©2001, 2003, 2006. Darby Dickerson & Catherine E. Shannon. Permission to use given for educational purposes. Signals – Rule 44.

Slides:



Advertisements
Similar presentations
Writing Using Lead-ins, Quotes, and Lead-Outs in paragraphs and multi-paragraph essays.
Advertisements

Preparing for the Urban Lawyer Write-On Competition – Bluebook, Law Review Style.
Part 5 of the Legal Methods Lecture Series By Lisa McElroy.
Part 7 of the Legal Methods Lecture Series By Deborah Gordon.
Why and How to Write APA- Style References in the Body and Reference Section of Your Papers Drew C. Appleby, PhD Department of Psychology Indiana University-Purdue.
Quotations ALWD Rules 47–49
Speed Bluebooking Presented by University of Baltimore Law Review & Office of Academic Support.
THE BLUEBOOK BLUES This adapted exercise is based on “Hollywood Cites” provided to us by Grace D’Alo.
What is MLA and why do we use it?
Jump to first page ©2003, Darby Dickerson. License given for educational use. Cite & Source Steps and Strategies.
The Open Memo Outline Common Errors Citation Exercises.
Copyright 2003, Darby Dickerson. Permission given to use for educational purposes. Common Citation Errors Law Review Editor Training.
Citation Workshop 2012 Write-On Competition Hosted by Arizona Law Review.
The Open Memo Outline Common Errors Citation Exercises.
1 Citations Legal Research & Writing I PAR 111 Mike Brigner, J.D.
Statutes ALWD Rule 14 Copyright 2003, Darby Dickerson. Permission given to use for educational purposes.
Kelli Amanda Metzger Knerr.  Bluepages are used for non-academic citations and are within the text.  This includes memos and briefs  Whitepages are.
Introduction to Legal Citation What Is Citation? l “Code” to help readers find the sources you refer to in your paper. Names, abbreviations, numbers.
QUOTATION MARKS what is a quotation mark? When and how do we use them? what is a quotation mark?
Copyright 2003, Darby Dickerson. Permission given to use for educational purposes. Putting Sources in the Correct Order ALWD Rule 45.
Integrating Citations into Memos
Integrating Citations into Memos... How many authorities to cite; when and how to cite; plagiarism; signals; etc.
S ENIOR B OARD E RIC J. W EISS Editor-In-Chief N OEL S PENCER Senior Articles Editor A NDY N. D E C LERCQ Senior Managing Editor R EBECCA K ENNEDY.
CITATION & AUTHORITY QUIZ
Citation Issues. When to Use Citations In the discussion section –Typically not in the issue, brief answer, facts, or conclusion.
APA Tutorial Part 2 Citations and Parenthetical Documentation.
Preparing for the Write-On Vol. 49 Write-On Competition Information for Prospective Members Thursday | May 14, 2015.
Lesson 2 in Legal Citation Fall 2004 Learning More about the Bluebook.
Bluebook for Law Journals Preliminary Points Look it up -- even if you THINK you know the answer. Guessing can be dangerous. Use the detailed index.
The Federal Legislative Process How a bill becomes a law and the publications that are produced in the process.
Lesson 2 in Legal Citation Fall 2003 Learning How to Use the Bluebook.
CHAPTER 11 Computer Assisted Legal Research (CALR)
An Introduction to Legal Citation Fall 2003 Learning How to Use the Bluebook.
How to… APA 12 CP English.
Unit 6--Online Legal Research LEXIS. Unit 6 Discussion Make sure you go to the discussion board to post the holding, or ruling, of your case. The legal.
Open Memo Final Draft Citation Review. Final Drafts of Open Memo Due on week from today, Monday Nov. 25 at 7:50 a.m. Due on week from today, Monday Nov.
Bluebooking for Id.iots. Orientation STUDENT COMMENT ORGANIZATION 2.THE BLUEBOOK 3.RIPL STYLE GUIDE 4. GRAMMER [sic]
ALWD Citation Manual The Third Edition. Philosophy Not change for the sake of change Goal to refine and clarify the rules Goal to respond to users’ inquires.
Copyright Darby Dickerson. Permission given to use for educational purposes. ALWD Brush-up for Editors.
Citations and Works Cited Page Research Essentials.
How to Cite Legal Documents
Copyright 2003, Darby Dickerson. Permission given to use for educational purposes. Notable Differences between ALWD (3d) and Bluebook (18th)... for.
MLA Parenthetical Documentation Example: According to a 1999 study of teenagers, “Sixty-three percent of girls and seventy-four percent of boys under.
©2001, 2003, Darby Dickerson & Catherine E. Shannon. License given to use for educational purposes. Citing Letters and Memoranda.
MLA Format - Basics Mr. Leadbeater. General Guidelines Type your paper on a computer and print it out on standard, white 8.5 x 11-inch paper, Type your.
Notable Differences Between ALWD (2d) and Bluebook (17th)... for law review members and research assistants.
Common Mistakes. Run-on sentences: Billy went to the grocery store and he bought milk. – You have to have a comma after “store” because you have two independent.
Bluebook: Uniform Citation For Legal Reference Legal Studies Kaplan University.
CHAPTER 10 Validating Your Research: Using Shepard’s and Other Citators.
Law 11 Citators. 2 Citation Services o Citation services indicate how and when a particular legal resource has been cited o Indicate the type of treatment.
 In-Text citation  In-Text citation is when you reference your sources in the body of your writing. › In MLA Style, it’s called Parenthical citation.
USING SHEPARD’S & KEYCITE EFFECTIVELY Melissa Sievers Librarian RFK Main Library
The Credible Hulk m/tumblr_m3qlkwXHrj1q g5btqo1_500.jpg.
Using Quotes in an Essay. When we copy words and phrases from another source, we must enclose those words or phrases in quotation marks. Quotation marks.
Referencing Quotes MLA Style. Short quotes: 4 lines or less Introduce the quotation with speaker, source, or context phrase Signal Phrases may also come.
Citation Exercises.
Integrating Citations into Documents... How many authorities to cite; when and how to cite; plagiarism; signals; etc.
What’s Wrong? Red Lights Notable Keeping Order ExCITEable 5 pt 5 pt
MLA Format - Basics.
By Kelley Moody BSN, RN Graduate Student
Quotations ALWD Rules
Bluebook: Uniform Citation For Legal Reference
By Kelley Moody BSN, RN Graduate Student
The documentation format of the Modern Language Association
The documentation format of the Modern Language Association
CHAPTER 5 How to Brief a Case.
The documentation format of the Modern Language Association
The documentation format of the Modern Language Association
THE BASIC CONCEPTS OF LEGAL CITATION
Bluebook 101: Introductory Signals
Presentation transcript:

©2001, 2003, Darby Dickerson & Catherine E. Shannon. Permission to use given for educational purposes. Signals – Rule 44

Purpose  To show the type and degree of support or contradiction the cited authority provides for the accompanying text.  Signals “link” the text and the citation.

Do Not Use a Signal When...  The cited authority directly supports the stated proposition. –The court enforced the arbitration clause and thus dismissed the complaint. Jackson v. Nagle, 200 F.3d 12, 17 (3d Cir. 2001).

Do Not Use a Signal When...  The cited authority identifies the source of a quotation. –“We examine the plain language of the statute before we consider legislative intent as reflected in House and Senate reports and floor debates.” U.S. v. Constantine, 12 F. Supp. 2d 451, 457 (D. Mass. 1999). –Any length of quoted material typically suffices for this rule to apply.

Do Not Use a Signal When...  The cited authority merely identifies the authority referred to in the text. –In Smith v. Jones, 1 the court held U.S. 107 (1982). –In 1945, Professor Lee wrote his landmark treatise on international relations. 4 4 Chonchung Lee, International Relations in the Modern World (World Press, Inc. 1945).

Use  A signal may be used before a full citation or a short citation. Rule 44.2(c). –See Smith v. Jones, 100 U.S. 300, 307 (1898). –See Smith, 100 U.S. at 307. –See id.

Types of Signals: 44.3  Support –[no signal], see, accord, see also, cf.  Comparison –compare... with  Contradiction –contra, but see, but cf.  Background information –see generally

E.g.: The “Tag Along”  E.g. may be used by itself (when “no signal” otherwise would have been used) or with any other signal (see e.g.; cf. e.g.).  Using e.g. means you do not want to cite all pertinent cases, but merely a representative sample or example of pertinent cases.

The “Different” Signal  In determining Rule 44.6 placement, put e.g. where the “other” signal would go: –E.g. (where “no signal” would go) –See e.g. (where see would go) –Contra e.g. (where contra would go)  Difference from Bluebook: No commas. –Bluebook version: E.g., See, e.g.,

See  Use to reflect (a) implicit support [see example below] or (b) dicta. –A conference of this type does not constitute a "meeting" under the Sunshine Law. 12 – 12 See Mitchell v. Sch. Bd. of Leon County, 335 S.2d 354, 355 (Fla. 1st Dist. App. 1976) (holding that the Sunshine Law was not applicable to meetings between the superintendent, the director of personnel services, and the school board attorney).

Accord and see also  Accord = The law of one jurisdiction is similar to that of another jurisdiction.  See also = Additional material that supports the proposition, but support is less direct.  These signals have the same meaning as in the Bluebook.

Cf.  Use when the cited source provides support for the sentence only by analogy. –For example, when the sentence concerns premise liability in a residential apartment context, but the cited authority concerns an office building.  Cf. means the same thing under ALWD and the Bluebook.

Compare... with  Use to compare authorities or groups of authorities that reach different results concerning the stated proposition. –Courts are split on this issue Compare U.S. v. Martinez, 157 F.3d 21, 27 (2d Cir. 2000); U.S. v. O’Kelley, 159 F.3d 451, 454 (5th Cir. 2000) (both ruling in favor of the government) with U.S. v. Brownlee, 162 F.3d 166, 167 (8th Cir. 2000); U.S. v. Masterson, 143 F.3d 291, 298 (D.C. Cir. 2000) (both ruling in favor of the defendant). –Compare... with means the same thing under the Bluebook, but there is a comma before with under the Bluebook.

Negative Signals  Use to show that other sources contradict or disagree with what is in the text.  The choices parallel the “positive” signals.  Contra –Use when the cited authority directly contradicts the stated proposition.  But see –Use when the cited authority (a) contradicts the stated proposition implicitly or (b) contains dicta that contradict the stated proposition.  But cf. –Use when the cited authority contradicts the stated proposition by analogy.

See generally  Use to cite helpful background information related to the stated proposition. –Often the cites are to secondary sources. –See generally Paula Q. Author, Treatise ch. 2 (West 1999) (detailing the history of the statute of frauds).

Signals and Explanatory Parentheticals: 44.4  It often helps to use an explanatory parenthetical when you use a signal; but, the third edition does not require parentheticals.  E.g. would require a parenthetical only when it is combined with another signal.

Capitalizing Signals: 44.5  Capitalize the first letter of signal if it begins a citation sentence. –See Smith, 407 F.3d at 33 (describing the “law of the case” doctrine).  Do not capitalize the first letter of a signal if it appears within a citation clause or later in a citation sentence (below). –Bethal Sch. Dist. v. Fraser, 478 U.S. 675, 681 (1986); see Hazelwood Sch. Dist. v. Kuhlmerier, 484 U.S. 260, 260 (1988) (indicating that schools should not tolerate student speech that is inconsistent with its “basic educational mission”).

Placement and Typeface of Signals: 44.6  Do not include any punctuation after the signal. –Correct: See Smith –Incorrect: See, Smith  Italicize each signal... unless it’s used as a verb: –For more information on this topic, see Part IV of this Article. Do not italicize “see” in this context.

Repeating Signals: 44.7  If more than one authority provides the same type and degree of support for the stated proposition, do not repeat the signal before each authority. –A signal “carries through” until a different signal is used. –See the example on ALWD p. 326 (third edition).

Order of Signals: 44.8  Signals should appear in the order they are listed in Rule –“No signal” always comes first. –Other examples: See before contra before see generally  When e.g. is combined with another signal, the combined signal should appear where the non-e.g. signal normally would fall.

Punctuation Between Signals: 44.8(c)  Separate different signals and their accompanying citations with a semicolon and one space.  The Bluebook is different. Under Rules 1.2 and 1.3, you separate signals of the same type with a semicolon, but signals of different types with a period.

Remember Related Rules  Rule 45: Order of authorities within a signal.  Rule 46: Explanatory parentheticals.