Basic legal citation
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basic legal citation 1
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- § 2-110. Electronic Sources – Core Elements [ BB | AL WD ] § 2-110(1) Examples
- Point 2: The first edition of the ALWD Citation Manual placed URLs in angle brackets; but now, like The Bluebook , it leaves them off. Point 3
- § 2-120. Electronic Sources – Variants and Special Cases § 2-120 Example
- § 2-200. How to Cite Judicial Opinions Contents | Index | Help | | >
- § 2-210. Case Citations – Most Common Form [ BB | AL WD ] § 2-210(a) Examples
- Principle: The core of a case citation consists of four elements: Element (a)
- Element (c) The date • The year of decision is enclosed in parentheses if it has not already appeared in the case ID. § 2-210(d) Examples
- § 2-215. Case Citations – Points of Difference in Citation Practice Point 1
- § 2-220. Case Citations – Variants and Special Cases [ BB | AL WD ]
§ 2-000. HOW TO CITE ...
Contents | Index | Help | < | > § 2-100. How to Cite Electronic Sources While the principal citation reference works still treat the citation of electronically accessed sources as though they were exceptional cases, increasingly online sources, disc and e-book publications constitute not only print alternatives, but preferred distribution channels. This is true for judicial opinions, statutes, regulations, journal articles, and government reports of many kinds. Not only are many legal materials now available in paired print and electronic editions put out by a single publisher, but sources have proliferated. Today, it is far less likely than it was only a few years ago that the person writing a legal document and that document's readers will be working from exactly the same source in the same format. This shift makes it important that, wherever possible, a citation furnish sufficient information about the cited material to enable a reader to pursue the reference without regard to format or immediate source. With the most frequently cited materials – cases, constitutions, statutes, regulations, and recent journal articles – this is typically not a challenge since most legal information distributors, whether commercial, public, or nonprofit, endeavor to furnish all the data necessary for source- and medium-independent citation. So long as you are able to furnish all the citation information called for by § 2-200 , there is no need to indicate whether you relied on any one of numerous online sources, an e-book or a disc instead of one of the several print editions for the text of a U.S. Supreme Court decision. Similarly, your citations to provisions of the U.S. Code or a comparable compilation of state statutes need not indicate whether you accessed them in print or from an electronic source, nor need you indicate that you accessed an article in a widely distributed law journal on LexisNexis, Westlaw or some other Internet site. Citations making specific reference to an electronic source are necessary only when the cited material is not widely available from multiple sources and when identifying a specific electronic source is likely significantly to aid readers' access to it. The relevant citation principles follow; section 3-100 provides basic examples. 11 § 2-110. Electronic Sources – Core Elements [ BB | ALWD ] § 2-110(1) Examples – Steve Kenney & John Borking, The Value of Privacy Engineering, 2002(1) J. Info. L. & Tech., http://www2.warwick.ac.uk/fac/soc/law/ejl/jilt/2002_1/kenny/. – World Bank, Old Age Security: Pension Reform in China 2 (1997), http://www- wds.worldbank.org/servlet/WDS_IBank_Servlet?pcont=details&eid=000178830_981 01912211149. – American Bar Association, Section on Legal Education and Admissions to the Bar, Statistics, available at http://www.americanbar.org/groups/legal_education/resources/statistics.html (last visited Aug. 28, 2013). Principle 1: Cite to material as it is denominated and organized in "print" unless much better access is available electronically. Even where an electronic source is used, if the original material is formatted for print, cite in relation to the print version, but follow that reference with a parallel citation to the electronic source if it is likely to aid retrieval. "Likely to aid retrieval" should, of course, be considered from the standpoint of the expected readers of the work in which the citation will appear. The following signals can be used to indicate whether: • the electronic source is the only known source or the print source is, as a practical matter, unavailable (no explanatory word or phrase) • the electronic source is a parallel reference to a print source ("available at"). ¡ But see § 2-115(1) ! § 2-110(2) Examples – Steve Kenney & John Borking, The Value of Privacy Engineering, 2002(1) J. Info. L. & Tech., http://www2.warwick.ac.uk/fac/soc/law/ejl/jilt/2002_1/kenny/. – United States v. Mena, No. 08-5176-cr, 2010 U.S. App. LEXIS 1121, at *4 (2d Cir. Jan. 20, 2010). – United States v. Mena, No. 08-5176-cr, 2010 WL 177220, at *1 (2d Cir. Jan. 20, 2010). Principle 2: The citation should consist of all the elements required for the basic document type (e.g., case, constitution, statute, regulation, article, report, or treatise), followed by the appropriate signal, and as complete an ID or address for the online electronic source as is available. Examples of appropriate address information include: • the full URL of a Web-based document • a commercial database retrieval citation (e.g., a Westlaw or LexisNexis citation) 12 ¡ But see § 2-115(2) ! Where no unique address is available indicate the source and database identification information in a parenthetical, e.g. • (Bloomberg Law) • (Westlaw, Legal Newspapers) • (LexisNexis Veterans Benefits Manual and Related Laws and Regulations CD-ROM). Similarly, if a complete URL is either unavailable or unwieldy and a Web search on the title will not retrieve the document, provide a base URL plus the steps necessary to access it, in parentheses, e.g. • (follow "Data & Research" link; then follow "Policy Research Reports" link). § 2-110(3) Examples – American Bar Association, Section on Legal Education and Admissions to the Bar, Statistics, available at http://www.americanbar.org/groups/legal_education/resources/statistics.html (last visited Aug. 28, 2013). – Dep't of Veterans Affairs, M21-1, The Adjudiciation Division § 2.03 (LexisNexis Veterans Benefits Manual and Related Laws and Regulations CD-ROM, 2012). Principle 3: A date should be furnished for an electronic source when the document citation does not itself carry that information unambiguously. That date should be the stated "current through" date or release date for a disc publication, the "through" date for online sources if available or a "last modified" or "last updated" date if one is furnished for the cited material or, failing all else, a "last visited" or "accessed" date. Where such a date is required, it should be placed at the end of the citation in a parenthetical. If there is already a parenthetical including source and database information (see above), the two should be combined, separated by a comma. ¡ But see § 2-115(3) ! 13 § 2-115. Electronic Sources – Points of Difference in Citation Practice § 2-115 Examples: – Steve Kenney & John Borking, The Value of Privacy Engineering, 2002(1) J. Info. L. & Tech. (Mar. 22, 2002), http://www2.warwick.ac.uk/fac/soc/law/ejl/jilt/2002_1/kenny/. [Per the ALWD Citation Manual.] – American Bar Association, Section on Legal Education and Admissions to the Bar, Statistics (available at http://www.americanbar.org/groups/legal_education/resources/statistics.html) (accessed Aug. 28, 2013). [Per the ALWD Citation Manual.] – World Bank, Old Age Security: Pension Reform in China 2 (1997) (available at http://www- wds.worldbank.org/servlet/WDS_IBank_Servlet?pcont=details&eid=000178830_981 01912211149) [Per the ALWD Citation Manual.] Point 1: The ALWD Citation Manual treats these situations somewhat differently than the principle set out in § 2-110(1) . It provides specifically for electronic journals, placing the URL, without signal, at the end of the citation, and for cases, where it places the URL or commercial database cite directly following the parties' names (see § 2-225 ). As to other material, whether available from both print and electronic sources or only electronic ones, it places the electronic address (URL, commercial database cite, database identifier) in a parenthetical preceded by "available in" or "available at". Point 2: The first edition of the ALWD Citation Manual placed URLs in angle brackets; but now, like The Bluebook, it leaves them off. Point 3: The ALWD Citation Manual favors the use of "last updated" over "last modified" and "accessed" over "last visited". § 2-120. Electronic Sources – Variants and Special Cases § 2-120 Example – James Grimmelmann, The Structure of Search Engine Law 45 (New York Law School Legal Studies Research Paper No. 06/07-23, 2007), available at http://ssrn.com/abstract=979568. Scholarly articles frequently appear online prior to their appearance in print, if, indeed, that ever occurs. Often, they are issued in an institution's working paper series. Where that is the case, the working paper designation and number should be included in the citation in the parentheses containing the date. 14 § 2-200. How to Cite Judicial Opinions Contents | Index | Help | < | > In the U.S. legal system, judicial opinions are probably the most frequently cited category of legal material. The articulated grounds of past judicial decisions are, in many instances, binding precedent for currently litigated matters. Under other circumstances, they are "persuasive" authority. In either event, if on point, they should be cited. In the context of legal citation, judicial opinions are commonly referred to as "cases" and organized collections of opinions are called "law reports" or "case reports." Most cited "cases" are opinions of appellate courts; however, trial court rulings on questions of law do on occasion produce decisions lawyers may wish to cite, despite their limited force as precedent. Prior to the era of electronic information dissemination, many courts that produced large numbers of legal opinions selected only a fraction of them for "publication" in law reports. The remaining "unpublished cases" were, as a practical matter, unavailable for citation. The appearance of online systems ready, even eager, to pick up and distribute "unpublished" decisions forced courts to be clearer about the status of decisions they view as merely involving the routine application of settled law. See § 2-250 . Since the decisions of American courts generally deal with multiple issues and tend to be lengthy, recounting pre-litigation facts and procedural events of limited relevance to the points for which they might be cited, it is rarely enough simply to cite the case. Under most circumstances, a full case citation should include a reference to a specific portion or portions of the opinion. A reference that merely directs the reader to a decision of the U.S. Supreme Court and no more has a greater likelihood of frustrating than persuading. It is analogous to route directions that identify the city or neighborhood but fail to furnish a complete street address. The relevant citation principles follow; section 3-200 provides both basic examples and sample case citations from all major U.S. jurisdictions. For a quick start introduction or review, there is also a companion video tutorial, “Citing Judicial Opinions ... in Brief”: http://www.access-to-law.com/citation/videos/citing_judicial_opinions.html . It runs 8.5 minutes. 15 § 2-210. Case Citations – Most Common Form [ BB | ALWD ] § 2-210(a) Examples – Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, 236 Wis. 2d 316, 613 N.W.2d 120. – Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). Principle: The core of a case citation consists of four elements: Element (a) - The parties' names (often referred to as the "case name" or less frequently the "title," "style," or "caption" of the case) • Names are italicized or underlined ( § 5-100 ) • and boiled down using an extensive set of omissions ( § 4-300 ) and abbreviations ( § 4-100 ), o with a lower case "v." replacing "versus", o and ending with a comma separating this component from the next. § 2-210(b) Examples – Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, 236 Wis. 2d 316, 613 N.W.2d 120. – Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, ¶ 19, 236 Wis. 2d 316, 613 N.W.2d 120. – Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). – Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085, 1092 (Idaho 1983). Element (b) - At least one retrieval ID or address for the case (often itself referred to as the "cite or "citation") consisting of • a medium-neutral citation, if provided by the court, ( § 2-230 ) • failing that, one constructed of: o the reporter volume number o reporter name (abbreviated) ( § 4-400 ) o the first page of the case in that volume. If the reference is to a portion of the opinion (as in most instances it should be), the paragraph number or numbers of that portion (with a medium-neutral citation) or the page number or numbers of that part should follow the case retrieval ID or address, set off by a comma. (Citations to one or more specific point or points in an opinion are commonly referred to as "pinpoint" or "jump" citations.) 16 In some situations only one ID or reporter citation is required. In others, two or more should be provided in "parallel" – i.e., in succession – separated by commas. • Most courts that have implemented medium-neutral citation formats call for continued use of print-based case IDs in parallel, when available, although not parallel "pinpoint" pages since the paragraph numbers serve that purpose equally in print. • When state cases are cited to a court in the same state, parallel addresses should be provided if the case is reported in both an official state reporter and a West regional reporter – the official reporter address coming first, the regional reporter address second, the two separated by a comma. Under other circumstances, state decisions that appear in a regional reporter are cited only to that reporter. This can mean that the same decision will, when cited within its state, have a different citation form than when cited in other jurisdictions. ¡ But see § 2-215(1) ! § 2-210(c) Examples – Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, 236 Wis. 2d 316, 613 N.W.2d 120. – Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). Element (c) The date • The year of decision is enclosed in parentheses if it has not already appeared in the case ID. § 2-210(d) Examples – Czapinski v. St. Francis Hosp., Inc., 2000 WI 80, 236 Wis. 2d 316, 613 N.W.2d 120. – Kootenai Envtl. Alliance, Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). – Comm. to Prevent Mun. Bankr. v. Renne, 77 F.3d 488 (9th Cir. 1996). – Perlman v. Swiss Bank Corp. Comprehensive Disability Prot. Plan, 979 F. Supp. 726 (N.D. Ill. 1997). – IBM v. Universal Transcon. Corp., 191 A.D.2d 536, 595 N.Y.S.2d 106 (2d Dept. 1993). Element (d) The court • In any reference where the court is sufficiently identified by the case ID or reporter – as for example "WI" or "Wis." – no additional reference is necessary. • The regional reporters covering numerous states and the reporters containing decisions of the lower federal courts do not sufficiently identify the court for a particular case. Consequently, that information must be added. Court identification is placed, in abbreviated form, in the parentheses containing the year of decision. 17 • The abbreviation for a state standing alone identifies a decision of the jurisdiction’s highest appellate court. For that reason no notation at all is required when the state is indicated in a reporter name. For example, "(Kan. 1976)" indicates a 1976 decision of the Kansas Supreme Court while a decision of the Kansas Court of Appeals would be indicated by "(Kan. Ct. App. 1984)" and a decision of the Kansas Supreme Court cited to the official reporter would simply show the date. ¡ But see § 2-215(2) ! • Whether to indicate which of several circuits, districts, divisions or departments of a court rendered a decision depends both on the court and the context for the citation. Which circuit of the U.S. Courts of Appeals or which U.S. District Court handed down a decision is always indicated. With a decision from an intermediate level state court, the information should be included in any setting where it bears on the citation's authority or is otherwise important. Thus, in a state where the decisions of one department or circuit are not binding on another one, citations should identify the unit that decided a case. When citing the same decision in another state there would be no need to do so. § 2-215. Case Citations – Points of Difference in Citation Practice Point 1: Whether to use parallel case citations and, if not, which citation to use is a subject on which court rules often speak. The practice set out here is consistent with most of them, although a few state rules call for citations of decisions from other jurisdictions to include both an official reporter reference, if any, and a West regional reporter reference. See § 7-500 . Point 2: The ALWD Citation Manual rejects the dominant practice of including "Ct." when abbreviating the many intermediate state appellate courts. Its abbreviation for the Kansas Court of Appeals is, therefore, "Kan. App." rather than "Kan. Ct. App." § 2-220. Case Citations – Variants and Special Cases [ BB | ALWD ] Most case citations refer to opinions that have already appeared in established print reporters and their conformed electronic counterparts. Opinions for which that is not true either because they are very recent or because the court or publisher of the relevant reporter did not consider the decision important enough for such dissemination call for alternative identification. The challenge in such a situation is to furnish the reader sufficient information to enable retrieval of the document from one or more specialized sources. (This is one of the problems addressed by medium-neutral citation systems. See § 2-230 .) The following alternatives can be used. While they are listed in order of traditional preference, the ultimate choice should be made in terms of the intended readers' likely access. (Before citing a decision that is not "published" because of the court's own judgment about its limited precedential importance, be sure to consult the court's rules. See § 2-250 .) § 2-220(1) Examples – Flamme v. Wolf Ins. Agency, [Insurance] Auto. L. Rep. (CCH) ¶ 18,307 (Neb. Nov. 8, 1991). – Collins v. United States, 3 Fed. Est. & Gift Tax Rep. (CCH) ¶ 60,060 (W.D. Okla. Jan. 31, 1991). 18 – United States v. Mena, No. 08-5176-cr, 2010 U.S. App. LEXIS 1121, at *4 (2d Cir. Jan. 20, 2010). – United States v. Mena, No. 08-5176-cr, 2010 WL 177220, at *1 (2d Cir. Jan. 20, 2010). – Everette v. Astrue, No. C 07-3013 MEJ, slip op. at 6 (N.D. Cal. Feb. 9, 2009). Alternative 1: With cases available in a print looseleaf service or an electronic equivalent, the minimum ID or address (following the parties' names ( § 2-210(a) ) consists of: • a full service citation, the court (abbreviated), and the full date. § 2-220(2) Examples – Flamme v. Wolf Ins. Agency, [Insurance] Auto. L. Rep. (CCH) ¶ 18,307 (Neb. Nov. 8, 1991). – Collins v. United States, 3 Fed. Est. & Gift Tax Rep. (CCH) ¶ 60,060 (W.D. Okla. Jan. 31, 1991). – United States v. Mena, No. 08-5176-cr, 2010 U.S. App. LEXIS 1121, at *4 (2d Cir. Jan. 20, 2010). – United States v. Mena, No. 08-5176-cr, 2010 WL 177220, at *1 (2d Cir. Jan. 20, 2010). – Everette v. Astrue, No. C 07-3013 MEJ, slip op. at 6 (N.D. Cal. Feb. 9, 2009). Alternative 2: With cases available in electronic format but not yet in final form, the minimum ID or address (following the parties' names ( § 2-210(a) ) consists of: • the docket number, a citation to the electronic source ( § 2-100 ), the "star" page number(s) assigned by the source for a pinpoint cite, the court (abbreviated and only to the extent not communicated by the online citation), and the full date. ¡ But see § 2-225(1) ! 19 § 2-220(3) Examples – Flamme v. Wolf Ins. Agency, [Insurance] Auto. L. Rep. (CCH) ¶ 18,307 (Neb. Nov. 8, 1991). – Collins v. United States, 3 Fed. Est. & Gift Tax Rep. (CCH) ¶ 60,060 (W.D. Okla. Jan. 31, 1991). – United States v. Mena, No. 08-5176-cr, 2010 U.S. App. LEXIS 1121, at *4 (2d Cir. Jan. 20, 2010). – United States v. Mena, No. 08-5176-cr, 2010 WL 177220, at *1 (2d Cir. Jan. 20, 2010). – Everette v. Astrue, No. C 07-3013 MEJ, slip op. at 6 (N.D. Cal. Feb. 9, 2009). Alternative 3: With cases available only from the court in slip opinion, the minimum address (following the parties' names ( § 2-210(a) ) consists of: • the docket number, the phrase "slip op." (for "slip opinion"), the court (abbreviated), and the full date. ¡ But see § 2-225(2) ! Download 1.55 Mb. Do'stlaringiz bilan baham: |
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