legal citation
DESCRIPTION
LEGAL CITATION. Presented by Elisabeth McKechnie Mabie Law Library. BLUEBOOK A.k.a The BlueBook, A Uniform System of Citation 18 th Edition is current. IN COMMON USE IN THE U.S. CALIFORNIA STYLE MANUAL. Bluebook Law Review Citation Federal Litigation Where Authorized by Local Rule - PowerPoint PPT PresentationTRANSCRIPT
IN COMMON USE IN THE U.S.IN COMMON USE IN THE U.S.
BLUEBOOK A.k.a The BlueBook, A Uniform System of Citation
◦18th Edition is current.
WHEN DO I USE THEM?WHEN DO I USE THEM?
Bluebook◦Law Review Citation◦Federal Litigation◦Where Authorized by Local Rule
California Style Manual◦California Litigation
CALIFORNIA PLEADINGSCALIFORNIA PLEADINGS
Citations to cases and other authorities in all documents filed in the courts must be in the style established by either the California Style Manual or The Bluebook: A Uniform System of Citation, at the option of the party filing the document. The same style must be used consistently throughout the document.
Cal. Rules of Court, Rule 1.200
EVEN IF ALLOWED, EVEN IF ALLOWED, SHOULD YOU USE BLUEBOOK IN SHOULD YOU USE BLUEBOOK IN CA SUPREME COURT?CA SUPREME COURT?
◦Cal. Rule of Court 8.204: …Brief writers are encouraged to follow the citation form of the California Style Manual
(4th Ed., 2000)
DON’T CITE ONLINE SOURCESDON’T CITE ONLINE SOURCES
RULE 18: “…The BLUEBOOK requires the use and citation of
traditional printed sources unless (1) the information cited is unavailable in a traditional printed
source; or (2) a copy of the source cannot be located because it is so
obscure that it is practically unavailable.
Only in those two cases should citation be made to the electronic source alone.
OFFICIAL AND UNOFFICIAL OFFICIAL AND UNOFFICIAL REPORTERSREPORTERS
◦ In the Federal system, the official reporter for the Supreme Court is the United States Reports (or U.S.C). Unofficial reporters are the Supreme Court Reports (or S.Ct. ) or United States Supreme Court Reports (Lawyer's Edition) (L.Ed.). Each is by a different publisher.
i.e.: International Shoe v State of Washingtion,326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945).
United States Reports----Offical ReporterSupreme Court Reports---Unofficial ReporterLawyers’ Edition-----------Unofficial Reporter
FEDERAL “NOMINATIVE” FEDERAL “NOMINATIVE” REPORTERSREPORTERS
Pre-U.S. Reports, Supreme Court cases 1790-1834---OLD! Named for the Court Reporter who compiled the notes that
created them:
Vols. 1-4 Dallas (Dall.) 1790-1800 (U.S. Reports vols. 1-4) Vols. 1-9 Cranch (Cranch) 1801-1815 (U.S. Reports vols. 5-13) Vols. 1-12 Wheaton (Wheat.) 1816-1827 (U.S. Reports vols. 14-25) Vols. 1-16 Peters (Pet.) 1828-1842 (U.S. Reports vols. 26-41) Vols. 1-24 Howard (How.) 1843-1860 (U.S. Reports vols. 42-65) Vols. 1-2 Black (Black) 1862-1862 (U.S. Reports vols. 66-67) Vols. 1-23 Wallace (Wall.) 1863-1874 (U.S. Reports vols. 68-90)
Available at Westlaw in SCT-OLD; and HeinOnline’s U.S. Reports collection.
CALIFORNIA LEGAL REPORTERSCALIFORNIA LEGAL REPORTERS
California Supreme Court Cases:Auto Equity Sales v. Superior Court, 57 Cal.2d 450, 20
Cal.Rptr.32, 369 P.2d. 937 (1962).
Appellate Cases:Daniel v. Weigum, 190 Cal. App. 2d 620, 16 Cal. Rptr.
27 (1964)
Official Reporter: California Appellate Reports, 2nd SeriesUnofficial Reporter: California ReporterRegional Reporter: Pacific Reporter (covers multi-
states;currently CA Supreme Court cases only).
PARALLEL CITATIONSPARALLEL CITATIONS
Full Citation:International Shoe v. State of Washington,326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95(1945).
66 S.Ct. 154, 90 L.Ed. 95 are Parallel Citations for the SAME CASE.
May be required by local rules; Courtesy to other counsel and the Court…
HOW TO READ A HOW TO READ A CITATIONCITATION
SAMPLE FEDERAL CASE CITATION
INTERNATIONAL SHOE v STATE OF WASHINGTON(PLAINTIFF or First Party) (DEFENDANT or 2nd Party)
326 U.S. 310 (1945)Vol. # Reporter Starting Date of
Page# Opinion
FEDERAL APPELLATE CASESFEDERAL APPELLATE CASES
Another Example (Fed. Appellate):
United States v MacDonald, 531 F.2d 196, (4th Cir. 1976).
United States v MacDonald, 531 F.2d (Case Title) Vol# Reporter
196, (4th Cir. 1976).starting page deciding court, date of decision
Statutes-FederalStatutes-Federal
In the Federal system, the official code is the United States Code (cited U.S.C.).
However, the U.S. code is published every 6 years. Two unofficial codes are more commonly used: United States Code Annotated (cited U.S.C.A.), published by West and the United States Code Service (cited U.S.C.S.) published by the Lawyers' Cooperative Publishing Company
CITING TO THE U.S.CCITING TO THE U.S.C
Bluebook Rule 12.2.1(a)◦Cite statutes currently in force in the current
official code or its supplement. Otherwise, cite a current unofficial code or its supplement, the official session laws, privately published session laws (U.S.C.C.A.N.), a widely used computer database, a looseleaf service, an Internet source or a newspaper— in that order of preference.
◦…federal laws enacted after the most recent USC, should be cited to an unofficial code…
Citation of Federal StatutesCitation of Federal Statutes
United States Code citation (Rule 12.3.1):
Title 42 U.S.C. 435 (2007) (title #) (Reporter name) (page #) (date of code editn)
Title 42 U.S.C.S. 435 (Lexis-Nexis 2008) (United States Code Service)
Title 42 U.S.C.A. 435 (West 2008) (United States Code Annotated)
Contain the same statute, but USC may not be updated.