Citing Case Law: Using Westlaw Effectively

how to cite case law from westlaw

Westlaw is a legal database that provides users with access to a wide range of legal information, including case law. Citing case law from Westlaw can be done in a few ways, depending on the specific requirements and context. One commonly used method is The Bluebook: A Uniform System of Citation, which is the main guide for legal citation, especially for law review articles. Another option is the ALWD Guide to Legal Citation, which covers similar information but is clearer and aimed at students and practising attorneys. Additionally, Westlaw offers its own citation tool that allows users to easily generate formatted citations for legal cases. This tool can be accessed by locating the relevant case, highlighting the text to be cited, and clicking on the Copy with Reference link. It is important to note that the citation format may vary depending on the style guide or requirements specified by the user's professor or organisation.

Characteristics Values
Case name United States v. Bennett
Docket number No. 05-CR-6050 CJS
Database identifier W.D.N.Y.
Court name Westlaw (WL)
Full date of the most recent major disposition of the case 21 October 2005
Screen or page numbers Asterisk (*) before the number
Paragraph numbers Paragraph symbol before the number
Case citation tool Copy with Reference link

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Using Westlaw's citation tool

Westlaw is a powerful tool for legal professionals, offering a range of citation tools to make the process of referencing case law more efficient and accurate.

To use Westlaw's citation tool effectively, follow these steps:

Step 1: Accessing the Tool

Begin by locating the "Citing References" tab on Westlaw. This is the gateway to a wealth of citation information.

Step 2: Navigating Citations

Once you've clicked on the "Citing References" tab, you'll find that the citations are sorted by the type of content. This makes it easier to navigate and find the specific citation you require. For instance, you can view law journal articles, cases, and court documents that all cite a particular article.

Step 3: Selecting the Right Citation Style

When it comes to legal citations, the Bluebook and ALWD styles are commonly used. Westlaw offers a convenient way to obtain these standard formats. Highlight the brief legal cite at the top of the court decision as if you're about to copy it. A box will then appear, offering various legal citation options, including ALWD, standard, Westlaw, and state-specific formats.

Step 4: Copying the Citation

Choose the desired citation style, such as ALWD, and click on "Copy with Reference (ALWD)." When you paste the citation, it will appear in the chosen format, containing all the necessary information for someone to locate the case.

Additional Resources:

It's worth noting that Westlaw also provides access to law reviews and journals through its Law Reviews & Journals Index. This can be a valuable resource for legal research. Additionally, Zotero, a free bibliographic management software, integrates with word processors to generate Bluebook-style references.

By following these steps and utilizing the tools provided by Westlaw, you can efficiently and accurately cite case law, ensuring your legal work is properly referenced.

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Citing unpublished opinions

The Bluebook provides a uniform system of legal citation for unpublished opinions. The Bluebook and Georgetown Law Library guides outline the following rules for citing unpublished opinions:

Rule 10.8.1 describes how to cite an unpublished case, and there are examples in the chart at the beginning of Rule 10 (page 95). A citation to an unpublished case that is available in Westlaw, Lexis, Bloomberg Law, or another "widely used electronic database" (Rule 10.8.1(a)) has the following five elements:

  • Name of the case (underlined or italicized and abbreviated according to Rule 10.2). For example: United States v. Bennett.
  • Docket number. For example: No. 05-CR-6050 CJS.
  • Database identifier. For example: Westlaw's identifier is "WL".
  • Court name. For example: W.D.N.Y.
  • Full date of the most recent major disposition of the case. For example: Oct. 21, 2005.

The citation for the above example would look like this: United States v. Bennett, No. 05-CR-6050 CJS, 2005 WL 2709572 (W.D.N.Y. Oct. 21, 2005).

If an unpublished case is not available in an electronic database and is only available as a slip opinion, the citation is the same, except without the database identifier: United States v. Bennett, No. 05-CR-6050 CJS (W.D.N.Y. Oct. 21, 2005).

It is important to note that courts have varying rules and regulations regarding the acceptability of citations to unpublished opinions. Federal Rule of Appellate Procedure 32.1 provides that a court of appeals may not prohibit a party from citing an unpublished opinion of a federal court for its persuasive value or any other reason. This rule applies only to unpublished opinions issued on or after January 1, 2007. The citation of unpublished opinions issued before that date would be governed by the local rules of the circuits.

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Citing unreported cases

Westlaw is a database that contains a large number of unreported cases. These are cases that have not been published in a hard copy reporter series, such as the West Regional and Federal Reporters from the National Reporter System.

Unreported cases can be cited if they are available on a widely used electronic database. The citation should include the case name, docket number, database identifier, court name, and full date of the most recent major disposition of the case.

For example, the case name should be underlined or italicized and abbreviated according to Rule 10.2. The docket number should be cited exactly as it appears, and any database identifiers, such as Westlaw (WL), Lexis (LEXIS), or Bloomberg Law (BL), must be included.

If an unreported case is only available as a slip opinion (i.e., it has not yet been added to a reporter), the citation is the same as for an unreported case in a database, except without the database identifier.

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Citing cases in APA style

When citing case law in APA style, it is important to note that legal citations differ from other APA citations. Generally, legal citations do not list authors, and abbreviations are used to make them more concise.

To cite a court case or decision, list the following:

  • Name of the case in italics (in-text citation only).
  • Volume.
  • Abbreviated name of the reporter or publication in which the case is documented.
  • Page number.
  • Name of the court.
  • Year.
  • URL (optional).

For example: *Brown* v. Volume # Reporter Page # (Court Year). URL

If the case has not yet been reported in print and does not have a specific page number, include three underscores in place of the page number: Chicago v. Fulton, 592 U.S. ___ (2021). https://www.supremecourt.gov/opinions/20pdf/19-357_6k47.pdf

If the case is reported in multiple publications, cite all the reporters in which the case appears, using parallel citation. List the volume, reporter, and page number for each citation, without repeating the name of the case, court, or year. For example: Brown v. Volume #, Reporter page #; Volume #, Reporter page # (Year).

For federal court decisions, the format is as follows: Name v. Name, Legal Citation (Issuing Court Abbreviation, year). For example: Christopher S. v. Stanislaus County Office of Education, 384 F.3d 1205 (9th Cir., 2004).

State court decisions follow a similar format but may vary in the reporter element, as there are multiple reporters that publish their decisions. For example: Name v. Name, Volume # Reporter Page # (Court Year).

The 6th edition of the Publication Manual of the American Psychological Association (2010) outlines the citation style for legal materials in the Appendix to Chapter 7 (pp. 216–224). APA uses the formats outlined in The Bluebook: A Uniform System of Citation for court decisions, statutes, codes, and other legal publications.

Other legislative materials like testimony, hearings, and bills that are not law can also be cited. Their reference list templates may include a URL, but this is optional.

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Citing cases in MLA style

Westlaw is a legal database that provides references in the Bluebook/ALWD legal citation style. However, if you need to cite a case in MLA style, you can refer to the MLA Style Center for guidance. The MLA Handbook, 8th edition, provides the guidelines for citing court cases, laws, and other legal documents.

When citing a court case in MLA style, it is essential to italicize the case name and follow the basic MLA format of author, title, location, and date. For example, the citation for the case "Cool v. United States" in MLA style would be:

> Cool v. United States, 409 U.S. 100, 93 S. Ct. 354, 34 L. Ed. 2d 335, 1972 U.S. LEXIS 9 (Supreme Court of the United States December 4, 1972, Decided).

Note that the case name is italicized, and the location and date are included in the citation. Additionally, when citing a legal source within another work, such as the United States Code on a website, treat the source as an independent publication and style the title accordingly.

Westlaw also offers a citation tool to generate formatted citations for legal cases. Simply locate the case, highlight the relevant text, and click on "Copy with Reference" to obtain the citation in the desired format. However, keep in mind that the citation generated by Westlaw may be in the Bluebook/ALWD legal citation style, which differs from MLA style.

In summary, when citing cases in MLA style, adhere to the guidelines provided by the MLA Handbook and the MLA Style Center. Italicize case names, follow the basic MLA format, and include relevant information such as location and date. Additionally, utilize the resources provided by Westlaw and other style guides to ensure accurate and consistent citations.

Frequently asked questions

The Westlaw database offers a citation tool that can be used to generate a formatted citation for a legal case. Simply locate your case, highlight the text you plan to cite, and click on the "Copy with Reference" link.

If the case is unpublished and is only available as a slip opinion, the citation remains the same, excluding the database identifier. For example: United States v. Bennett, No. 05-CR-6050 CJS (W.D.N.Y. Oct. 21, 2005).

If the case is unreported but available on an electronic database, it may be cited in that database. Provide the case name, docket number, database identifier, court name, and full date of the most recent major disposition of the case. For example: Int'l Snowmobile Mfrs. Ass'n v. Norton, No. 00-CV-229-B, 2004 WL 2337372, at *3, *7 (D. Wyo. Oct. 14, 2004).

Yes, for legal studies courses, your professor may instruct you to use "The Bluebook: A Uniform System of Citation" or the ALWD Guide to Legal Citation.

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