documents. It typically includes the name of the law, the volume number of the code where it is found, and the section number, allowing individuals to quickly locate the law in question. This citation method is crucial for maintaining clarity and consistency in legal writing and communication.
Volume Number: The volume number is a crucial element in legal citation that indicates the specific collection or series of publications in which a particular legal document, case, or statute can be found. This number helps to organize legal documents systematically and allows for easier retrieval of specific materials, making it essential for effective legal research and referencing.
Case Name: A case name is the title given to a legal case that typically includes the names of the parties involved, often in the format 'Plaintiff v. Defendant'. This title serves as a shorthand reference to the case throughout legal documents and discussions. The case name is essential for legal citation, helping to identify the case within the broader context of legal precedents and decisions.
Legal opinions: Legal opinions are formal written statements by judges or legal authorities that interpret and apply the law to specific cases or situations. These opinions serve as authoritative guidance for understanding legal principles and can impact future cases by establishing precedents. They are crucial in shaping the law and clarifying legal standards, while also illustrating how legal citation is used to reference these opinions.
Roe v. wade: Roe v. Wade is a landmark Supreme Court case from 1973 that established a woman's legal right to have an abortion under the right to privacy protected by the Fourteenth Amendment. This decision fundamentally transformed the legal landscape regarding reproductive rights, connecting to debates about personal autonomy, state interests, and social justice.
Briefs: Briefs are concise, written documents that present a legal argument or summary of a case to a court. They serve as an essential tool for attorneys to communicate their position, provide relevant facts, and cite legal precedents, all aimed at persuading the judge in favor of their client's interests. The clarity and organization of briefs are vital, as they help to ensure that legal reasoning is conveyed effectively, facilitating the judicial decision-making process.
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Glossary
9.3 Legal writing styles