How to Cite Legal Documents

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Presentation transcript:

How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

Parts of a Citation – Reference List U.S. Constitutional Law U.S. Const. amend. XIV, § 2. Abbrev of constitution cited Section symbol and section number No. of Amend

Parts of a Citation – Reference List State Constitutional Law State Board of Elementary and Secondary Education. La. Const. art. VIII, § 3. Name of Article No. of Article Abbrev of constitution cited Section symbol and section number

Parts of a Citation – Reference List Federal Statutory Law Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (2006). Note indentation on second and third lines Official name of act U.S.C. title number Section symbols and span of sections containing statute Year of code edition cited (U.S. Code is updated once every 6 years) Abbrev of code cited

Parts of a Citation – Reference List State Statutory Law Class size; maximum, La. Rev. Stat. Ann. § 17:174 (2013). Abbrev of code cited Name of act Section symbol and section number containing statute Year of code edition cited

Parts of a Citation – Reference List U.S. Supreme Court Case Law Tinker v. Des Moines Indep. Sch. Dist., 89 S.Ct. 306 (1952). First Party Second Party Reporter Volume No. First page of case Date of Decision Reporter Abbreviation

Parts of a Citation – Reference List Federal Circuit Court of Appeals Case Law Brown v. Gilmore, 258 F.3d 265 (4th Cir. 2001). Reporter Vol. No. Circuit No. First Party First page of case Second Party Year of Decision Reporter Abbreviation

Parts of a Citation – Reference List Federal District Court Case Law Lassonde v. Pleasanton Unified School District, 167 F.Supp.2d 1108 (N.D. Cal. 2001). First Party Second Party District Court Abbreviations Reporter Abbreviation Year of Decision Reporter Vol. No. First page of case

Parts of a Citation – Reference List State Supreme Court Case Law La. High Sch. Athletics Ass’n, Inc. v. State, 107 So.3d 583 (La. 2013). Second Party First Party State Supreme Court First page of case Reporter Vol. No. Date of Decision Reporter Abbreviation

Parts of a Citation – Reference List State Appellate Court Case Law Spears v. Jefferson Parish Sch. Bd., 107 So.3d 583 (La. Ct. App. 2013). Reporter Vol. No. First Party Second Party Reporter Abbreviation First page of case State Appellate Court Date of Decision

Parts of a Citation – In Text The Supreme Court rendered an important decision in a 1985 Alabama case. The law in question called for a mandatory daily time of silence, but the designation of this time for meditation or prayer led to a U.S. Supreme Court finding that the law violated the Establishment Clause (Wallace v. Jaffree, 1985). Note the case law reference in parentheses. It is in italics, followed by the year of decision.

Parts of a Citation – In Text A case heard by the Supreme Court a decade ago, Santa Fe Independent School District v. Doe (2000), is an example of a challenge based on the separation of church and state and on freedom of speech. Note the name of the case is in italics, followed by year of decision in parentheses.

Parts of a Citation – In Text In its decision, the Court noted that introducing an opportunity to pray is different that protecting a student’s right to religious expression. “The legislative intent to return prayer to the public schools is . . . quite different from merely protecting every student’s right to engage in voluntary prayer during an appropriate moment of silence during the school day” (Wallace, 1985, p. 45). Note that in subsequent uses of a case already cited earlier in your text, you use only the first party name. Citations for direct quotes require the page number from the reporter in which you obtained the information.

Parts of a Citation – In Text When challenged in court, the school district argued the students had protected free speech and could engage in religious expression. The Santa Fe (2000) decision reminded school districts that the Court would not tolerate government sponsored religious speech. Similarly, subsequent use of a case in text requires only the name of the first party. If there might be confusion for the reader, the year of the decision should also be included.

Parts of a Citation – In Text In Review First time, use full name: (Wallace v. Jeffree, 1973) Santa Fe Independent School District v. Doe (2000) Use the first party name for subsequent use in the text: (Wallace, 1973) Santa Fe (2000)

Parts of a Citation – In Text In Review Use full name, page number, then year when citing a direct quote: “ . . . “ (Wallace v. Jeffree, 1973, p. 45). Santa Fe Independent School District v. Doe “ . . . “ (2000, p. 295). Use shortened version in subsequent citations: “. . .” (Wallace, 1973, p. 48). Santa Fe “. . .” (2000, p. 234).