Cameron Miranda
Citing Oregon law requires adherence to specific formatting guidelines to ensure accuracy and consistency. When referencing statutes, begin with the official code citation, such as Or. Rev. Stat. § [section number] ([year]), followed by the specific statute being cited. For administrative rules, use the Oregon Administrative Rules (OAR) format, e.g., OAR [chapter]-[rule number] ([year]). Case law citations should follow the standard Bluebook format, including the case name, volume, reporter, page number, and year, such as State v. Smith, 345 Or. 123, 188 P.3d 267 (2008). Always verify the most current version of the law and consult legal citation manuals or style guides for detailed instructions tailored to your jurisdiction or publication requirements.
| Characteristics | Values |
|---|---|
| Citation Format | Oregon Revised Statutes (Or. Rev. Stat.) followed by the section number, year, and optionally the chapter number. |
| Example | Or. Rev. Stat. § 163.115 (2023) |
| Chapter Citation | Or. Rev. Stat. ch. 163 (2023) |
| Session Laws | Cited as Or. Laws followed by the year, chapter number, and optionally the section number. |
| Session Laws Example | Or. Laws 2023, ch. 123, § 1 |
| Case Law | Cited using the Pacific Reporter (P.3d or P.2d) with the volume, page number, and year. |
| Case Law Example | State v. Smith, 365 Or. 345, 444 P.3d 921 (2019) |
| Administrative Rules | Cited as Oregon Administrative Rules (OAR) followed by the rule number. |
| Administrative Rules Example | OAR 123-001-0001 (2023) |
| Court Rules | Cited using the Oregon Rules of Court (Or. R.) followed by the rule number. |
| Court Rules Example | Or. R. Civ. P. 7 (2023) |
| Constitution | Cited as Or. Const. followed by the article, section, and optionally the paragraph. |
| Constitution Example | Or. Const. Art. I, § 8 |
| Updates | Regularly check the Oregon State Legislature website or legal databases for the most current statutes and rules. |
| Bluebook Compliance | Follows The Bluebook: A Uniform System of Citation for legal citations, with specific Oregon rules. |
| Online Access | Available via the Oregon Legislature website, Westlaw, LexisNexis, and other legal research platforms. |
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What You'll Learn
Oregon Revised Statutes (ORS)
When citing Oregon law, particularly the Oregon Revised Statutes (ORS), it is essential to follow a structured format to ensure clarity and accuracy. The ORS is the primary compilation of Oregon's statutes and serves as the foundation for legal research and citation within the state. Proper citation of the ORS is crucial for legal professionals, researchers, and students to maintain credibility and adhere to established standards. The most widely accepted citation style for Oregon law is based on The Bluebook: A Uniform System of Citation, which provides specific guidelines for citing state statutes.
To cite a specific section of the ORS, begin with the abbreviation "Or. Rev. Stat." followed by the section number. For example, if referencing Oregon's statute on theft, the citation would be "Or. Rev. Stat. § 164.015". The section symbol (§) is used to denote the specific provision within the statute. If citing multiple sections, list them in ascending numerical order, separated by commas or using a hyphen for consecutive sections (e.g., "Or. Rev. Stat. §§ 164.015, 164.045–164.065"). It is important to include the year of the statute edition in parentheses following the citation, such as (2023), to indicate the currency of the law being referenced.
In addition to the basic citation format, it is often necessary to include the specific subsection, paragraph, or clause within the statute. This is achieved by adding lowercase letters or numbers after the section number, as in "Or. Rev. Stat. § 164.015(1)(a)". This level of detail ensures that the reader can locate the exact provision being discussed. When citing the ORS in a footnote or inline, consistency and precision are key to avoiding confusion and maintaining professional standards.
For those using online legal databases such as LexisNexis or Westlaw, the ORS can also be cited with a reference to the electronic source. For example, a citation might include "Or. Rev. Stat. § 164.015 (LexisNexis 2023)" or "Or. Rev. Stat. § 164.015 (Westlaw 2023)". This practice acknowledges the medium through which the statute was accessed, which can be helpful for verification purposes. However, the core elements of the citation—the abbreviation, section number, and year—remain consistent across formats.
Finally, when citing the ORS in academic or legal writing, it is advisable to consult the most recent edition of The Bluebook or the Oregon Revised Statutes themselves to ensure compliance with the latest citation rules. Proper citation not only facilitates legal research but also demonstrates respect for the authority and precision of Oregon law. By adhering to these guidelines, writers can effectively reference the ORS in a manner that is both professional and accessible to their audience.
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Oregon Administrative Rules (OAR)
When citing Oregon Administrative Rules (OAR), it is essential to follow a structured format to ensure clarity and accuracy. The OARs are rules adopted by state agencies to implement and interpret Oregon statutes. Proper citation of these rules is crucial for legal documents, academic writing, and professional communications. The general format for citing an OAR includes the rule number, the title of the rule, and the year of the edition or supplement being referenced. This format adheres to the guidelines provided by the Oregon Secretary of State and legal citation manuals.
To cite an OAR, begin with the abbreviation "OAR," followed by the rule number. For example, if referencing a rule under the Department of Environmental Quality, the citation would start as "OAR 340-015." The rule number is typically divided into chapters and sections, reflecting the agency and specific regulation. After the rule number, include the title of the rule in quotation marks. For instance, "OAR 340-015-0010 ‘Definitions’" clearly identifies the specific section being cited. This format ensures that the reader can easily locate the referenced rule within the Oregon Administrative Rules.
In addition to the rule number and title, it is important to specify the edition or supplement of the OAR being used. The Oregon Administrative Rules are periodically updated, and citing the correct version is critical for accuracy. For example, you might add "(2023 ed.)" at the end of the citation to indicate the year of the edition. If referencing a specific filing or amendment, include the date of the filing in parentheses after the rule title. For instance, "OAR 340-015-0010 ‘Definitions’ (Jan. 1, 2023)." This level of detail ensures that the citation is both precise and verifiable.
When incorporating OAR citations into a document, consistency is key. Follow the citation style required by your institution or publication, whether it is Bluebook, ALWD, or another legal citation guide. In Oregon-specific contexts, the Oregon Revised Statutes (ORS) and OAR are often cited together, as rules are typically tied to enabling statutes. For example, you might write, "Under ORS 466.005 and OAR 340-015-0010, the agency defines key terms for regulatory purposes." This approach links the statutory authority with the implementing rule, providing a comprehensive legal reference.
Finally, ensure that the citation is accessible to your audience. If the OAR is available online, consider including a hyperlink to the official Oregon Secretary of State website, where the rules are published. For example, "OAR 340-015-0010 ‘Definitions’ (2023 ed.), available at [https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=340](https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=340)." This practice enhances the usability of your citation, especially in digital formats. By following these guidelines, you can effectively and accurately cite Oregon Administrative Rules in any legal or professional context.
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Oregon Case Law Citations
When citing Oregon case law, it is essential to follow the guidelines established by the Oregon Rules of Appellate Procedure and the Bluebook: A Uniform System of Citation. These rules ensure consistency and clarity in legal citations. Oregon case law citations typically include the case name, volume number, reporter abbreviation, page number, court, and year. For example, a basic citation for an Oregon Supreme Court case would look like this: *State v. Smith, 352 Or. 49, 281 P.3d 618 (2012)*. This format provides the case name, volume and reporter (Oregon Reports), starting page number, court (Or.), and year of decision.
In addition to the basic format, Oregon case law citations may include additional elements depending on the context. For instance, if the case is unpublished or not available in the official reporter, you may need to cite to the regional reporter (Pacific Reporter) or an electronic database. An example of citing to the Pacific Reporter would be: *Doe v. Corporation, 250 P.3d 945 (Or. Ct. App. 2011)*. When citing to an electronic database like Westlaw or LexisNexis, include the database name and date of access, such as: *Johnson v. Hospital, 2020 WL 1234567 (Or. Ct. App. 2020) (Westlaw)*.
Parallel citations are also important in Oregon case law citations. A parallel citation refers to the same case reported in another source. For example, if a case is reported in both the Oregon Reports and the Pacific Reporter, both citations should be included. The citation would appear as: *State v. Brown, 360 Or. 123, 377 P.3d 589, 248 P.3d 428 (2016)*. The first citation is to the Oregon Reports, followed by the Pacific Reporter citation, ensuring comprehensive access to the case.
When citing to Oregon Court of Appeals cases, the format is similar to Supreme Court cases but includes the specific court abbreviation. For example: *In re Estate of Jones, 234 Or. App. 456, 228 P.3d 610 (2010)*. If the case is from a lower court or administrative agency, the citation should reflect the appropriate court or agency. For instance, a citation to an Oregon Tax Court case would be: *Department of Revenue v. Taxpayer, 15 OTR 123 (2000)*.
Finally, it is crucial to ensure accuracy and completeness in Oregon case law citations. Always verify the case name, volume, reporter, and page numbers against the official source. When in doubt, consult the Oregon Rules of Appellate Procedure or the Bluebook for specific guidance. Proper citation not only facilitates legal research but also upholds the integrity of legal writing and argumentation in Oregon.
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Bluebook Citation Format for Oregon
When citing Oregon laws using the Bluebook citation format, it is essential to follow specific guidelines to ensure accuracy and consistency. The Bluebook, widely regarded as the definitive style guide for legal citations, provides detailed rules for citing state statutes, including those from Oregon. For Oregon Revised Statutes (ORS), the primary citation format involves referencing the official codified version of the law. The basic structure for citing an Oregon statute is as follows:
In addition to the ORS, Oregon also has session laws, which are cited differently. Session laws are the laws as they were originally enacted by the legislature before being codified in the ORS. To cite an Oregon session law, use the following format:
When citing Oregon administrative rules, which are regulations created by state agencies, the Bluebook format requires referencing the Oregon Administrative Rules (OAR). The basic citation structure is:
For Oregon court decisions, the Bluebook provides specific rules depending on the court. Oregon Supreme Court and Court of Appeals cases are cited using the standard format for state court reporters. For example, a citation to a 2023 Oregon Supreme Court case would be:
Finally, when citing Oregon constitutional provisions, the Bluebook format requires referencing the Oregon Constitution by article and section. The basic structure is:
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Legislative History Citations
When citing legislative history in Oregon law, it is essential to follow a structured approach to ensure clarity and accuracy. Legislative history citations are crucial for understanding the intent and evolution of a statute, and they often include materials such as committee hearings, floor debates, and legislative reports. The Oregon Revised Statutes (ORS) and the Oregon Legislative Assembly’s website are primary resources for accessing these materials. To cite legislative history, begin by identifying the specific session law or bill number associated with the statute in question. For example, if you are researching the origins of ORS 123.456, you would trace back to the session law or bill that enacted or amended it.
The first step in crafting a legislative history citation is to locate the relevant bill number. This can be found in the ORS annotations or through the Oregon Legislative Assembly’s website. Once the bill number is identified, the citation should include the session year, the chamber (House or Senate), and the bill number. For instance, a citation might appear as "Or. HB 1234 (2023)." If referencing a specific section of the bill, such as a committee report or amendment, include the section designation, such as "Or. HB 1234, § 5 (2023)." This level of specificity ensures that readers can easily locate the referenced material.
Committee hearings and reports are another critical component of legislative history citations. These materials provide insights into the legislative intent and the rationale behind a statute. To cite a committee hearing, include the committee name, the date of the hearing, and the session year. For example, "House Committee on Judiciary, Hearing on HB 1234 (Feb. 15, 2023)." If referencing a committee report, cite it as "House Committee on Judiciary, Report on HB 1234 (2023)." These citations should be accompanied by a clear description of the content being referenced, such as testimony from a specific witness or a particular amendment discussed.
Floor debates in the House or Senate can also be cited to provide context for a statute’s enactment or amendment. To cite a floor debate, include the chamber, the date of the debate, and the session year. For example, "House Floor Debate on HB 1234 (Mar. 10, 2023)." If referencing a specific statement made during the debate, include the speaker’s name and the page or section of the transcript where the statement appears. For instance, "Rep. Jane Doe, House Floor Debate on HB 1234, at 12 (Mar. 10, 2023)." This level of detail ensures that the citation is both precise and useful.
Finally, when citing legislative history materials, it is important to adhere to the citation format used in Oregon legal practice. The *Oregon Bluebook* provides specific guidelines for citing legislative history, including the use of abbreviations and punctuation. For example, "Or." is used to abbreviate "Oregon," and session laws are cited with the year in parentheses. Consistency in formatting not only enhances the professionalism of the citation but also facilitates ease of use for readers. By following these guidelines and including detailed, specific references, legislative history citations in Oregon law can effectively support legal analysis and interpretation.
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Frequently asked questions
In APA format, cite the ORS as follows: *Oregon Revised Statutes* (Year). *Section number*. Example: *Oregon Revised Statutes* (2023). § 163.115.
In Bluebook format, cite Oregon laws as: Or. Rev. Stat. § x (year). Example: Or. Rev. Stat. § 163.115 (2023).
Cite OAR as: OAR xxx-xxx-xxxx (year). Example: OAR 837-001-0001 (2023).
While popular names can be used in informal contexts, legal citations should always include the official section number and statute reference for accuracy.
The most up-to-date version of Oregon laws can be found on the official Oregon Legislature website or through legal databases like Westlaw or LexisNexis.
