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Bluebook: Uniform Bluebook: Uniform Citation For Legal Citation For Legal Reference Reference Introduction to Legal Research

Bluebook: Uniform Citation For Legal Reference

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Bluebook: Uniform Citation For Legal Reference. Introduction to Legal Research. When to Cite?. When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references. - PowerPoint PPT Presentation

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Page 1: Bluebook: Uniform Citation For Legal Reference

Bluebook: Uniform Citation Bluebook: Uniform Citation For Legal ReferenceFor Legal Reference

Introduction to Legal Research

Page 2: Bluebook: Uniform Citation For Legal Reference

When to Cite?When to Cite?

When you rely on and use legal sources and legal authorities in your own work, The Bluebook provides a systematic citation form to “cite” those references.

The citation follows the discussion from the source: It is clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” are guaranteed personal privacy Palko v. Connecticut, 302 U.S. 319, 325 (1937).

Page 3: Bluebook: Uniform Citation For Legal Reference

How to Cite?How to Cite?

The order of the citation is important because each part identifies something in the reference that can lead the reader to the original source as you found it.

Each legal source has its own particular order to follow and specific information that must be included in the cite.

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How to Cite CasesHow to Cite Cases

See page 7 in the BluebookCase Citation has 3 main parts:Case NameReporter InformationParenthetical

Page 5: Bluebook: Uniform Citation For Legal Reference

Rules for Case NamesRules for Case Names

Rules for Case Names—page 7 in BluebookCase name are the parties involved in the

caseOnly include the parties’ last namesIf multiple parties, only include the first party

listed for the case name. The parties names are separated by a “v.” not

a “vs.”

Page 6: Bluebook: Uniform Citation For Legal Reference

Rules for Case NamesRules for Case Names

Underline or italicize the parties’ namesThe case name is followed by a comma.

NOTE: the comma is NOT underlined or italicized.

Certain words that appear in case names are required to be abbreviated a particular way.

Table 6 on p. 430 of the Bluebook contains a list of words and their abbreviations.

Page 7: Bluebook: Uniform Citation For Legal Reference

Rules for ReporterRules for Reporter

What is a reporter?

Why is it important in a citation?

Page 8: Bluebook: Uniform Citation For Legal Reference

Rules of ReportersRules of Reporters

A reporter is a series of books that publish cases within a set jurisdiction.

For example, federal reporters contain cases from federal courts and state reporters contain cases from state courts.

There are also official reporters and unofficial reporters—what is the difference?

Page 9: Bluebook: Uniform Citation For Legal Reference

Rules for ReportersRules for Reporters

An official reporter is published by the government.

An unofficial reporter is published by a commercial publisher such as West or Lexis.

U.S. Reports—official government reporter of U.S. Supreme Court cases

Page 10: Bluebook: Uniform Citation For Legal Reference

Rules of ReportersRules of Reporters

West publishes unofficial reporters that contain decisions from federal and state courts.

Rules for reporter: page 9 in the BBA case citation will tell the reader where the

case can be found by listing what information:

Page 11: Bluebook: Uniform Citation For Legal Reference

Rules for ReportersRules for Reporters

Volume # of the reporter

Abbreviation of the Reporter—you can also find reporter information in Table 1 of the Bluebook.

First page of the case

Page 12: Bluebook: Uniform Citation For Legal Reference

Rules for ParentheticalRules for Parenthetical

See page 10 of the BluebookThe parenthetical contains the court that

issued the decision and the year of the decision.

Table 1 of the Bluebook lists the correct abbreviations for courts in all U.S. jurisdictions---federal and state courts

Page 13: Bluebook: Uniform Citation For Legal Reference

Rules for ParentheticalRules for Parenthetical

Table 10 of the Bluebook lists the correct abbreviations for each state.

NOTE: when citing cases decided by the U.S. Supreme court, do not include the name of the court in the parenthetical

Reason: you should always cite to U.S. Reporter, which is the official reporter for U.S. Supreme court cases.

Page 14: Bluebook: Uniform Citation For Legal Reference

Rules for ParentheticalRules for Parenthetical

The U.S. Reporter only contains U.S. Supreme Court cases, so when you see that a case is published in the U.S. Reporter, you know that it is a U.S. Supreme Court case. Thus, there is no need to repeat that information in the parenthetical.

Page 15: Bluebook: Uniform Citation For Legal Reference

Examples of Case CitationsExamples of Case Citations

Example of a citation to a Supreme Court case published in the U.S. Reporter:

Baker v. Carr, 45 U.S. 199 (1985).

Tom Reed Gold Mines Co. v. United E. Mining Co., 39 U.S. 533 (1932).

Page 16: Bluebook: Uniform Citation For Legal Reference

How to Cite Federal Cases?How to Cite Federal Cases?

U.S. Supreme Court: Cite to U.S. If it's not yet published there, cite to S. Ct., L. Ed., U.S.L.W., or LEXIS, in that order of preference. – Smith & Jones, Inc. v. Couch, 401 U.S. 313 (1985).

U.S. Circuit Courts of Appeal: Cite to F., F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the cite: – Davis v. Everett, 102 F.2d 24 (9th Cir. 1954).

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How to Cite Federal Cases?How to Cite Federal Cases?

U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Supp. Include the district in the cite: – Flanders v. Glissandi, 913 F. Supp. 885 (C.D.

Cal. 1996).

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How to Cite State Cases?How to Cite State Cases?

Generally cite to the regional reporter. Remember the regional reporters are published by West. Include the court in the parenthetical:Hoyt, Inc. v. Johnson Corp., 425 P.2d 976 (Cal.

App. 1976).

Kearney v. Lovejoy, 777 P.2d 1024 (Cal. 1993).

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How to Cite Cases Available How to Cite Cases Available Only in Lexis?Only in Lexis?

NOTE: only cite to Lexis when the case is not published in any other reporter. In other words, only use a Lexis cite (or Westlaw cite) when this is the only place the case is published. See p. 151-52 in Bluebook.

Vaughn v. Wilson, No. 95-124, 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).

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How to Cite Quotations?How to Cite Quotations?

Always give the exact page of a quote (i.e. pinpoint cite), even when paraphrasing:– "The Fourth Amendment protects people, not

places." Katz v. United States, 375 U.S. 76, 82 (1965).

The 82 in the above cite is the pinpoint cite.

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How to Cite Statutes?How to Cite Statutes?

Federal Statutes: Cite to U.S.C. or U.S.C.A.See page 15 in the BB

– 12 U.S.C. § 1986 (1996). – 12 U.S.C.A. § 1986 (West 1996).

State Statutes: The form varies by state. – Cal. Pen. Code § 187 (West 1989). – Neb. Stat. Ann. § 212-414(b) (West 1990).

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How to Cite Electronic How to Cite Electronic Sources?Sources?

ABA Section on Legal Education and Admissions to the Bar. Legal Education and Bar Admission Statistics, 1963 – 2005, available at http://www.abanet.org/legaled/stats.html (last visited Oct. 18, 2006).

See the bottom of page 157 in the Bluebook for further information.

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For Further InformationFor Further Information

See The Bluebook, nineteenth edition as this is only a primer in formatting.

The Bluebook has a great table of contents and a great index if you are having trouble locating information.

There is also a quick reference guide located on inside of the back cover.

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Assignment for Unit 2Assignment for Unit 2

Locating DUI statutesStatutes are laws created by the legislative

branch of the government.There are federal statutes enacted by

Congress and there are state statutes enacted by each state’s legislative branch.

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Assignment for Unit 2Assignment for Unit 2

For Unit 2, you will be locating DUI statutes for two states.

Review the statutes and then compare and summarize the similarities or differences in each statute.

For example, look at the BAC (breath alcohol content), punishment for 1st offense, second offense, etc.