Legal citation: Difference between revisions
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'''Legal citation''' is the legal writing practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. |
'''Legal citation''' is the legal writing practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. |
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== Overview == |
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Typically, a proper legal citation will inform the reader about a source's authority, how strongly it supports the writer's proposition, its age, and other, relevant information. This is an example citation to a United States Supreme Court court case: |
Typically, a proper legal citation will inform the reader about a source's authority, how strongly it supports the writer's proposition, its age, and other, relevant information. This is an example citation to a United States Supreme Court court case: |
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This citation gives helpful information about the cited authority to the reader. |
This citation gives helpful information about the cited authority to the reader. |
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* The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is ''[[Griswold v. Connecticut]]''. |
* The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is ''[[Griswold v. Connecticut]]''. |
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* The case is reported in volume 381 of the [[United States Reports]] (abbreviated "U.S."). The case begins on page 479 of that volume of the reporter. The authoritative supporting material for the writer's proposition is on page 480. The reference to page 480 is referred to as a "pin cite". |
* The case is reported in volume 381 of the [[United States Reports]] (abbreviated "U.S."). The case begins on page 479 of that volume of the reporter. The authoritative supporting material for the writer's proposition is on page 480. The reference to page 480 is referred to as a "pin cite" or "pinpoint". |
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* The Supreme Court decided the case. Because the U.S. Reports only publish cases that the Supreme Court decides, the court deciding the case may be inferred from the reporter. |
* The Supreme Court decided the case. Because the U.S. Reports only publish cases that the Supreme Court decides, the court deciding the case may be inferred from the reporter. |
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* The authority supports the proposition directly because it is not qualified with a signal. If it had offered only indirect or inferential support for the proposition, the author should have preceded the cite with a [[Legal citation signals|qualifying signal]] such as ''see'' or ''cf.'' |
* The authority supports the proposition directly because it is not qualified with a signal. If it had offered only indirect or inferential support for the proposition, the author should have preceded the cite with a [[Legal citation signals|qualifying signal]] such as ''see'' or ''cf.'' |
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*# [[ALWD Citation Manual]], or |
*# [[ALWD Citation Manual]], or |
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*# [[Maroonbook]] (University of Chicago Law School). |
*# [[Maroonbook]] (University of Chicago Law School). |
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:A number of U.S. states have adopted individual public domain citations standards.<ref>{{cite web|author=|url=http://www.abanet.org/tech/ltrc/research/citation/uscourts.html|title=Universal Citation.|work=|accessdate=2008-8-7|date=}}</ref> |
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== See also == |
== See also == |
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* [[Case citation]] |
* [[Case citation]] |
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* [[Legal citation signals]] |
* [[Legal citation signals]] |
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== References == |
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{{reflist}} |
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== External links == |
== External links == |
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* [http://www.cit-r-us.com/ Citrus automatic Bluebook legal citation software for U.S. sources] |
* [http://www.cit-r-us.com/ Citrus automatic Bluebook legal citation software for U.S. sources] |
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* [http://www.citegenie.com/ CiteGenie automatic citation software.] |
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{{law-stub}} |
{{law-stub}} |
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Revision as of 12:32, 7 August 2008
Legal citation is the legal writing practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing.
Overview
Typically, a proper legal citation will inform the reader about a source's authority, how strongly it supports the writer's proposition, its age, and other, relevant information. This is an example citation to a United States Supreme Court court case:
Griswold v. Connecticut, 381 U.S. 479, 480 (1965).
This citation gives helpful information about the cited authority to the reader.
- The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is Griswold v. Connecticut.
- The case is reported in volume 381 of the United States Reports (abbreviated "U.S."). The case begins on page 479 of that volume of the reporter. The authoritative supporting material for the writer's proposition is on page 480. The reference to page 480 is referred to as a "pin cite" or "pinpoint".
- The Supreme Court decided the case. Because the U.S. Reports only publish cases that the Supreme Court decides, the court deciding the case may be inferred from the reporter.
- The authority supports the proposition directly because it is not qualified with a signal. If it had offered only indirect or inferential support for the proposition, the author should have preceded the cite with a qualifying signal such as see or cf.
- The authority is from 1965, so either the clear and enduring wisdom of this source has been venerated by the test of time, or this clearly dated relic of another era is obviously ripe for revision, depending upon the needs of the writer.
Concurring and dissenting opinions are also published alongside the Court's opinion. For example, to cite to the opinion in which Justices Stewart and Black dissent, the citation would appear as the following:
Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart & Black, JJ., dissenting).
This citation is very similar to the citation to the Court's opinion. The two key differences are the pin cite, page 527 here, and the addition of the dissenting justices' names in a parenthetical following the date of the case.
Of course, legal citation in general and case citation in particular can become much more complicated.
Citation by country
Each country usually has at least one de facto citation standard that has been adopted by most of the country's institutions.
- Australia: Australian legal citation usually follows the Australian Guide to Legal Citation (commonly known as AGLC)
- Canada: Canadian legal citation usually follows the Canadian Guide to Uniform Legal Citation (commonly called the McGill Guide)
- Germany: German legal citation
- Netherlands: Dutch legal citation follows the Leidraad voor juridische auteurs [1] (commonly known as Leidraad)
- United Kingdom: Citation of United Kingdom legislation is covered in Statutory Instrument Practice
- USA: U. S. legal citation follows
- Bluebook standard,
- ALWD Citation Manual, or
- Maroonbook (University of Chicago Law School).
- A number of U.S. states have adopted individual public domain citations standards.[1]
See also
References
- ^ "Universal Citation". Retrieved 2008-8-7.
{{cite web}}
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