Keith Mack
Citing codified law is a critical skill for legal professionals, researchers, and students, as it ensures accuracy, credibility, and adherence to legal standards. Codified law refers to statutes, regulations, and other legal provisions that are systematically organized and published in official collections, such as the United States Code or the Revised Statutes of Canada. Proper citation of these sources involves following specific rules and formats, which vary depending on the jurisdiction and citation style (e.g., Bluebook, ALWD, or OSCOLA). Key elements typically include the title or name of the code, section or article number, and the year or edition of the publication. Mastering these conventions not only facilitates clear communication in legal writing but also demonstrates respect for the authority and structure of the law.
| Characteristics | Values |
|---|---|
| Jurisdiction | Follow the citation format specific to the country or region (e.g., Bluebook for U.S., OSCOLA for UK). |
| Code Title | Include the official name of the code or statute (e.g., United States Code, California Code). |
| Section or Division | Specify the section, article, or division number being cited. |
| Volume and Page Number | Provide the volume and page number if citing a printed version of the code. |
| Year or Edition | Include the year or edition of the code if necessary to ensure accuracy. |
| Publisher | Mention the publisher if citing a specific edition (e.g., West Publishing, LexisNexis). |
| Pinpoint Citation | Add a pinpoint citation (e.g., paragraph, subsection) for precise referencing. |
| Electronic Source | If citing an online version, include the URL or database name (e.g., LexisNexis, Westlaw). |
| Access Date | For online sources, include the date of access in parentheses. |
| Short Title | Use the short title of the act or code if available (e.g., "U.S.C." for United States Code). |
| Parallel Citations | Include parallel citations if the law appears in multiple sources (e.g., official reporter and code). |
| Currency | Ensure the citation reflects the most current version of the law unless historical context is needed. |
| Format Consistency | Follow the citation style guide consistently for all elements (e.g., italics, punctuation). |
| Parenthetical Explanations | Add parenthetical explanations for clarity if the citation is complex or ambiguous. |
| International Laws | For international codified laws, follow the specific citation rules of the relevant treaty or document. |
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What You'll Learn
Bluebook Citation Format
When citing codified law using the Bluebook Citation Format, it is essential to follow specific rules to ensure accuracy and consistency. Codified law refers to statutes or laws that have been systematically organized and published in a code, such as the United States Code (U.S.C.) or state codes. The Bluebook provides a structured approach to citing these sources, emphasizing clarity and precision. Below is a detailed guide on how to cite codified law in accordance with Bluebook rules.
For federal statutes, the Bluebook requires citing to the United States Code (U.S.C.) whenever possible, as it is the official codification of federal laws. The basic format for citing a federal statute includes the title number, the abbreviation "U.S.C.," the section symbol (§), the section number, and the year of the code edition. For example, a citation to Title 18, Section 1111 of the U.S.C. would appear as: *18 U.S.C. § 1111 (2018)*. If the statute is not yet codified in the U.S.C., cite to the United States Statutes at Large (Stat.), using the volume number, the abbreviation "Stat.," the page number, and the year. For instance: *120 Stat. 1234 (2006)*.
State statutes are cited similarly to federal statutes but require additional elements to identify the specific state code. The general format includes the code name, the title or chapter number, the section symbol (§), the section number, and the year of the code edition. For example, a citation to the California Penal Code, Section 187, would appear as: *Cal. Penal Code § 187 (Deering 2022)*. The publisher (e.g., Deering, West) is included in parentheses after the year. If the state code is not officially published, cite to the session laws using the volume number, the state abbreviation, the abbreviation "Stat.," the page number, and the year.
When citing codified law, it is crucial to include the appropriate abbreviations and punctuation as prescribed by the Bluebook. For instance, the section symbol (§) is used to denote a specific section within a code, and the word "section" should not be spelled out. Additionally, the year of the code edition is enclosed in parentheses and follows the section number. If referencing a specific subsection or paragraph within a section, use the appropriate subdivision symbols, such as parentheses or lowercase letters, as required by the Bluebook.
Finally, if the cited statute has been amended or repealed, the Bluebook advises including a parenthetical note to indicate the change. For example, if a statute was amended in 2020, the citation might include: *18 U.S.C. § 1111 (2018 & Supp. V 2020)*. This ensures that the reader is aware of the current status of the law. By adhering to these Bluebook rules, legal writers can accurately and professionally cite codified law in their work.
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MLA Style for Legal Codes
When citing codified law in MLA style, it is essential to provide clear and accurate information to allow readers to locate the legal source. MLA (Modern Language Association) style, primarily used in the humanities, does not have specific guidelines for legal citations, so it is common to adapt the principles of *The Bluebook: A Uniform System of Citation* or other legal citation guides while maintaining MLA’s general format. The goal is to include enough detail to identify the law, such as the title of the code, section or chapter number, and the year or edition of the code.
To cite a legal code in MLA, begin with the name of the code or statute, italicized as it is considered a larger work. For example, if citing the *United States Code*, you would start with the full title in italics. Next, provide the specific section or chapter being referenced, using the abbreviation "sec." for section or "ch." for chapter, followed by the number. If the code is part of a larger set or edition, include the title of the set, the volume or chapter number, and the year of publication. For instance: *United States Code*, *Title 18*, *sec. 241* (2018). This format ensures clarity and precision in identifying the exact legal provision.
In addition to the code details, include the publisher or source where the code was accessed, especially if using an online database or print edition. For print sources, provide the publisher's name and location. For online sources, include the URL or database name. If the code is accessed through a government website, cite the URL directly. For example: *United States Code*, *Title 42*, *ch. 21* (2020). Legal Information Institute, *Cornell Law School*, https://www.law.cornell.edu. This ensures the citation is traceable and verifiable.
When citing a specific subsection or paragraph within a legal code, use paragraph symbols (¶) or subsection abbreviations (e.g., "subsec. (a)") to pinpoint the exact location. For example: *California Penal Code*, *sec. 187*(a) (2019). If the code is part of a compiled or annotated edition, include the editor’s name or the name of the annotator, followed by the edition number or year. For instance: *New York Consolidated Laws Service*, *General Obligations Law*, *sec. 5-311* (McKinney 2021). This level of detail helps readers navigate complex legal texts.
Finally, ensure consistency and adherence to MLA’s general formatting rules, such as double-spacing and the Works Cited page. While MLA is flexible with legal citations, maintaining a clear and logical structure is crucial. Always verify the accuracy of the citation, as legal codes are frequently updated. By combining MLA’s principles with legal citation practices, you can effectively cite codified law in academic or professional writing.
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APA Guidelines for Statutes
When citing codified law in APA style, it is essential to follow specific guidelines to ensure accuracy and consistency. The American Psychological Association (APA) provides a framework for referencing statutes, which are laws enacted by legislative bodies and organized in codes or compilations. Here’s a detailed guide on how to cite statutes according to APA guidelines.
Basic Structure for Citing Statutes:
The general format for citing a statute in APA style includes the name of the statute, the title or chapter number, the abbreviated name of the code, the section or part number, and the year. The citation should be concise and provide enough information for readers to locate the law. For example: *Social Security Act, 42 U.S.C. § 402 (2018)*. This format highlights the statute's name, the United States Code (U.S.C.) citation, the specific section, and the year of the cited version.
Elements of a Statute Citation:
A complete APA citation for a statute typically includes the following elements: (1) the official name of the statute, (2) the volume and title number of the code (if applicable), (3) the abbreviated name of the code (e.g., U.S.C. for United States Code), (4) the section, part, or paragraph number, and (5) the year of the cited version. For instance, if citing the Americans with Disabilities Act, it would appear as: *Americans with Disabilities Act, 42 U.S.C. § 12112 (2015)*. If the statute is part of a state code, include the state abbreviation before the code name, such as *California Penal Code § 187 (2020)*.
In-Text Citations for Statutes:
In-text citations for statutes in APA style should include the name of the statute and the year, if relevant to the discussion. For example: (Social Security Act, 2018). If the statute is frequently referenced, the abbreviation of the code may be used after the first citation, such as (42 U.S.C. § 402, 2018). Ensure that the in-text citation corresponds to the full citation in the reference list.
Special Considerations:
When citing statutes, be mindful of updates or amendments. If referencing a specific version of a statute, include the year of that version. For historical or older statutes, provide the original year of enactment followed by the year of the cited version, if applicable. Additionally, if the statute is part of a larger compilation or session laws, include the relevant details, such as the chapter and session law citation. For example: *An Act to Establish Justice, 1 Stat. 73 (1789)*.
Reference List Entry:
In the reference list, statutes are not typically included unless they are directly quoted or are central to the work. However, if a statute must be included, follow the format: *Name of Statute, Code Abbreviation § Section Number (Year)*. For example: *Civil Rights Act, 42 U.S.C. § 1983 (1964)*. This ensures clarity and adherence to APA standards.
By following these APA guidelines for citing statutes, researchers and writers can accurately reference codified law in their academic or professional work, maintaining credibility and facilitating easy verification of sources.
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Chicago Manual of Style Rules
When citing codified law using the Chicago Manual of Style (CMOS), it is essential to follow specific guidelines to ensure accuracy and consistency. CMOS provides rules for citing statutes, codes, and other legal materials in both footnotes and bibliographies. The primary focus is on clarity and providing sufficient information for readers to locate the cited law. Below are detailed instructions for citing codified law according to CMOS rules.
In footnotes, CMOS recommends a concise yet comprehensive format for citing codified law. Begin with the name of the statute or code, followed by the section or title number, and then the year of the edition or revision. For example, a citation to the United States Code might appear as: *42 U.S.C. § 1983 (2018)*. Here, "42 U.S.C." refers to Title 42 of the United States Code, "§ 1983" is the specific section, and "(2018)" indicates the edition or revision year. If citing a specific subsection or paragraph, include it after the section number, such as *42 U.S.C. § 1983(a) (2018)*. For state codes, use the official abbreviation of the state followed by the code abbreviation, section number, and year, e.g., *Cal. Penal Code § 187 (Deering 2020)*.
In bibliographies, CMOS treats codified law citations similarly but with slight variations. The entry should include the full name of the code or statute, the jurisdiction (if not obvious), the publisher, and the year of publication. For instance, a bibliography entry for the United States Code might look like this: *United States Code. 2018 ed. Washington, D.C.: Government Publishing Office*. For state codes, include the state name and publisher, e.g., *California Penal Code. 2020 ed. (Deering). San Francisco: LexisNexis*. If citing a specific section, it is not necessary to include it in the bibliography unless the entire citation refers to that section.
When citing historical or older versions of codified law, CMOS advises including the original year of enactment or a specific historical edition. For example, if referencing a 1964 version of a statute, the citation might appear as: *Civil Rights Act of 1964, 42 U.S.C. § 2000e (1964)*. This ensures that readers can distinguish between the original law and subsequent amendments or revisions. Additionally, if the law has been amended, note the amendment year in parentheses after the section number, e.g., *42 U.S.C. § 1983 (amended 2018)*.
Finally, online sources of codified law should be cited with the same precision as print sources, but with the addition of a URL or database name. For example, a citation to an online version of the United States Code might include: *42 U.S.C. § 1983 (2018), Legal Information Institute, https://www.law.cornell.edu/uscode/text/42/1983*. If using a subscription database like Westlaw or LexisNexis, include the database name in the citation, e.g., *Cal. Penal Code § 187 (Deering 2020), LexisNexis*. Always ensure that the URL or database reference is stable and accessible to readers. By adhering to these CMOS rules, citations to codified law will be both accurate and user-friendly.
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OSCOLA Legal Citation Standards
When citing codified law under the OSCOLA (Oxford University Standard for Citation of Legal Authorities) standards, precision and consistency are paramount. OSCOLA provides specific guidelines for referencing statutes, ensuring clarity and uniformity in legal writing. The primary elements to include when citing codified law are the title of the legislation, the jurisdiction, the year of the legislation, and the specific section or provision being referenced. For example, a basic citation for a UK statute would follow this format: *Name of Act* yyyy, s/section number. This structure allows readers to locate the exact legal provision with ease.
In OSCOLA, the title of the legislation should be italicised, and the year of the legislation follows immediately after the title, separated by a space. For instance, *Data Protection Act 2018*. If referencing a specific section, the abbreviation "s" (for section) or "ss" (for sections) is used, followed by the section number(s). For example, *Data Protection Act 2018*, s 3. If citing multiple sections, they should be separated by a comma and enclosed in parentheses if they are consecutive, e.g., *Data Protection Act 2018*, ss (3-5). This ensures the citation is both concise and informative.
For legislation with amendments or revisions, OSCOLA requires the inclusion of the amending legislation or the revised edition. If citing an amended version, the original year of the Act is followed by the amending Act and its year in parentheses. For example, *Corporation Tax Act 2009* (as amended by *Finance Act 2020*). If referencing a revised statute, the abbreviation "rev" is added after the year, e.g., *Income Tax Act 2007*, rev ed. This practice ensures the citation reflects the current state of the law.
When citing legislation from jurisdictions outside the UK, OSCOLA mandates the inclusion of the country or region in parentheses after the title of the legislation. For example, *Constitution of India 1950* (India), art 14. If the legislation is not in English, the title should be provided in the original language, followed by an English translation in square brackets. For instance, *Gesetz gegen den unlauteren Wettbewerb 2004* [Unfair Competition Act 2004] (Germany), s 3. This approach ensures clarity and accessibility for readers unfamiliar with the jurisdiction.
Finally, OSCOLA allows for the use of official abbreviations for frequently cited legislation to save space and improve readability. For example, the *Human Rights Act 1998* can be abbreviated as *HRA 1998*. However, the first citation in a document should include the full title, with subsequent citations using the abbreviation. This balance between brevity and clarity is a hallmark of OSCOLA's approach to legal citation. By adhering to these standards, legal writers can ensure their citations are accurate, consistent, and user-friendly.
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Frequently asked questions
Codified law refers to statutes or laws that are systematically organized and compiled into a code, such as the U.S. Code or the California Penal Code. To cite codified law, include the code name, title or chapter number, section, and year or edition of the code, e.g., *U.S.C. § 1234 (2023)*.
In APA format, cite codified law as follows: *Code Name* § section number (Year). Example: *United States Code* § 1234 (2023). In MLA, use the format: *Code Name* § section number (Year). Example: *United States Code* § 1234 (2023).
No, you do not need to include the full text of the law when citing codified law. Instead, provide a precise citation to the relevant section, allowing readers to locate the law independently. However, you may quote or paraphrase specific provisions as needed to support your argument.
