Keith Mack
Attorneys cite law and cases from a variety of sources, including case law and statutory law. Case law refers to the decisions made by judges in specific court cases, while statutory law is made by federal and state legislative branches of the government and published in codes. The United States Code, for example, contains statutes passed by Congress. Each state also publishes its own statutory code. Cases are published in reporters, and a case citation typically includes the name of the case, the volume and page number, and the date. There are different citation formats for different types of legal sources, including cases, statutes, and secondary legal materials. Attorneys may also cite from specialist series or unofficial reporters, depending on the circumstances and the court system. The Bluebook: A Uniform System of Citation is a widely used guide for legal citation in the United States, while other countries like Australia and England have their own citation standards.
| Characteristics | Values |
|---|---|
| Standard format | Yes, it is essential that citations to legal materials follow a standard format so that anyone using a law library may find the resources cited |
| Case citation format | Name of the case, reporter abbreviation, name of the parties, volume, page number, year, court |
| Case citation example | Roe v. Wade, 410 U.S. 113 (1973) |
| Case citation sources | United States Reports, Federal Reporter, Pacific Reporter, Second Series, etc. |
| Statutory law citation | Title of the Code, abbreviation, section symbol, section number, year |
| Statutory citation example | 42 U.S.C. § 1983 (2006) |
| Statutory citation sources | United States Code, state statutory codes |
| Parallel citation | Citing to both the official reporter and an unofficial regional reporter |
| Regional preference | Yes, citing to the regional reporter is preferred as out-of-state attorneys are more likely to have access to these |
| Unofficial reporters | Supreme Court Reporter, United States Supreme Court Reports, Lawyers' Edition |
| Unofficial citation example | Griswold v. [unofficial reporters] |
| Unofficial citation sources | Private companies |
| Unpublished cases | Some court systems forbid attorneys from citing unpublished cases as precedent |
| Country-specific citation styles | Yes, e.g., England and Wales, Australia, Canada |
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What You'll Learn
Case law vs. statutory law
Attorneys cite law and cases from a variety of sources, including case law and statutory law, which differ in their creation and application. Case law, also known as common law, is established through court rulings and judicial decisions, serving as precedents for future cases. On the other hand, statutory law is created by legislative bodies and prescribed in specific statutes, outlining laws and regulations.
Case law and statutory law represent two distinct legal frameworks that coexist within the US legal system. Case law refers to the collection of precedents and authority established by previous judicial decisions on a particular issue. It is created by judges in specific court cases and serves as a reference for similar future cases. When citing case law, attorneys refer to specific court rulings and judicial opinions. For example, a citation might include the name of the case, such as "Roe v. Wade," followed by volume and page numbers, such as "410 U.S. 113 (1973)." This citation format allows for easy reference to the specific case and its location within legal reports.
In contrast, statutory law refers to laws that are prescribed in specific statutes and are passed by legislative bodies such as Congress or state legislatures. These laws are written down and codified, published according to their subject categories. When citing statutory law, attorneys refer to the relevant statutes and codes. For example, a citation might include the title of the code, a number indicating the specific statute within that code, and the year of the code, such as "42 U.S.C. § 1983 2006." This citation format allows for the identification of the specific statute being referenced.
While case law and statutory law differ in their sources and creation, they are both crucial to the legal system. They often interact and influence each other. For instance, statutory law can overturn case law if it is found to be unconstitutional. Additionally, case law can interpret and provide context to statutory law, clarifying its application in specific scenarios.
It is worth noting that the US legal system recognizes other types of law, such as regulatory law, which is related to and enforced by administrative bodies, further adding to the complexity of legal citations and references. Attorneys must be adept at navigating these different types of laws and their respective citation formats to effectively support their legal arguments and ensure compliance with established standards.
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Official vs. unofficial reporters
Official reporters are governmentally approved publications that reproduce the reported cases within a given jurisdiction. They are considered primary sources and are the reporters that should be cited when submitting documents to the court in that jurisdiction. Official reports are published under the authority of the courts and may be printed by a government agency or a commercial publisher. For example, the Federal Reporter, Federal Supplement, and Federal Appendix are considered official reporters in the United States, despite being published by a commercial publisher.
Unofficial reporters, on the other hand, are not officially sanctioned and are published by commercial publishers as a commercial enterprise. They reproduce the reported cases within a given jurisdiction but are not considered legal authority. Instead, they are meant to aid in understanding the cases and provide research tools such as headnotes, which are brief summaries of specific points of law decided in a case. West, Lexis, and BNA are examples of publishers of unofficial reporters. In the United States, the National Reporter System by West is the dominant unofficial reporter system, and many states have certified it as their official reporter.
It is important to note that the distinction between official and unofficial reporters does not imply that cases in unofficial reporters are less reliable. Unofficial reporters duplicate the opinions of the Court found in the official reporter and often include editorial enhancements. Additionally, unofficially published court opinions may be published before the official opinions, so lawyers and law journals may need to cite the unofficial report until the official report is released.
Both official and unofficial reporters are valuable sources of information for attorneys. While official reporters are considered authoritative, unofficial reporters can provide additional context, analysis, and research tools that aid in understanding the cases and finding relevant case law.
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Federal courts of appeals
When citing cases from the Federal Courts of Appeals, it is important to note that, unlike the U.S. Supreme Court, there is no official government-published reporter for these cases. Instead, many cases from the Federal Courts of Appeals are published in West's Federal Reporter or the Federal Appendix.
If a case from the Federal Courts of Appeals is published in the Federal Reporter, The Bluebook dictates that you must cite it. A citation to a court of appeals case in the Federal Reporter includes the following six elements:
- Name of the case (underlined, italicized, or abbreviated according to Rule 10.2)
- Reporter abbreviation ("F." or "F.2d")
- Volume number
- Page number
- Court and
- Year in a parenthetical
For example, Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001). The ordinal "2d" in "F.2d" is treated as a single capital letter, hence there is no space between "F." and "2d".
Cases found in the Federal Appendix can be cited to that reporter as normal. However, Bluebook Rule B10.1.6 and Rule 10.7 require the subsequent history of a case when it is cited in full, except for denials of certiorari and similar discretionary appeals.
For unpublished opinions, Bluebook Rule B10.1.4 and Rule 10.8.1 provide instructions and examples for citing cases from Westlaw and Lexis. The correct citation for unpublished federal court opinions includes:
- Case name
- Case docket number
- Database identifier and electronic report number
- Star page number
- Court and full date parenthetical
For example, Lawson v. FMR LLC, No. 10-2240, 2012 U.S. App. LEXIS 2083, at *20 (1st Cir. Feb. 3, 2012).
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State-specific considerations
When citing law and cases, attorneys need to be mindful of specific considerations that vary from state to state. Each state has its own system of trial courts and intermediate appellate courts, and the abbreviations for lower courts differ across states. For instance, the California state court system prohibits attorneys from citing unpublished cases as precedent, while other states like Kentucky allow the citation of unpublished cases from its courts only if the case was decided after a certain date and there is no published opinion that adequately addresses the issue at hand.
Additionally, federal courts of appeals and federal district courts do not have an official, government-published reporter. Cases from these courts are often published in West's Federal Reporter, and The Bluebook dictates that attorneys should cite to this reporter when a court of appeals case is published in it.
Attorneys should also be aware of variations in case citation formats across states. In some states, when a case appears in both an official reporter and a regional reporter, citing the regional reporter is preferred for accessibility reasons. Some state courts mandate parallel citations when citing cases from any court within their system. Furthermore, older state case citations may include an abbreviation of the name of the private publisher or the reporter of decisions, a historical aspect unique to certain states.
These examples demonstrate the diverse state-specific considerations that attorneys must consider when citing law and cases. Adhering to these nuances ensures compliance with local rules and facilitates effective legal research and communication.
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International citation styles
In addition to The Bluebook, there are several other notable citation guides and styles used internationally. These include:
- The Australian Guide to Legal Citation (AGLC), which is the main citation style used in Australia for legal materials.
- The Canadian Guide to Uniform Legal Citation, commonly known as the McGill Guide, used in Canada.
- The Oxford University Standard for the Citation of Legal Authorities (OSCOLA), which provides a standard for citing UK and EU legal materials and has a separate publication for citing international sources.
- The NYU Guide to Foreign and International Legal Citations, authored by the New York University School of Law.
- The Chicago Manual of Style, which is referenced by the United Nations for guidance on citing UN materials.
- The Universal Citation Guide by the American Association of Law Libraries, which provides a basic guide to legal citation.
These international citation styles offer guidance on the specific formats, punctuation, capitalisation, and grammar conventions expected in legal citations. They help ensure consistency and accuracy in legal writing, enabling attorneys and legal professionals to effectively communicate their sources and ideas.
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Frequently asked questions
A citation is a reference to a legal authority. It is a way to give credit to a source of information used in a piece of writing.
Cases, statutes, and secondary legal materials are some examples of the different types of legal sources that can be cited.
Case citations generally consist of the name of the document, an abbreviation for the legal series, and the date. For example, a citation to a case in the United States Reports includes the following elements: the name of the case, the volume number, the abbreviated reporter, and the page number.
Yes, there are specific rules and standards for citing legal sources, which can vary depending on the jurisdiction and the type of court. For example, in the US, the Bluebook: A Uniform System of Citation is the most frequently used style manual for citing legal documents.
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