Kara Sears
The inclusion of case law citations in complaints is generally not necessary, as the complaint serves to notify defendants of the allegations against them, which can be done without citing case law. The complaint should provide a concise statement of the claim, and if a statute or case directly provides the authority for the cause of action, it is acceptable to cite these. However, the complaint is typically not the place for legal argument, and including excessive information or support through case law citations may even result in the complaint being dismissed, as seen in the case of Lance Armstrong's federal court filing. Nevertheless, in certain situations, such as nuanced jurisdictional issues, citing case law in a complaint may be warranted to demonstrate the court's jurisdiction clearly.
| Characteristics | Values |
|---|---|
| Whether to include case citations in a complaint | Generally, case citations are not included in a complaint. However, it is acceptable to cite statutes or cases that provide the authority for your cause of action. |
| Purpose of a complaint | A complaint puts defendants on notice of your allegations, and they can understand these allegations without the need for case law. |
| Jurisdiction | It is important to cite the statutes that provide for jurisdiction in federal courts as jurisdiction is limited, and the complaint needs to demonstrate that it exists. |
| Content of a complaint | A complaint should follow "notice pleading", providing a "short and plain statement" of a claim, with the exception of fraud or mistake, which require particularized allegations. |
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What You'll Learn
Complaints should be concise
Generally, complaints should be concise and not include case citations. This is because the complaint is simply putting defendants on notice of the allegations, and they can understand these allegations without the need for case citations. In fact, including too much information or support in a complaint could lead to it being dismissed, as happened with Lance Armstrong's federal court complaint filing against the US Anti-Doping Agency.
However, there are some instances where case law citations may be included. For example, if a statute or case provides the authority for your cause of action, it is acceptable to cite these. If you are filing in District Court, you may cite case law to demonstrate that jurisdiction exists, particularly if it is a nuanced jurisdictional issue. It is important to note that you should always check with a lawyer in your district to determine whether there are local rules that pertain to the manner in which you should create and file complaints.
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Case law is not always necessary
Case law, or common law, is a law based on precedents, or the judicial decisions from previous cases, rather than laws based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that has been resolved by courts or similar tribunals. These past decisions are called "case law" or "precedent". Stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
While case law is an important aspect of the legal system, it is not always necessary or appropriate to include case citations in every legal document or argument. For example, when filing a federal lawsuit or complaint, instructions often specifically state not to cite case law in the initial complaint. This is because the court could dismiss the complaint for including too much information or support. Instead, it is crucial to cite the statutes that provide for jurisdiction, as jurisdiction in federal courts is limited, and the complaint needs to demonstrate that jurisdiction exists.
In some cases, a jurisdiction section in the complaint that spells out the statutory authority granting federal jurisdiction may be required. This is known as "notice pleading" and requires a "short and plain statement" of a claim, except for "fraud or mistake", which requires "particularized" allegations. Supreme Court cases have clarified that a complaint must contain sufficient factual matter, which, if accepted as true, states a claim to relief that is plausible on its face. While case law citations are not necessary in this context, it is important to understand and reference the relevant statutes and constitutional provisions.
Additionally, in some legal traditions, such as civil law, court decisions are historically brief and not formally used to establish precedent. In these traditions, the exposition of the law is often done by academics rather than judges, and their work is published in treatises or journals. This highlights that while case law is influential, it is not the only factor considered when interpreting and applying the law. Other sources, such as legal encyclopedias, the published work of law commissions, and statutory guidance from bodies like the Highway Code, can also provide persuasive authority for judges to consider when deciding a case.
In conclusion, while case law plays a significant role in the legal system by providing precedents for courts to follow, it is not always necessary to include case citations in every legal document or argument. It is important to follow the specific instructions and requirements for each type of legal proceeding and to focus on providing the relevant information needed to support the case or argument effectively.
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Statutes should be cited
The Bluebook provides a uniform system of legal citation. It requires that the current official statutory code be cited when citing a statute currently in force. The Bluebook also specifies that citations to a federal code do not require a date. However, currency information must be provided for citations to codes in digital databases. When citing a code in an electronic database, the database and its currency should be noted in parentheses. For example, "Cal. Civ. Code 1620 (West, Westlaw through 2012 portion of 2011-2012 Reg. Sess.)".
When citing a statute, the statute's name should only be included if it is commonly cited by name. It is permissible to use either the official or popular name, or both, placing the popular name in parentheses. For example, "Digital Millennium Copyright Act (DMCA) § 103, 17 U.S.C. § 1201 (2006)". The U.S. Code and many state codes are arranged by numeric titles.
Unofficial codes or their supplements should be cited if the official code is unavailable. If these are also unavailable, other sources can be cited in the following order of preference: official session laws, privately published session laws, commercial electronic databases, looseleaf services, internet sources, or newspapers. Federal statutes that are enacted after the most recent edition or supplement of the U.S.C. should be cited using an unofficial code until the statute appears in the U.S.C.
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Jurisdiction must be demonstrated
For example, in the U.S. District Court for the Central District of California, it is rare to cite any case in a complaint. Citations are used for legal argument in motions, and are not necessary in complaints or answers. However, on occasion, a case citation may be included in the allegations of a complaint if it helps to explain the claim being asserted in the claim for relief.
In one instance, a case law citation was included in a complaint because jurisdiction was foreseen to be an issue, and a default order was hoped for. The case law supported the statement in the complaint about why the court had jurisdiction. This was done to ensure that it was on the written record that jurisdiction was proper, in case of an appeal.
In another example, a case citation was included in a complaint to let the other side know upfront that the cases were there to support a specific point of anticipated legal contention down the line. This was a strategic move, which could help with early settlement. However, it was noted that this had no legal effect.
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Case law can be used for jurisdiction
Case law can be used to determine the applicability and limits of a law within a jurisdiction. Case law is particularly useful for legal researchers who are looking for specific cases within their jurisdiction. For example, a case published in the United States Reports, Supreme Court Reporter, or Lawyer's Edition pertains only to cases from the Supreme Court of the United States. On the other hand, cases published in the Federal Reporter include an element in the parentheses to identify the court that rendered the decision. For instance, in United States v. MacDonald, 531 F.2d 196 (4th Cir. 1976), the deciding court is the 4th Circuit, which stands for the United States Court of Appeals, 4th Circuit. Each circuit court has its own abbreviation, which helps researchers identify the court that rendered the decision. This is particularly useful for researchers who are only interested in finding cases from their jurisdiction.
In the United States, courts adhere to stare decisis, which means that courts generally respect and follow the precedent of previous decisions. A court does not have to stand by a decision that is not binding precedent, and the effect of a court's decision on other courts depends on the level of the court and its jurisdiction. While a decision by the United States Supreme Court is binding precedent in all courts, a decision by the United States Court of Appeals is only binding on lower courts within its circuit.
Case law can also be used to determine the statutory authority granting federal jurisdiction. While case citations are generally not included in the initial complaint, the complaint should include a jurisdiction section that spells out the statutory authority granting federal jurisdiction. This is because jurisdiction in federal courts is limited, and the complaint needs to demonstrate that jurisdiction exists.
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Frequently asked questions
No, you do not generally need to include case citations in your complaint. The complaint is not the place for argument, and you do not want to provide too much information or support.
You may include case law citations in your complaint if you need to demonstrate jurisdiction. If it is a clear and well-used case, such as "Miranda v. Arizona", and you were filing for a violation of your civil rights, you may include it.
A complaint states your claim and puts defendants on notice of your allegations.
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