Case law citations are the backbone of legal research and writing. They provide a standardized way to reference judicial opinions, enabling efficient location and verification of case law. Understanding citation components is crucial for law students and legal professionals.
Proper citation format ensures clarity and credibility in legal documents. It includes elements like case names, volume and reporter information, page numbers, and court details. Mastering these elements allows for effective communication of legal authorities in various contexts.
Elements of case citations
- Case citations form the backbone of legal research and writing, providing a standardized method to reference judicial opinions
- Understanding the components of case citations enables law students and legal professionals to efficiently locate and verify case law
- Proper citation format ensures clarity and credibility in legal documents, briefs, and academic papers
Case name components
- Parties' names listed in the order they appeared in the original court (usually plaintiff v. defendant)
- Names of individuals typically include only last names (Smith v. Jones)
- Corporate entities often abbreviated (Int'l Bus. Machines Corp. v. United States)
- Criminal cases generally use "State" or "United States" as the prosecuting party (United States v. Nixon)
Volume and reporter information
- Volume number precedes the reporter abbreviation (347 U.S. 483)
- Official reporters designated by jurisdiction (U.S. for United States Reports)
- Unofficial reporters include regional reporters (N.E., N.W., S.E., S.W., P., A.)
- Specialized reporters for specific courts or subject matters (F. Supp. for Federal Supplement)
Page numbers and pinpoints
- First page of the case follows the reporter abbreviation (Marbury v. Madison, 5 U.S. 137)
- Pinpoint citations (pincites) refer to specific pages within the opinion
- Multiple pincites separated by commas (Brown v. Board of Education, 347 U.S. 483, 486, 495)
- Pincites essential for precise referencing of quotes or specific points of law
Court and year details
- Parenthetical information follows the main citation (Roe v. Wade, 410 U.S. 113 (1973))
- Includes the deciding court for lower court decisions (Smith v. Jones, 123 F.3d 456 (9th Cir. 1997))
- Year of decision always included for clarity and context
- Specific date sometimes required for very recent cases or unpublished opinions
Citation formats
- Citation formats provide a standardized system for referencing legal authorities in legal writing
- Consistent citation practices ensure readers can easily locate and verify sources
- Different citation formats serve various purposes within legal documents and academic papers
Full citation format
- Includes all necessary elements for complete identification of the case
- Used for first mention of a case in a document or footnote
- Follows the general pattern: Case Name, Volume Reporter Page (Court Year)
- Brown v. Board of Education, 347 U.S. 483 (1954) represents a full citation example
Short form citations
- Used for subsequent references to a previously cited case
- Typically includes only the parties' names or a shortened case name
- Can use "id." for immediately subsequent citations to the same source
- May include a cross-reference to the full citation (Brown, 347 U.S. at 495)
Parallel citations
- Provide references to the same case in multiple reporters
- Used when citing to both official and unofficial reporters
- Format: Case Name, Official Reporter, Parallel Unofficial Reporter(s)
- Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966)
Bluebook rules for citations
- The Bluebook serves as the primary citation guide for legal writing in the United States
- Provides comprehensive rules for citing various legal authorities, including cases
- Updated periodically to reflect changes in legal publishing and citation practices
General rules for cases
- Rule 10 in the Bluebook covers the basic format for case citations
- Specifies the order of citation elements and proper abbreviations
- Addresses issues such as party names, court identification, and date formatting
- Provides guidance on subsequent history and prior/lower court history
Specific court citation rules
- Different citation formats for state and federal courts
- Supreme Court cases cited to United States Reports (U.S.) if published there
- Federal Circuit Court cases cited to Federal Reporter (F., F.2d, F.3d)
- State court cases typically cited to regional reporters or state-specific reporters
Foreign case citation rules
- Rule 20 covers citation of non-U.S. cases
- Requires inclusion of the court and jurisdiction in the parenthetical
- May use the citation format common in the foreign jurisdiction
- Transliteration rules apply for non-Roman alphabet jurisdictions
Electronic case citations
- Electronic citations have become increasingly important with the growth of online legal research
- Provide access to a wider range of cases, including unpublished opinions
- Require specific formatting to ensure proper identification and retrieval of sources
Online database citations
- Include database identifier and accession number or case number
- Format varies depending on the database (Westlaw, Lexis, Bloomberg Law)
- Example: United States v. Doe, No. 12-345, 2019 WL 1234567 (S.D.N.Y. Jan. 1, 2019)
- May require "available at" language for less common databases
Unpublished opinion citations
- Cite to online databases or specialized reporter series for unpublished opinions
- Include docket number and full date of decision
- Note any restrictions on citation of unpublished opinions in the relevant jurisdiction
- Example: Smith v. Jones, No. 12-CV-3456, 2018 U.S. Dist. LEXIS 12345 (N.D. Cal. Jan. 15, 2018)
Electronic case file citations
- Used for documents filed electronically in court systems (PACER)
- Include docket number, document number, and electronic page identifier
- Format: Party Names, No. XX-CV-XXXX, ECF No. XX, at X (Court abbreviation Date)
- Example: Doe v. United States, No. 12-CV-3456, ECF No. 78, at 4 (S.D.N.Y. Jan. 1, 2019)
Citing specific parts of cases
- Legal writers often need to reference specific sections or opinions within a case
- Proper citation to these components ensures clarity and precision in legal arguments
- Different citation formats apply to majority, concurring, and dissenting opinions
Citing majority opinions
- Standard case citation format applies to majority opinions
- No special designation needed unless citing to a specific justice's opinion
- Pinpoint citations direct readers to specific pages or sections of the majority opinion
- Example: Obergefell v. Hodges, 576 U.S. 644, 675 (2015)
Citing concurring opinions
- Indicate the concurring justice's name in a parenthetical after the main citation
- Use "concurring" or "concurring in part" as appropriate
- Include pinpoint citation to the start of the concurring opinion
- Example: Masterpiece Cakeshop v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719, 1734 (2018) (Gorsuch, J., concurring)
Citing dissenting opinions
- Similar format to concurring opinions, but use "dissenting" in the parenthetical
- Pinpoint to the beginning of the dissenting opinion
- Multiple dissenting opinions cited separately
- Example: District of Columbia v. Heller, 554 U.S. 570, 636 (2008) (Stevens, J., dissenting)
Citation in legal writing
- Proper citation practices are crucial in legal writing to support arguments and provide authority
- Different types of legal documents may have varying citation requirements
- Understanding when and how to cite sources enhances the credibility of legal arguments
In-text citations vs footnotes
- In-text citations commonly used in court documents and legal memoranda
- Footnotes more prevalent in academic legal writing and some jurisdictions
- In-text citations typically placed after the relevant sentence or quotation
- Footnotes allow for more extensive discussion or explanation of cited sources
Citation placement in briefs
- Initial full citation typically placed in the body of the brief
- Subsequent short form citations used for repeated references
- String citations grouped together to support a single proposition
- Citations often integrated into the text to maintain flow of argument
Citation in academic legal writing
- Footnotes generally preferred for citations in law review articles
- Allows for more in-depth discussion and additional relevant sources
- Bluebook Rule 1.1 provides guidance on footnote formatting
- Substantive discussion in footnotes should be minimized in formal legal writing
Common citation errors
- Accurate citations are essential for credibility and allowing readers to verify sources
- Common errors can undermine the effectiveness of legal arguments
- Careful proofreading and citation checking are crucial to avoid these mistakes
Incorrect abbreviations
- Misuse of reporter abbreviations (N.Y.S.2d instead of N.Y.S.2d)
- Incorrect court abbreviations in parentheticals (D. Mass. instead of D. Mass.)
- Failure to abbreviate words according to Bluebook tables
- Inconsistent use of abbreviations throughout a document
Missing or incorrect information
- Omitting the year of decision or court information
- Incorrect volume or page numbers
- Misspelling party names or case titles
- Failing to include subsequent history when required
Improper use of short forms
- Using short form before providing a full citation
- Incorrect formatting of short form citations
- Overuse of "id." when referring to different sources
- Failing to provide a new full citation after too many intervening authorities
Advanced citation techniques
- Advanced citation methods provide additional context and information about cited cases
- These techniques help readers understand the relationship between cases and their precedential value
- Mastery of advanced citation skills enhances the sophistication of legal writing
Citing cases within cases
- Use the signal "quoting" or "citing" in parentheses after the main citation
- Include the full citation for the quoted or cited case
- Example: Smith v. Jones, 123 F.3d 456, 460 (9th Cir. 1997) (quoting Doe v. Roe, 98 F.2d 765, 770 (9th Cir. 1990))
- Useful for tracing the origin of legal principles or highlighting important precedents
Subsequent history notations
- Indicate later proceedings or decisions affecting the cited case
- Use abbreviations like "cert. denied," "aff'd," or "rev'd"
- Place subsequent history after the main citation, separated by a comma
- Example: Smith v. Jones, 123 F. Supp. 2d 456 (N.D. Cal. 2000), aff'd, 234 F.3d 789 (9th Cir. 2001)
Weight of authority signals
- Introductory signals indicate how a source supports or relates to a proposition
- Common signals include "see," "cf.," "but see," and "contra"
- Signals precede the citation and are italicized
- Example: See Smith v. Jones, 123 F.3d 456, 460 (9th Cir. 1997) (discussing the application of the rule)
Citation management tools
- Citation management tools help legal professionals organize and format citations efficiently
- These tools can save time and reduce errors in citation formatting
- Understanding the capabilities and limitations of these tools is important for effective use
Legal citation software
- Dedicated software for managing and formatting legal citations
- Examples include Citeus Legalus and Juris-M
- Features often include citation extraction, formatting, and integration with word processors
- May require manual input or verification for complex or unusual citations
Online citation generators
- Web-based tools that create citations based on user input
- Examples include Cornell LII's Legal Citation Generator and Casetext's Citation Generator
- Useful for quick, individual citations but may lack advanced features
- Accuracy should always be verified against the Bluebook or other authoritative sources
Citation checking services
- Professional services that review and verify citations in legal documents
- Often used by law firms and academic journals to ensure citation accuracy
- May include substantive review of cited sources for relevance and accuracy
- Examples include Lexis for Microsoft Office and Thomson Reuters Westlaw Edge