Lesson 2 in Legal Citation Fall 2004 Learning More about the Bluebook

The Leader Board- Section F b Mondays26 b Layson16 b Mayhem in the a.m.12 b Johnson and Assoc.11 b Jackie Childs11 b Too earlies8 b Marshall6

The Leader Board- Section E b Lucas, McTear, Paulk and Rumanek20 b Liles and Nix17 b Citators, L.L. P.13 b Free Lunch11 b MaGarry and Nail10 b Bluebook9 b Bluebook Beasts6 b Miller and Powell 4

Rule 10: How to Cite Case Law b 1) Citing Federal Cases b 2) Short Form Citations b 3) Citing Statutes b 4) Short form for Statutes b 5) Citation Signals and Parentheticals

Citing Federal Cases b For the United States Supreme Court: Cite to the United States Reports (U.S.) b Pulley v. Hair, 465 U.S. 37 (1984). b Use the Supreme Court Reporter (S. Ct.) or the Lawyer’s Edition (L. Ed.) only if the opinion is not yet published in the United States Reports. If not yet reported there, cite to United States Law Week (U.S.L.W.) or a computer database.

Citing Federal Courts of Appeal b Cite West’s Federal Reporter (F., F.2d or F.3d). The name of the circuit and the year go in the parenthetical. b Krammer v. Krammer, 202 F.2d 1044 (11th Cir. 1980).

Citing Federal District Courts and Other Federal Courts b Cite West’s Federal Supplement (F. Supp). b The court and date go in the parenthetical. “D” if there is one district. The particular abbreviations if there are more than one: b Ball v. Walmart Inc., 102 F. Supp. 2d 44 (D. Mass. 1995).

Citation Ciphering Federal cases b What is the correct citation for a case where Mr. Dooku sues a Mr. Yoda decided by the Southern District of New York in 1985 and reported in volume 100 of West’s Federal Supplement, page 200 ? b Dooku v. Yoda, 100 F. Supp. 200 (S.D.N.Y. 1985).

Short forms for cases b The first time you mention a case, you should give the full cite. In subsequent references to that case use the proper short form. See Bluebook Rule b In text, you simply refer to the first name of the case (In Brown,) Except State v. Hutchcraft becomes, In Hutchcraft.

Short forms for cases If there are no intervening cites, or in other words if you are citing a case immediately previously cited you should use Id. If the page number is different use Id. at __, otherwise just use Id. If there are no intervening cites, or in other words if you are citing a case immediately previously cited you should use Id. If the page number is different use Id. at __, otherwise just use Id. See for example the form for a case discussion: In Britt v. Doehring, 242 N.E.2d 667 (Mass. 1970), the plaintiff... (don’t cite facts). The court held… Id. at 675. The court further explained that… Id.

Short forms for cases When there are cites between, use one of the other following short forms to refer to a case previously cited. When there are cites between, use one of the other following short forms to refer to a case previously cited. Letiecq v. Denholm, 102 N.E.2d 86, 89 (Mass. 1951) may be shortened in any of the following ways: b Letiecq v. Denholm, 102 N.E.2d at 89. b Letiecq, 102 N.E.2d at 89. b 102 N.E.2d at 89. (Only when the name is in the text)

Commercial databases – Rule and 10.9 (ii) for the short form b Provide the case name, docket number, database identifier, court name, and full date. If a screen or page number is assigned should be given with an asterix: b Clark v. United States, No C, 1991 WL (D. Mass. Apr. 10, 1991). (D. Mass. Apr. 10, 1991). b Use the database identifier in constructing the short form b Clark,1991 WL 54402, at *3.

Citation Ciphering Short forms b Where the name of the case is not in the previous sentence, there is an intervening cite and where the material you want to cite is on page 180 in the Northeasten Reporter 2d, give two acceptable short cites for: Lopez v. Affleck, 50 N.E.2d 177 (Mass. 1997). b Lopez v. Affleck, 50 N.E.2d at 180. Lopez, 50 N.E.2d at 180.

Citing Statutes Federal Statutes Federal Statutes State Statutes State Statutes Short form - Statutes Short form - Statutes

Federal Statutes b Cite to the United States Code (U.S.C.) Use the title number, the abbreviated name of the code, the number of the section or subsection, and the date of the edition. You may also include the name of the act: 42 U.S.C. § 3412(a) (1940). OROR Narcotic Rehabilitation Act of 1966, 42 U.S.C. § 3412(a) (1970).

State Statutes b Check Table T.1 for each jurisdiction. b Alabama b Cite to the official code unless only an unofficial compilation is available: b Ala. Code § (1985) b Massachusetts b Cite to Mass. Gen. Laws ch. x, § x (year) in therein...

Annotated Codes (Federal or State) b If the code cited (state or federal) is not published under the supervision of governmental officials, you must identify the publisher in the parenthetical that contains the year of publication: b Federal b 42 U.S.C.A. § 322 (West 1997) b 42 U.S.C.S. § 322 (Law. Co-op. 1997) b State: Mass. Gen. Laws Ann. ch. x, § x (West year)

Year of the code Rule b When citing a bound volume of the current official code, provide parenthetically the year that appears on the spine on the volume, the year that appears on the title page, or the latest copyright year-in that order of preference. If the volume is a replacement of an earlier edition, sue the year of the replacement volume, not the year of the original.

Citation Ciphering Federal Statutes b Using the name of the act, give a correct cite in a citation setence for section 3(b) of the Administrative Procedure Act, found in volume 5 of the United States Code, passed in b Admin. Procedure Act, 5 U.S.C. § 3(b) (1970).

Citation Ciphering State statutes b What is correct cite for § 30(a) of chapter 266 of the in the main volume, with the year 2000 on the spine of the Massachusetts General Laws Annotated published by West. b Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000).

Short Forms for Statutes Federal Statutes Bluebook Rule U.S.C. § 1983 (1988) may be shortened as: 42 U.S.C. § 1983 or § 1983 (unless starting a sentence)

Short Forms for Statutes State Statues Ala. Code § (1987) may become: § (unless starting a sentence) b Mass. Gen. Laws Ann. ch. 266, § 30(a) (West 2000) ch. 266, § 30(a) Or § 30(a) b See page 90 of the Bluebook.

Citation Ciphering Short Forms b § is the short cite for what full cite of a Wyoming statute published in the 1985 version of the Wyoming Statutes Annotated? b Wyo. Stat. Ann. § (Michie 1985).

Citation Signals BLUEBOOK RULE 1.2 »Citation Signals can be a short form of case citation. They also indicate the purpose for which a source is cited. »No signal indicates that the citation is authority for the proposition of law stated.

The Form of Citation Signals b Signals are always underscored or italicized when they appear in citation sentences. (P1(c)). b There are supportive, comparative, contradictory, and background signals. Rule 1.3. (See, see also, compare …with, etc.)

Citations Indicating Support b “See” indicates support and should be used if the proposition o f law obviously flows from the source. b States have required defendants to prove both insanity and self-defense. See State v. Caryl, 543 P.2d 389, 390 (Mont. 1975); State v. Hinson, 172 S.E.2d 548, 551 (S.C. 1970).

Citations Indicating Support Parentheticals b “See also” is used for an additional source which supports the proposition and where the sources which directly state or support the proposition have already been discussed. A parenthetical should explain the relevance of the source. b It was clear from all the following cases that a kitchen tool is not a dangerous instrument. Id at 32. See also, Ronko v. Bond, 9 F.3d 2, 9 (2d Cir. 1993) (Salad shooter held not to be a dangerous instrument).

Citation Ciphering Parentheticals  Use a supportive citation signal and parenthetical to cite a Massachusetts Supreme Judicial Court decision, The Tribune Company v. Bartman, rendered in 2003 and reported in 456 N.E.2d 202, 205, where the source provides additional support for a prior cited source and where the “court held that a fan could not be civilly liable for interfering with the outcome of a game by catching a fly ball.” b See also Tribune Co. v Bartman, 456 N.E.2d 202, 205 (Mass. 2003) (where the court held that a fan could not be civilly liable for interfering with the outcome of a game by catching a fly ball).