🫥Legal Method and Writing Unit 6 – Legal Writing: Citation Systems & Practices

What's This All About?

• Legal citation is the standardized method of referencing legal authorities in legal documents, academic papers, and court filings
• Ensures readers can locate the sources cited and verify the accuracy of the information presented
• Allows legal professionals to build upon existing legal arguments and precedents by providing a clear trail of references
• Demonstrates the writer's credibility and thoroughness in researching the relevant legal authorities
• Helps avoid plagiarism by properly attributing ideas and arguments to their original sources
• Facilitates efficient communication among legal professionals by providing a common language for referencing legal materials
• Enables readers to assess the weight and persuasiveness of the authorities cited based on factors such as the court level and jurisdiction

Key Citation Systems

• The Bluebook: A Uniform System of Citation is the most widely used citation manual in the United States for legal writing
  • Provides detailed rules for citing various legal sources, including cases, statutes, regulations, and secondary sources
  • Used by most law schools, law firms, courts, and legal publishers
• The Association of Legal Writing Directors (ALWD) Citation Manual is an alternative to The Bluebook, aiming to simplify citation rules
  • Focuses on the basic principles of citation and provides a more straightforward approach to citing legal authorities
  • Gaining popularity among some law schools and legal writing programs
• State-specific citation rules may be used by certain courts or jurisdictions, superseding the general citation manuals
  • For example, the California Style Manual is used by California courts for citation purposes
• Other countries and international organizations may have their own citation systems and manuals, such as the Oxford Standard for Citation of Legal Authorities (OSCOLA) in the United Kingdom

Basic Citation Structure

• Full case citations typically include the case name, reporter volume, reporter abbreviation, page number, and year of decision (e.g., Brown v. Board of Education, 347 U.S. 483 (1954))
• Short form citations are used for subsequent references to a previously cited source, usually consisting of the case name and a reference to the earlier citation (e.g., Brown, 347 U.S. at 495)
• Statute citations include the title or chapter number, code abbreviation, section number, and year (e.g., 42 U.S.C. § 1983 (2021))
• Regulation citations include the title number, code of federal regulations abbreviation, section number, and year (e.g., 17 C.F.R. § 240.10b-5 (2021))
• Secondary source citations vary depending on the type of source but generally include the author's name, title of the work, publication information, and relevant page numbers (e.g., William Blackstone, Commentaries on the Laws of England 442 (1765))
• Parentheticals are used to provide additional information about a cited source, such as a brief explanation of its relevance or a specific quote (e.g., Brown, 347 U.S. at 495 (holding that separate educational facilities are inherently unequal))

How to Cite Different Sources

• Cases: Include the case name, reporter volume, reporter abbreviation, page number, and year of decision (e.g., Marbury v. Madison, 5 U.S. 137 (1803))
  • For cases from state courts, include the state abbreviation before the reporter abbreviation (e.g., People v. Johnson, 68 Cal. 2d 646 (1968))
• Statutes: Include the title or chapter number, code abbreviation, section number, and year (e.g., 18 U.S.C. § 1001 (2021))
  • For state statutes, include the state abbreviation before the code abbreviation (e.g., Cal. Penal Code § 187 (West 2021))
• Regulations: Include the title number, code of federal regulations abbreviation, section number, and year (e.g., 29 C.F.R. § 1910.1200 (2021))
• Constitution: Include the article, amendment, or clause number, followed by "U.S. Const." (e.g., U.S. Const. art. III, § 2)
• Legislative materials: Include the name of the material, bill number, congress number, and relevant sections or page numbers (e.g., H.R. Rep. No. 116-252, at 3 (2019))
• Books: Include the author's name, title of the book, page number, and year of publication (e.g., John Rawls, A Theory of Justice 15 (1971))
• Law review articles: Include the author's name, title of the article, volume number, law review abbreviation, page number, and year of publication (e.g., Ronald Dworkin, Hard Cases, 88 Harv. L. Rev. 1057, 1058 (1975))

Common Mistakes and How to Avoid Them

• Inconsistent formatting: Ensure that citations are formatted consistently throughout the document, following the chosen citation manual's rules
• Incorrect abbreviations: Use the proper abbreviations for reporters, codes, and other legal sources as specified in the citation manual
• Missing elements: Double-check that all required elements of a citation are included, such as the case name, reporter information, and year of decision
• Inaccurate information: Verify the accuracy of the cited information, including case names, statutory provisions, and page numbers
• Improper use of signals: Use the appropriate signals (e.g., see, cf., contra) to indicate the relationship between the cited authority and the proposition it supports
• Over-reliance on secondary sources: Prioritize citing primary sources, such as cases and statutes, over secondary sources like law review articles or treatises
• Failure to update citations: Ensure that cited authorities are still good law by checking for any subsequent history or changes to the cited material (e.g., using citators like Shepard's or KeyCite)

Practical Citation Tips and Tricks

• Use citation management tools like Zotero, Mendeley, or EndNote to organize and format citations automatically
• Create a list of frequently cited sources and their corresponding citations to save time and ensure consistency
• Proofread citations carefully, paying attention to details like punctuation, spacing, and italicization
• When in doubt, consult the citation manual or seek guidance from a legal writing professor or experienced legal professional
• Develop a system for keeping track of cited sources, such as using a spreadsheet or a dedicated notebook
• When citing multiple sources in support of a single proposition, order them strategically (e.g., by court hierarchy or chronology)
• Use pinpoint citations (i.e., citing specific pages or sections) to direct readers to the most relevant parts of a cited authority

Tools and Resources for Legal Citation

• The Bluebook Online: A subscription-based digital version of The Bluebook that provides quick access to citation rules and examples
• ALWD Guide to Legal Citation: An online companion to the ALWD Citation Manual, offering additional examples and exercises
• Westlaw and LexisNexis: Legal research platforms that provide citation tools and automatically generate citations for cases and other authorities
• Citation generators: Free online tools like CiteGenie or EasyBib that create citations based on user input (use with caution and always double-check for accuracy)
• Legal writing textbooks: Many legal writing textbooks include chapters on legal citation, providing explanations and examples of proper citation format
• Law school writing centers: Many law schools offer writing centers or tutoring services that can assist with citation questions and review drafts for proper citation format
• Online citation guides: Various law school libraries and legal writing organizations provide free online guides and tutorials on legal citation (e.g., the Cornell Legal Information Institute's Introduction to Basic Legal Citation)

Why Proper Citation Matters in Legal Writing

• Demonstrates respect for the original sources and authors by giving proper credit for their work and ideas
• Enhances the credibility and persuasiveness of legal arguments by showing that they are well-researched and supported by legal authorities
• Allows readers to independently verify the accuracy and relevance of the cited information
• Helps judges, attorneys, and other legal professionals locate and review the cited authorities when evaluating legal arguments
• Facilitates the development of legal precedent by creating a clear record of the authorities relied upon in a given case or legal analysis
• Avoids potential ethical issues, such as plagiarism or misrepresentation of legal authorities
• Ensures compliance with court rules and professional standards that require proper citation in legal documents and filings
• Streamlines the legal research process by providing a standardized method for referencing and organizing legal authorities