Gavin Howe
The Bluebook is the citation guide most lawyers adhere to, and it provides the rules governing the most widely used legal citation style. It is the standard for legal citation in all disciplines. The Bluebook dictates that when citing a U.S. Supreme Court case, one must cite the official reporter, the United States Reports, if the case is published therein. However, there is a significant lag between when the Court decides a case and when it is published in the United States Reports, so one will often need to cite Supreme Court cases that are not yet published in the United States Reports. In these instances, one can cite the case as published in one of the unofficial Supreme Court reporters, such as the Supreme Court Reporter or United States Supreme Court Reports, Lawyers' Edition. A citation to a case in the United States Reports includes the name of the case, the volume and page numbers, and the court and year of the decision. A citation to a case in the Supreme Court Reporter or Lawyers' Edition would include the same elements, except the reporter abbreviation and volume and page numbers are different.
In the U.S., foreign law will very rarely be persuasive. State case citations will typically be to one of the regional reporters, and there are a few special rules for state case citations. For example, if the highest court in a state decides a case, you only need to indicate the state, not the deciding court. Federal statutes can be found in the United States Code, and state statutes are published in their own state-specific publications.
| Characteristics | Values |
|---|---|
| Country | USA |
| Citation Style | Bluebook style |
| Citation Elements | Name of the case, reporter abbreviation, volume number, page number, court, year |
| Case Law Types | Binding, Persuasive |
| Binding Case Law | Laws clearly established by the current authority within the same jurisdiction |
| Persuasive Case Law | Laws that other jurisdictions employ |
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What You'll Learn
Citing case law in the USA
In the United States, case citations generally include the case name, followed by the reporter volume, the reporter abbreviation, the first page of the case, the specific page for the cited material, and the court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation). For example, a United States Supreme Court citation would look like this: *Marbury v. Madison, 5 U.S. 137, 138 (1803)*.
When citing a U.S. Supreme Court case, you must cite the official reporter, the United States Reports, if the case is published therein. A citation to a case in the United States Reports includes the following five elements:
- Name of the case (underlined or italicized and abbreviated according to Rule 10.2)
- Reporter abbreviation ("S. Ct.")
- Volume number
- Page number(s)
- Court abbreviation and date
For example, a citation to Roe v. Wade in 1973 would look like this: *Roe v. Wade, 410 U.S. 113 (1973)*. If you need to include a "pinpoint" citation, which is a citation to the page(s) on which the specific material referenced appears, you would add the page number after the first page: *Roe v. Wade, 410 U.S. 113, 164 (1973)*.
However, there is generally a significant lag between when the Court decides a case and when it is published in the United States Reports. Therefore, you will often need to cite Supreme Court cases that are not yet published in the United States Reports. In these instances, you cite to the case as published in one of the unofficial Supreme Court reporters, which are published more frequently: Supreme Court Reporter or United States Supreme Court Reports, Lawyers' Edition. The Bluebook dictates that you cite to the Supreme Court Reporter over the United States Supreme Court Reports—Lawyers' Edition. The volume and page numbers for each unofficial reporter will be different than those found in the United States Reports. For example, here are citations to a case that was decided in 2014, but not yet published in the United States Reports as of 2017: *Riley v. California, 134 S. Ct. 2473 (2014)* or *Riley v. California, 189 L. Ed. 2d 430 (2014)*.
Additionally, unlike the U.S. Supreme Court, cases from the federal courts of appeals are not compiled in an official reporter. There is no official, government-published reporter for the federal courts of appeals (or federal district courts). Instead, many cases from the courts of appeals are published in West's Federal Reporter. If a court of appeals case is published in the Federal Reporter, The Bluebook dictates that you cite to it. A citation to a court of appeals case in the Federal Reporter includes the following six elements:
- Name of the case (underlined or italicized and abbreviated according to Rule 10.2)
- Reporter abbreviation ("F.3d")
- Volume number
- Page number(s)
- Court abbreviation and date
- Specific page for the cited material ("pin cite")
For example, a citation to Universal City Studios, Inc. v. Corley in 2001 would look like this: *Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)*.
Specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, have slightly different citation rules. Check Table 1 of The Bluebook for guidance on how to cite materials from such courts. For example, a citation to a district court case in the Federal Supplement would include the following elements:
- Name of the case (underlined or italicized and abbreviated according to Rule 10.2)
- Reporter abbreviation ("F. Supp." or "F. Supp. 2d")
- Volume number
- Page number(s)
- Court abbreviation and date
For example, a citation to City of Millville v. Rock in 2010 would look like this: *City of Millville v. Rock, 683 F. Supp. 2d 319 (D.N.J. 2010)*.
Federal rules provide that federal courts must allow parties to cite unpublished (or unreported) opinions issued on or after January 1, 2007. Bluebook Rule B10.1.4 and Rule 10.8.1 provide instructions and examples for citing "unreported" opinions in Westlaw and Lexis. The correct citation for unpublished federal court opinions includes:
- The case name
- The case docket number
- The database identifier and electronic report number
- The star page number
- The court and full date parenthetical
For example, a citation to an unreported Lawson v. FMR LLC case on the federal district court or court of appeals level would look like this: *Lawson v. FMR LLC, No. 08-10466-DPW, 2010 U.S. Dist. LEXIS 76461, at *8 (D.*.
When citing case law in the USA, it is important to follow the specific rules and guidelines outlined in The Bluebook, which is the citation guide most lawyers adhere to.
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Binding and persuasive laws
When citing case law, it is essential to understand the distinction between binding and persuasive laws. This distinction determines whether a court decision is mandatory or merely carries some weight as authoritative guidance.
Binding Laws
Binding authority comes from higher courts within the same jurisdiction. This means that a federal Supreme Court decision is binding on all lower federal courts, including both circuit courts of appeals and district courts. Likewise, a federal circuit decision binds all federal district courts within its circuit but not federal courts in other circuits. However, it is important to note that a district court or trial court decision does not bind higher courts.
In the context of state courts, a state's highest court's decisions are binding on all appeals courts and trial courts within that state. However, these decisions are not binding on state courts in other states. For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court but are not bound by the decisions of other state courts, such as Arizona.
Persuasive Laws
Persuasive authority, on the other hand, describes a source of law that carries some weight but does not mandate a court's decision. A decision by a lower court serves as persuasive authority for a higher court. For instance, trial court decisions are considered persuasive authority in the same trial court. Additionally, a decision by a court of one jurisdiction can be persuasive authority for courts of another jurisdiction. Federal court decisions, for example, are considered persuasive authority for state courts and vice versa.
Persuasive authority can also be a useful tool for finding binding cases. By citing a relevant case from another jurisdiction or court, you can use specific techniques to locate binding authority within your own jurisdiction or court. While it is preferable to cite binding authority, persuasive authority can still be valuable in supporting your legal argument.
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Citing federal cases
The Bluebook, a citation guide used by most lawyers, provides a set of rules and instructions for citing federal cases in the United States. While the specific format for citing cases may vary depending on the court and the reporter, there are several standard elements that are typically included in a case citation.
Elements of a Case Citation
- Name of the Case: The name of the case should be underlined or italicized and abbreviated according to specific rules. For example, "Lawson v. FMR LLC".
- Reporter Abbreviation: This indicates the reporter or publication in which the case is found. For example, "F. Supp." or "F. Supp. 2d" for cases published in the Federal Supplement.
- Volume Number: This refers to the volume of the reporter or publication where the case is published. For example, in "Lawson v. FMR LLC, 724 F. Supp. 2d 167 (D. Mass. 2010)", the volume number is "724".
- Page Number: The page number indicates where the specific case can be found within the reporter or publication. In some cases, a "pinpoint" citation may be included to direct the reader to the exact page where relevant information is located.
- Court and Year: The citation should also include information about the court that decided the case and the year of the decision. This is typically included in a parenthetical following the page number. For example, "(1st Cir. 2012)".
Citing Unpublished Opinions
Federal rules allow parties to cite unpublished or unreported opinions issued on or after January 1, 2007. The Bluebook provides instructions for citing unpublished federal court opinions, which include the case name, case docket number, database identifier, electronic report number, star page number, and court and full date parenthetical.
It is important to note that the Bluebook also dictates which reporters should be cited for different courts. For example, decisions of the United States Supreme Court are typically found in the United States Reports, while cases from the federal courts of appeals may be published in West's Federal Reporter. Specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, have their own specific citation rules.
While foreign law is rarely persuasive in the United States, it may be cited in certain situations if relevant to the case at hand.
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State case citations
When citing case law, it is essential to follow the appropriate guidelines and formats, such as those outlined in The Bluebook. While the focus here is on state case citations, it is worth noting that in the United States, foreign law is rarely persuasive in court. However, case laws from other states can be referenced, as each state has its own binding and persuasive laws.
- Name of the Case: The name of the case should be underlined or italicized and abbreviated according to the guidelines in The Bluebook (Rule 10.2). For example, "Alaska Inter-Tribal Council v. State".
- Year of Decision: The year in which the case decision was made is included, such as "2005" in the example "Alaska Inter-Tribal Council v. State, 110 P.3d 947 (Alaska 2005)".
- State's Postal Code: The two-character postal code of the state is included, as in "ME" for Maine or "SD" for South Dakota.
- Court Abbreviation: The abbreviation of the court is included, following the guidelines in The Bluebook (T7). However, if the case involves the state's highest court, the court abbreviation may be omitted.
- Sequential Number of Decision: The sequential number of the decision is included, such as "110" in "Beck v. Beck, 1999 ME 110, ¶ 6".
- Unpublished Indicator: If the decision is unpublished, a capital "U" is included after the sequential number. For example, "Jones v. Fisher, 1998 OK Civ. App. 120U".
- Pinpoint Citation: When citing specific material within the decision, a pinpoint citation is provided, indicating the paragraph number or relevant section. For instance, "Loup v. Dube, 2014 IL 101235, ¶ 5".
- Parallel Citation: A parallel citation to the appropriate regional reporter may also be included, as seen in "People v. Haynes, 281 Mich. App. 27, 760 N.W.2d 283 (2008)".
It is important to note that when filing documents in a state court, adherence to local rules for citing cases is crucial. Additionally, the Bluebook provides specific guidance for citing cases from specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court.
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The Bluebook citation style
When citing case law using The Bluebook citation style, there are several key elements to include. Firstly, the full case name is typically italicized or underlined in court documents such as briefs and motions, while in academic legal writing, full case names are generally not italicized or underlined. An example of a case name is "Roe v. Wade". The name of the case is an essential component of the citation and should be presented clearly and accurately.
The next element is the reporter citation, which includes the volume number of the reporter in which the case is published, as well as the relevant page numbers. The reporter is a publication that contains the opinions of a particular court or jurisdiction, organized chronologically. For example, a citation to a case in the United States Reports includes the case name, volume number, and page number: "Roe v. Wade, 410 U.S. 113 (1973)". If you need to reference a specific page within the case, you can include a "pinpoint" citation by adding the page number after the first page, like "Roe v. Wade, 410 U.S. 113, 164 (1973)".
Additionally, when citing case law in The Bluebook, it is important to consider the court and jurisdiction. The precise format of a case citation can vary depending on these factors. For instance, specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, may have slightly different citation rules. It is crucial to refer to the appropriate rules and tables within The Bluebook to ensure accurate citations for different court systems.
Furthermore, The Bluebook provides guidance on citing unpublished or unreported cases, also known as "pending cases". These cases are available in electronic format only and have their own specific citation format. For example, "Chatlas v. Allstate Ins. Co., No. 1-07-2937, 2008 WL 2610471 (Ill. App. Ct. 1st Dist. June 30, 2008)". It is important to consult The Bluebook for the specific rules and tables that govern the citation of such cases.
Lastly, The Bluebook also addresses the use of parallel citations. While not mandatory, many lawyers and courts, including the Supreme Court, use parallel citations to both the unofficial reporters S. Ct. (West) and L. Ed. 2d (Lexis) when referring to United States Supreme Court decisions. Parallel citations can be beneficial when required by local rules or customs or when they would be particularly helpful to the reader.
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Frequently asked questions
The Bluebook is a style guide that outlines the rules for legal citations. It is the most widely used legal citation style and is used in all disciplines.
The key elements of a case citation are the names of the lead parties (usually the plaintiff/appellant and defendant/appellee), the volume number, and the page number.
A citation in the United States Reports includes the name of the case, the volume and page numbers, and the court and year of the decision.
A "pinpoint citation" or "pincite" is used to direct the reader to a specific page within a case. It is placed after the first-page citation, separated by a comma and a space.
In the US, foreign law will rarely be considered persuasive. However, it can be cited if there is no alternative to support your argument.
