Kara Sears
Citing case law in Florida is a nuanced process. The Bluebook style is the standard legal citation style used in all disciplines, and it is essential to know the basic form for citing cases, constitutions, statutes, rules, books, articles, and other legal authorities. The persuasiveness of a citation depends on several factors, including the number of cases supporting the majority position, the soundness of the reasons, and their consistency with related propositions of Florida law. When citing multiple decisions from the same court, the most recent decisions should be cited first, and the number of legal authorities should be kept to a minimum. This involves understanding the purposes and best practices for citing legal authorities, such as support and attribution for the propositions advanced by the author. Proper citation also requires considering the source of the applicable law and the credibility of the cited authority.
| Characteristics | Values |
|---|---|
| Citation Style | Bluebook style, APA style |
| Citation Plan | Yes |
| Hierarchy of Authority | Supreme Court cases first, followed by cases from the district court of appeal, then other district courts of appeal |
| Multiple Decisions from Same Court | Most recent first |
| Number of Legal Authorities | Minimum, usually no more than 2 or 3 |
| String Citations | Use of introductory signals and explanatory parentheticals |
| Legal Materials | Cases, constitutions, statutes, rules, books, articles |
| Legislative Materials | Testimony, hearings, bills, related documents |
| Court Decisions | Name v. Name, Volume # Reporter Page # (Court Year). URL |
| Statutes | Name of Act, Title # Source § Section # (Year). URL |
| State Code | Name of law (if available), State Abbreviation Code Abbreviation § section number(s) (Year if available) |
| Law Name Not Available | Include legal citation in text only, e.g. 18 U.S.C. § 2258 |
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Hierarchy of authority
The hierarchy of authority is an important consideration when citing case law in Florida. This hierarchy determines the persuasiveness and weight of the cited authority in support of one's argument.
The primary source of legal authority in Florida typically falls into one of three categories: constitutional, statutory, or common law. If a constitutional provision is directly invoked by your legal argument, it serves as the most persuasive authority. Similarly, if the primary source of legal authority is a statute, then the applicable statute takes precedence. Florida courts interpret statutes to avoid inconsistency or unconstitutionality whenever possible.
In terms of court hierarchy, there are three levels: trial courts, appellate courts, and the court of last resort (often referred to as the Supreme Court). Trial courts are the basic level where legal actions are first brought. Appellate courts are the next level, where either party can appeal the trial court's decision. The Supreme Court is the highest court in the jurisdiction, where appeals from the appellate court are heard.
When citing cases, it is generally advised to cite Supreme Court cases first, followed by cases from the relevant district court of appeal, and then cases from other district courts of appeal. Within each court, the most recent decisions should be cited before older ones. Additionally, when citing multiple authorities, it is generally sufficient to cite no more than two or three cases, especially if those cases reference others.
In terms of citation style, Florida lawyers are directed to use the uniform citation system prescribed by Rule 9.800 of the Florida Rules of Appellate Procedure. This rule applies to all legal documents, including court opinions, and dictates specific formatting guidelines for citations. For cases not published in the Southern Reporter, citation to Florida Law Weekly or slip opinions may be necessary.
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Court and precedent
When citing case law in Florida, it is important to understand the role of courts and precedent. The hierarchy of courts and the weight of precedent are crucial factors in persuasive legal writing.
In Florida, the highest court is the Supreme Court of Florida, followed by the District Courts of Appeal, which are divided into five districts. When citing case law, the general rule is to cite the higher courts first, followed by the lower courts. Thus, when citing multiple cases, begin with the Supreme Court cases, followed by the relevant District Court of Appeal, and finally, other District Courts of Appeal. This hierarchy of courts is an essential consideration when citing case law, as it adds weight to your argument.
Additionally, the concept of precedent plays a pivotal role in legal citations. Precedent refers to the principle that past decisions of a higher court are binding on lower courts facing similar cases. When citing case law, it is imperative to distinguish between the holding of a case and dicta. The holding refers to the rule of law applied to the specific facts of the case, and it has precedential value. On the other hand, dicta are statements made by the court that are not essential to the outcome of the case and do not establish a binding precedent. Therefore, when citing a case, focus on the holding and ensure you are not conflating it with non-binding dicta.
The weight of precedent is also influenced by the "freshness" of the decision. More recent cases are generally considered more persuasive, as they reflect the current thinking of the courts. However, seminal cases that are well-known for establishing a particular principle may still hold significant weight, even if they are older.
When citing trial court decisions, it is important to consider the soundness of the reasoning and its consistency with Florida law. Well-reasoned trial court decisions that align with the weight of authority can be persuasive, even if they are not binding.
In addition to court hierarchy and precedent, other factors that contribute to persuasive citation of case law include the number of supporting cases, the use of introductory signals and parentheticals, and the credibility of the authority cited.
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Pinpoint cites
Pinpoint citations, also referred to as pincites, are an essential part of legal writing and are used to cite to a specific location within a source. They are used to direct the reader to the exact location of the cited material within a publication.
In Florida, the Bluebook: A Uniform System of Citation (18th edition) is the standard citation authority for legal journals. The Bluebook dictates that citations to U.S. Supreme Court cases include the case name, underlined or italicized and abbreviated according to Rule 10.2, followed by the United States Reports volume and page number. For example:
> Roe v. Wade, 410 U.S. 113, 164 (1973)
Here, "410 U.S. 113" is the citation to the United States Reports volume 410, page 113, and "164" is the pinpoint citation to page 164, where the specific material referenced appears.
When citing a case with a neutral citation and numbered paragraphs, the paragraph numbers should be used for the neutral citation pincite. For example:
> Guns Save Life, Inc. v. Ali, 2021 IL 126014, ¶ 16, 190 N.E.3d 139, 142
Here, "¶ 16" is the pinpoint citation to paragraph 16, where the relevant material can be found.
It is important to note that pinpoint citations should be included in both full and short-form citations. For example:
> United States v. Jones, 565 U.S. 400, 410-11 (2012)
> Jones, 565 U.S. at 412 · Id. at 416 (Sotomayor, J., concurring)
In this example, "410-11" is the pinpoint citation in the full-form citation, while "412" and "416" are the pinpoint citations in the short-form citations.
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Parentheticals
Parenthetical information in case citations is an optional element that explains the relevance of the case to the subject matter at hand. This is particularly useful in "string citations", where multiple cases are cited together. The parenthetical may briefly explain the proposition for which the case stands. For example, in a string citation, the most recent cases should be listed first, and a parenthetical may be used to explain their relevance.
In general, once a case has been cited in full in a document, future references to that case may be made using a short-form citation, as long as the shortened citation clearly identifies the case. Short-form citations typically include the name of only one party, omitting geographical or governmental units, the first page of the case, and the parenthetical information concerning the court and year of the decision. For example, an acceptable short-form citation for "State of Florida v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999)" could be "Walborn, 729 So. 2d at 505", but not "State of Florida, 729 So. 2d at 505".
Florida lawyers have two main sources of citation forms: the Florida Rule of Appellate Procedure 9.800, which sets forth Florida's "Uniform System of Citation", and The Bluebook: A Uniform System of Citation. The Bluebook is the appellate lawyer's "bible" for legal citation and is updated once every five years to reflect changes in citation rules. It is essential for attorneys to keep up with these changes to ensure clear communication in the appellate realm.
In addition to the above, it is important to note that all citation forms should be spelled out in full if used as an integral part of a sentence, either in the text or in footnotes. Abbreviated forms may be used if the citation is intended to stand alone.
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Signals
The purpose of citation in legal writing is attribution and support. Introductory signals are used to tell the reader how the authority relates to your proposition. There are 11 introductory signals, including " [No signal]," "Accord", "See", "See also", and "Cf."
In Florida, the Shepard's signal appears in the upper left corner, next to the case name. Clicking on the Shepard's signal will bring up the full Shepard's Report, which details whether a decision remains valid and the extent to which it has been criticized, distinguished, followed, or explained.
In Fastcase, the Authority Check tool can be used to evaluate the precedential value of a case. The Authority Check report will show later cases that have cited the case in question and can identify negative citation history.
Additionally, it is important to confirm that case law is still "good law." This means ensuring that the court decision has not been overruled or otherwise limited directly or indirectly. A citator tool, such as Shepard's in Lexis Advance and Nexis Uni, or KeyCite in Westlaw, can be used to determine if a decision remains valid.
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Frequently asked questions
Bluebook style, as outlined in The Bluebook: A Uniform System of Citation.
It's important to know the basic form for citing cases and understand the purposes and best practices. Consider the hierarchy of authority and the "freshness" of the case, as more recent citations are generally more persuasive.
Cite the most recent decisions first.
For federal statutes: Name of Act, Title # Source § Section # (Year). For state statutes: 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.
