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

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

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Page 1: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

How to Cite Legal Documents

Guidelines for Citing Constitutional, Statutory, and Case Law

©Sughrue

Page 2: 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

No. of Amend

Section symbol and section number

Page 3: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

Parts of a Citation – Reference List

State Constitutional Law

State Board of Elementary and Secondary

Education. La. Const. art. VIII, § 3.

Abbrev of constitution cited

No. of Article Section symbol and

section number

Name of Article

Page 4: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

Parts of a Citation – Reference List

Federal Statutory Law

Comprehensive Environmental Response,

Compensation, and Liability Act, 42 U.S.C.

§§ 9601-9675 (2006). U.S.C. title number

Abbrev of code cited

Section symbols and span of sections

containing statute

Year of code edition cited (U.S. Code is updated once every 6 years)

Official name of act

Note indentation on second and third lines

Note indentation on second and third lines

Page 5: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

Parts of a Citation – Reference List

State Statutory Law

Class size; maximum, La. Rev. Stat. Ann. § 17:174 (2013).

Abbrev of code cited

Section symbol and section number

containing statute

Year of code edition cited

Name of act

Page 6: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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.

Reporter Abbreviation

First page of case

Date of Decision

Page 7: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

Parts of a Citation – Reference List

Federal Circuit Court of Appeals Case Law

Brown v. Gilmore, 258 F.3d 265 (4th Cir. 2001).

First Party

Second Party

Reporter Vol. No.

Reporter Abbreviation

First page of case

Year of Decision

Circuit No.

Page 8: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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

Reporter Vol. No.

Reporter Abbreviation

First page of case

Year of Decision

District Court Abbreviations

Page 9: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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).

First Party Second Party

Reporter Vol.

No.

Reporter Abbreviation

First page of case

State Supreme

CourtDate of

Decision

Page 10: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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).

First Party Second Party

Reporter Vol.

No.

Reporter AbbreviationFirst page

of caseState

Appellate Court

Date of Decision

Page 11: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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.

Page 12: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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.

Page 13: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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.

Page 14: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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 Courtwould 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.

Page 15: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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)

Page 16: How to Cite Legal Documents Guidelines for Citing Constitutional, Statutory, and Case Law ©Sughrue

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).