6.5 Secondary source citations
9 min read•august 21, 2024
Secondary source citations are crucial in legal research and writing. They provide analysis, commentary, and summaries of primary legal authorities, aiding in understanding complex legal issues. Proper citation formats standardize references, allowing readers to easily locate and verify sources.
Various types of secondary sources exist, including law reviews, , , and . Each type has its own citation format and carries different weight in legal arguments. Understanding these distinctions is essential for effective legal writing and research.
Types of secondary sources
- Secondary sources provide analysis, commentary, and summaries of primary legal authorities in Legal Method and Writing
- These sources aid legal research by offering context, interpretation, and guidance on complex legal issues
- Understanding different types of secondary sources enhances a law student's ability to conduct comprehensive legal research
Law reviews and journals
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- Scholarly publications produced by law schools and legal organizations
- Contain in-depth articles on specific legal topics written by legal scholars, practitioners, and students
- Often cited by courts and attorneys for persuasive arguments and novel legal theories
- Published periodically (monthly, quarterly, or annually)
Legal encyclopedias
- Comprehensive reference works covering broad areas of law
- Organized alphabetically by legal topic for easy navigation
- Provide concise summaries of legal principles and cite relevant primary sources
- Popular examples include American Jurisprudence (Am. Jur.) and Corpus Juris Secundum (C.J.S.)
Treatises and hornbooks
- In-depth, authoritative works on specific areas of law written by experts
- Treatises offer extensive analysis and historical context of legal topics
- Hornbooks provide more concise overviews, often used by law students
- Regularly updated to reflect changes in law and new court decisions
- Examples include Prosser on Torts and Williston on Contracts
Restatements of law
- Published by the American Law Institute (ALI) to clarify and simplify common law principles
- Organize and synthesize case law from various jurisdictions into clear statements of legal rules
- Divided into sections with comments and illustrations for each rule
- Highly persuasive secondary sources, often cited by courts
- Cover various areas of law (torts, contracts, property)
American Law Reports (ALR)
- Contain in-depth articles (annotations) on narrow legal issues
- Provide comprehensive analysis of case law across jurisdictions
- Include summaries of relevant cases and statutory provisions
- Regularly updated with new annotations and supplements
- Useful for finding analogous cases and understanding legal trends
Citation formats
- Citation formats standardize legal references in Legal Method and Writing
- Proper citation allows readers to easily locate and verify cited sources
- Understanding citation formats is crucial for effective legal writing and research
Bluebook citation rules
- Comprehensive guide for legal citations used by most law schools and courts
- Provides detailed rules for citing various legal sources (cases, statutes, secondary sources)
- Organized into blue pages (practitioner's notes) and white pages (academic citation rules)
- Updated periodically to reflect changes in citation practices and new source types
- Includes tables for abbreviations, jurisdiction-specific citation rules, and foreign sources
ALWD citation manual
- Alternative citation guide developed by the Association of Legal Writing Directors
- Designed to be more user-friendly and practical than the Bluebook
- Follows similar citation principles but with simplified rules and formatting
- Used by some law schools and legal professionals
- Provides clear examples and explanations for various citation scenarios
Elements of secondary citations
- Secondary citations in Legal Method and Writing require specific elements to properly identify and locate sources
- Accurate and complete citations enable readers to verify information and conduct further research
- Understanding these elements is essential for creating proper legal citations
Author information
- Include the full name of the author(s) as it appears in the source
- For multiple authors, use "et al." after the first author if there are more than two
- Institutional authors (organizations, government agencies) may be used when no individual author is listed
- Format author names according to citation style rules (last name first for Bluebook)
Title of work
- Provide the full title of the secondary source as it appears on the title page
- Use proper capitalization according to citation style rules (title case for Bluebook)
- Italicize titles of books, treatises, and journals
- Use quotation marks for titles of articles within journals or chapters within books
Publication details
- Include the name of the publisher for books and treatises
- Provide the volume number and name of the journal for
- Include the year of publication or most recent update for all sources
- For online sources, include the database name or website URL as required by citation rules
Specific page references
- Use pinpoint citations to refer to specific pages or sections within a source
- Include page numbers for direct quotations and specific information
- For sources with numbered paragraphs or sections, use those identifiers instead of page numbers
- Follow citation style rules for formatting page ranges (using en dashes or abbreviated numbers)
Short form citations
- in Legal Method and Writing allow for concise referencing of previously cited sources
- These citations save space and improve readability in legal documents
- Understanding when and how to use short form citations is crucial for effective legal writing
Id. vs supra
- "" used for immediately preceding citation to the same source
- Can include pin cites if referring to a different page
- Cannot be used if the preceding footnote contains multiple sources
- "" used for sources cited earlier but not immediately preceding
- Includes author's last name or a shortened title if no author
- Followed by "note [number]" referring to the footnote of the full citation
- Both save space and avoid repetition in citations
Hereinafter abbreviations
- Used to create a shortened reference for a lengthy title
- Introduced in the first full citation of a source
- Placed in brackets after the full title: [hereinafter Shortened Title]
- Subsequent citations use the shortened title instead of repeating the full title
- Particularly useful for sources with long or complex titles
Parallel citations
- in Legal Method and Writing provide multiple references for the same legal
- These citations ensure accessibility of sources across different jurisdictions or formats
- Understanding parallel citations is important for comprehensive legal research and writing
Print vs online sources
- Include citations for both print and online versions when available
- Use parallel citations to accommodate readers with access to different formats
- Follow specific citation rules for online sources (databases, websites)
- Include unique identifiers for online sources (DOI, permalink) when required
Multiple reporters
- Provide citations to official and unofficial reporters for court cases
- Use parallel citations when a case is reported in multiple publications
- Follow jurisdiction-specific rules for citation order and preferences
- Include regional reporters alongside state-specific reporters for state court cases
Citing specific parts
- Citing specific parts of sources in Legal Method and Writing allows for precise referencing
- These citations direct readers to exact locations of relevant information
- Understanding how to cite specific parts enhances the accuracy and usefulness of legal citations
Sections and paragraphs
- Use section symbols (§) for citing specific sections in statutes or codes
- Cite to numbered paragraphs in sources that use paragraph divisions
- Include page numbers in addition to section or paragraph numbers when required
- Follow citation style rules for formatting multiple sections or paragraphs
Footnotes and endnotes
- Cite to footnotes or endnotes when referencing information contained within them
- Use "n." or "nn." to indicate footnote citations (n.4 for a single footnote, nn.4-6 for multiple)
- Include both page number and footnote number when citing a specific footnote
- For endnotes, follow similar rules but use "endnote" instead of "n." if required by citation style
Electronic sources
- Electronic sources play an increasingly important role in legal research and writing
- Proper citation of electronic sources ensures that readers can access and verify information
- Understanding how to cite various electronic sources is crucial in the digital age of legal research
Online databases
- Include the name of the database (, , ) in the citation
- Provide any unique identifiers or document numbers assigned by the database
- Include the date of access or last updated date as required by citation rules
- Follow specific formatting guidelines for each database as outlined in citation manuals
Websites and blogs
- Include the full URL or permalink to the specific page cited
- Provide the author's name (if available) and the title of the webpage or blog post
- Include the date of publication or last update, if available
- Add the date of access in parentheses at the end of the citation
- Follow citation style rules for formatting URLs and handling long web addresses
Signals and parentheticals
- Signals and parentheticals in Legal Method and Writing provide additional context for citations
- These elements help readers understand the relevance and purpose of cited sources
- Proper use of signals and parentheticals enhances the clarity and of legal writing
Explanatory parentheticals
- Provide brief explanations or summaries of the cited source's content
- Use parenthetical phrases to clarify the relevance of the citation to the argument
- Keep parentheticals concise, typically one sentence or less
- Begin with a present participle (discussing, holding, explaining) unless quoting directly
- Use parentheticals to highlight key points or distinguish cases
Introductory signals
- Indicate the purpose or strength of support provided by the cited source
- Common signals include "see," "cf.," "but see," and "contra"
- "See" used for sources that clearly support the proposition but don't directly state it
- "Cf." (compare) used for sources that support the proposition by analogy
- "But see" and "contra" used for sources that contradict the proposition
- Italicize signals and separate multiple signals with semicolons
Weight and persuasiveness
- Understanding the weight and persuasiveness of secondary sources is crucial in Legal Method and Writing
- Different types of secondary sources carry varying levels of authority and influence
- Evaluating the weight of sources helps in constructing stronger legal arguments and research
Hierarchy of secondary sources
- Restatements and widely recognized treatises generally carry the most weight
- Law review articles from prestigious journals often considered highly persuasive
- Legal encyclopedias and ALRs provide useful overviews but carry less weight
- Blogs and non-academic websites typically considered least authoritative
- Consider the author's reputation and expertise when evaluating source weight
Jurisdiction considerations
- Secondary sources may have different levels of persuasiveness in different jurisdictions
- State-specific secondary sources may carry more weight in their respective states
- Federal courts may give more weight to nationally recognized secondary sources
- Consider the source's relevance to the specific legal issue and jurisdiction
- Local practice guides or state-specific treatises may be highly persuasive in state courts
Common citation errors
- Avoiding common citation errors is essential in Legal Method and Writing
- Proper citation practices demonstrate attention to detail and professionalism
- Understanding and preventing these errors ensures the accuracy and reliability of legal writing
Improper abbreviations
- Using non-standard abbreviations for journal names or court reporters
- Failing to abbreviate words that should be shortened according to citation rules
- Inconsistent use of abbreviations throughout a document
- Forgetting to include periods in standard abbreviations (e.g., "Harv. L. Rev.")
- Using abbreviations in inappropriate contexts (such as in textual sentences)
Incorrect punctuation
- Misplacing commas, periods, or spaces in citation formats
- Forgetting to use italics or underlines for appropriate elements (e.g., case names)
- Improper use of parentheses or brackets in citations
- Inconsistent spacing between citation elements
- Failing to use proper punctuation for signals and multiple citations
Missing information
- Omitting essential elements of a citation (author, title, date)
- Failing to include pinpoint citations when referencing specific pages or sections
- Neglecting to provide parallel citations when required
- Forgetting to include for unclear references
- Omitting access dates for online sources or database identifiers
Key Terms to Review (38)
ALWD Citation Manual: The ALWD Citation Manual is a comprehensive guide designed to assist legal professionals and students in properly citing legal documents and sources in their writing. It emphasizes consistency, clarity, and the importance of accurate citations in legal writing, making it a crucial resource for ensuring that legal arguments are well-supported and easily verifiable.
American Law Reports: American Law Reports (ALR) are a series of legal publications that provide comprehensive annotations and summaries of court decisions across various jurisdictions in the United States. These reports serve as secondary sources, helping legal professionals and researchers understand key legal issues and trends by compiling relevant case law, statutes, and legal principles related to specific topics.
Authority: Authority refers to the power or right to give orders, make decisions, and enforce obedience within a specific context, especially regarding legal sources. It plays a crucial role in establishing the validity and reliability of legal information, guiding legal research, writing practices, citation methods, and evaluating source credibility.
Avoidance of plagiarism: Avoidance of plagiarism refers to the ethical practice of giving proper credit to the original creators of content, ideas, or research that one uses in their own work. This involves correctly citing sources and paraphrasing information while maintaining the integrity of the original thought. By avoiding plagiarism, individuals not only respect the intellectual property of others but also enhance their own credibility as authors and researchers.
Bluebook Citation: Bluebook citation refers to a specific style of legal citation outlined in 'The Bluebook: A Uniform System of Citation,' which provides guidelines for referencing legal documents, cases, statutes, and secondary sources. This system is essential for ensuring clarity and consistency in legal writing, particularly when engaging with various forms of law and their interpretations.
Case Commentary: A case commentary is an analysis or critique of a particular legal case, often highlighting its significance, implications, and the reasoning behind the court's decision. It serves as a secondary source that provides insights into the application of law, the judicial process, and how cases contribute to the development of legal principles.
Citing cases as authority: Citing cases as authority involves referencing judicial decisions to support legal arguments or claims. This practice provides a foundation for legal reasoning, allowing practitioners to demonstrate how previous rulings impact the interpretation of laws in current matters. By citing relevant cases, legal professionals can effectively persuade courts and other parties of the validity of their positions, creating a more robust legal argument.
Explanatory parentheticals: Explanatory parentheticals are brief phrases or sentences inserted within legal citations to provide additional context or clarification about the source being cited. They help to enhance understanding by offering insight into the relevance or significance of the cited material, thereby improving the reader's comprehension. These parentheticals often elaborate on secondary sources or cases that support the main text, making the legal writing more accessible and informative.
Footnotes and Endnotes: Footnotes and endnotes are referencing tools used in legal writing and academic works to provide additional information, citations, or comments without interrupting the flow of the main text. Footnotes appear at the bottom of the same page where the reference is made, while endnotes are collected at the end of a chapter or document. These tools help clarify sources and provide context for secondary source citations, making it easier for readers to locate and understand the referenced material.
HeinOnline: HeinOnline is an online legal research database that provides access to a vast collection of legal resources, including law journals, historical legal statutes, treaties, and government documents. It is a valuable tool for legal professionals, researchers, and students, offering a comprehensive library of primary and secondary legal materials that facilitate thorough legal research and citation.
Henry J. Friendly: Henry J. Friendly was a prominent American jurist and a federal appellate judge, known for his influential opinions and writings that shaped the landscape of U.S. law. His contributions to legal scholarship and practice are particularly significant in the context of secondary source citations, where his methods of legal reasoning and citation practices have influenced how legal scholars and practitioners reference sources in their arguments and analyses.
Hereinafter Abbreviations: Hereinafter abbreviations are shorthand notations used in legal writing to refer to a source or term after it has been fully introduced. This practice helps streamline documents, making them more concise while maintaining clarity and reducing redundancy throughout the text. Properly employing hereinafter abbreviations enhances readability and allows readers to easily follow the references back to the original source.
Hierarchy of Secondary Sources: The hierarchy of secondary sources refers to the organization of non-primary legal materials based on their authority, reliability, and how directly they relate to the law. This hierarchy is essential for legal research, as it helps determine which secondary sources are most persuasive or authoritative when analyzing legal issues or formulating arguments.
Id.: The term 'id.' is a shorthand citation used in legal writing to refer back to a source that has been cited immediately prior. It allows for a more concise reference when the same source is mentioned multiple times, helping to streamline citations and improve readability in legal documents.
Improper abbreviations: Improper abbreviations refer to the incorrect or inconsistent use of shortened forms of words or phrases in legal writing, which can lead to confusion and misinterpretation. In legal documents, maintaining clarity and precision is crucial, and using proper abbreviations helps ensure that the reader understands the references being made. Therefore, it is essential to follow established guidelines for abbreviation to avoid ambiguity.
Incorrect punctuation: Incorrect punctuation refers to the improper use of punctuation marks in writing, leading to confusion or misinterpretation of the intended meaning. This can result from misplaced commas, periods, or other punctuation marks that disrupt the flow and clarity of a sentence. In legal writing, precise punctuation is crucial as it can alter the interpretation of statutes, contracts, and other legal documents.
Introductory signals: Introductory signals are phrases or words used to indicate how a source will be incorporated into a text, guiding the reader on how to interpret the following information. They are essential in legal writing as they clarify the purpose of the citation, whether it’s to support a point, provide background, or contrast opinions. Using the right signal helps establish the relationship between your arguments and the sources you reference.
Jurisdiction Considerations: Jurisdiction considerations refer to the legal principles that determine the authority of a court to hear a case and make decisions based on the laws applicable to that case. These considerations include geographic location, subject matter, and the parties involved, which collectively shape whether a court has the power to adjudicate a dispute. Understanding these elements is crucial for ensuring that legal proceedings are conducted in the appropriate forum and adhere to relevant laws.
Law review articles: Law review articles are scholarly pieces of writing that focus on legal issues, theories, and practices, often published in academic journals dedicated to legal scholarship. These articles are typically authored by legal professionals, academics, or students and serve as an important resource for legal research and analysis. They provide in-depth discussions on various aspects of law, contribute to legal discourse, and often influence judicial decisions and legislative reforms.
Legal Encyclopedias: Legal encyclopedias are comprehensive reference works that provide an overview of legal principles and topics, serving as valuable secondary sources of law. They summarize the law in various areas, helping researchers quickly grasp legal concepts and find citations to relevant primary sources. Legal encyclopedias typically include entries written by experts, often containing footnotes and citations that guide users to case law, statutes, and other authoritative resources.
LexisNexis: LexisNexis is a powerful online legal research database that provides access to a vast collection of legal resources, including case law, statutes, regulations, and secondary sources. It serves as an essential tool for legal professionals, allowing them to conduct thorough research and stay updated with the latest legal developments.
Missing information: Missing information refers to the absence of specific details or citations that are essential for fully supporting legal arguments or claims within secondary sources. This concept emphasizes the importance of comprehensive and accurate citations in legal writing, ensuring that all relevant sources are identified and referenced to maintain credibility and clarity.
Multiple reporters: Multiple reporters refer to the various publications that compile and publish judicial opinions, cases, and legal decisions from different jurisdictions. These reporters provide a way to access legal materials that may not be found in a single source, allowing legal professionals and researchers to locate relevant case law and legal precedents across various regions and courts.
Online databases: Online databases are digital collections of organized information that can be accessed via the internet, often used for research and reference. These databases provide access to a wide range of secondary sources, such as articles, books, and legal documents, which are essential for thorough legal research and citation.
Parallel Citations: Parallel citations refer to the practice of providing multiple citations for the same legal authority from different sources. This often occurs when a case is reported in more than one reporter, allowing researchers and practitioners to find the same case in various formats. By providing parallel citations, legal professionals ensure that they are accessing comprehensive information about the case and can reference it according to different citation systems used in legal writing.
Parenthetical explanations: Parenthetical explanations are brief clarifications or additional information included within parentheses in legal writing. These explanations serve to provide context or elaborate on a point without disrupting the flow of the main text. They are particularly useful for clarifying references, adding citations, or explaining terms that might not be familiar to the reader.
Persuasiveness: Persuasiveness refers to the ability to convince others to accept a particular viewpoint or take a specific action. In legal writing, it is crucial as it helps frame arguments, counter opposing views, and utilize references effectively. The impact of persuasiveness can be seen in how analogies are drawn, how counterarguments are presented, and in the proper citation of secondary sources to bolster one’s position.
Print vs Online Sources: Print vs online sources refers to the distinction between traditional printed materials, such as books and articles, and digital formats available on the internet. Understanding this difference is crucial for evaluating the credibility and accessibility of information used in legal writing and research, especially when citing secondary sources that can influence arguments and legal reasoning.
Proper attribution: Proper attribution refers to the correct acknowledgment of sources used in research and writing. This practice is essential in legal writing to ensure that credit is given to the original authors, maintain academic integrity, and avoid plagiarism. It plays a critical role in secondary source citations and parenthetical explanations, as it helps readers trace the origins of ideas and information presented.
Restatements: Restatements are authoritative summaries of the common law in the United States, intended to clarify and simplify legal principles. They serve as secondary sources that compile case law and provide a cohesive framework for understanding various areas of law, guiding courts, lawyers, and scholars in interpreting legal rules and doctrines.
Richard Posner: Richard Posner is a prominent legal scholar and judge known for his influential work in law and economics, emphasizing the application of economic principles to legal analysis. His approach often highlights the importance of efficiency in legal decision-making and the role of judicial discretion in interpreting laws.
Sections and Paragraphs: Sections and paragraphs are essential components of legal writing, providing structure and organization to documents. Sections typically group related content under a specific heading, while paragraphs break down these sections into smaller, coherent units that convey distinct ideas or arguments. Together, they facilitate clarity and enhance the overall readability of legal texts.
Short form citations: Short form citations are abbreviated references used to cite sources in legal writing after the full citation has been provided. They are designed to streamline legal documents, making it easier for readers to identify sources without restating lengthy citations. These citations often use the author's last name, a shortened title, or other relevant identifiers to point back to the full citation, thereby ensuring clarity and brevity in legal texts.
Statutory Interpretation: Statutory interpretation is the process by which courts analyze and apply legislation to determine its meaning and implications. This involves understanding legislative intent, the language of the statute, and how it fits within the broader legal framework, impacting how laws are applied in specific cases.
Supra: Supra is a Latin term meaning 'above' or 'earlier mentioned' that is used in legal writing to refer to a source that has already been cited. It helps avoid repetition by directing readers back to previous citations without having to restate them fully. This term is crucial for maintaining clarity and brevity in legal documents and connects to the use of secondary sources and short form citations.
Treatises: Treatises are comprehensive written works that systematically explore and analyze a particular area of law, often providing detailed commentary on legal principles, statutes, and case law. They serve as important secondary sources of law, offering insights and guidance for practitioners, scholars, and students seeking to understand complex legal issues. By synthesizing a wide range of legal materials, treatises help to clarify and interpret the law in a structured manner, making them valuable tools for legal research and study.
Websites and blogs: Websites and blogs are digital platforms that provide information, opinions, and resources on a wide range of topics, often used for sharing knowledge or fostering communication. They can serve as valuable secondary sources in legal research, offering insights, commentary, and analysis that complement primary legal materials. The accessibility of these platforms has transformed how information is disseminated and consumed, making them essential tools for researchers and practitioners alike.
Westlaw: Westlaw is a comprehensive online legal research service that provides access to an extensive database of legal resources, including case law, statutes, regulations, and secondary sources. It is widely used by legal professionals to conduct thorough legal research and supports various search techniques, including advanced methods for narrowing results and retrieving relevant legal information efficiently.