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, legal encyclopedias, treatises, and restatements. 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

• 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 law review articles
• 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

• 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

• "Id." 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
• "Supra" 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

• Parallel citations in Legal Method and Writing provide multiple references for the same legal authority
• 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 (Westlaw, LexisNexis, HeinOnline) 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 persuasiveness 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 explanatory parentheticals for unclear references
• Omitting access dates for online sources or database identifiers