Editing Manual of Legal Citation/Background Rules

{{:Manual of Legal Citation/TOC}}

There are two basic varieties of legal documents. The Uniform System of Citation imposes somewhat different citation rules for each.

:These are the documents lawyers file in courts, agencies, or other places where practicing lawyers do what they do (e.g., briefs and motions). They also include the documents lawyers write to one another or to the public (e.g., legal letters and legal memoranda). We will refer to these as standard legal documents.  

:These are articles for publication in law reviews. We will refer to them as "law review articles."  

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:Only the following items should be italicized:

:* Case names—both full and short case names, and procedural phrases (e.g., ''In re'' and ''ex parte'') preceding the case names (but note the special guidance for law review articles in [[#R11.2.3|Rule 11.2.3]]);  

:* Words and phrases that introduce related authority (e.g., ''reprinted in'' and ''available in'')  

: The following words should be ''italicized'' when used in the text of standard legal documents:

:* Publication titles (e.g., ''The Onion'')  

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:For standard legal documents, in-text citations are rendered either as (i) a complete sentence that supports a claim in the immediately preceding sentence of text, or, (ii) when the citation relates to a particular part of a sentence, as a clause within the sentence, immediately following the claim it supports.  

:* Only use footnotes for standard legal documents when allowed by a court’s local rules.  

:* In contrast to standard legal documents, law review articles rely on footnotes for citations.  

* Most citations in standard legal documents follow complete text sentences. It is common to have several citations following a sentence, with each citation separated by a semicolon (known as a “string citation”).  

* It is also common to employ more than one introductory signal, with citations introduced by different signals arranged as separate sentences. (For the order in which introductory signals are arranged, see [[#R4. Signals|Rule 4.2]], below.) Use this citation method to cite to sources and authorities that relate to the sentence as a whole.  

* '''Example:''' Even if the meaning of the statute were not plain, the FCC’s construction of the 1996 Act is reasonable and therefore entitled to deference. ''See Chevron U.S.A., Inc. v. Nat. Res. Def. Council, Inc.'', 467 U.S. 837 (1984); ''see also Nat’l Cable & Telecomms. Ass’n. v. Brand X Internet Svcs.'', 545 U.S. 967, 1000 (2005) (holding that ''Chevron'' mandates that courts defer to the FCC’s reasonable interpretation of its authority under the statutes that the agency administers, even where a current FCC interpretation is inconsistent with past practice); ''Home Care Ass’n. of Am. v. Weil'', 799 F.3d 1084 (D.C. Cir. 2015) (finding the Department of Labor’s reasonable interpretation of a provision of the Fair Labor Standards Act was entitled to deference under ''Chevron'', even where it contravened previous reasonable interpretation of same provision).  

* Some citations in standard legal documents are placed within sentences. Use within-sentence citations to cite sources and authorities that relate to ''only a section'' of the sentence. Separate within-sentence citations from the text with commas. The citation clauses directly follow the claim which they support. Do not model them after normal sentences unless:  

** the clause opens with a source that would be capitalized anyway—this is the only case where the clause should begin with a capital letter; or  

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: A signal illustrates the relationship between the author’s assertion and the source cited for that assertion. The signal begins the citation sentence or clause.  

:There are four basic categories of signals:  

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:When more than one authority is used in the same citation, they should be ordered first according to hierarchy of introductory signals (see table above), and then within each signal by strength of authority using a semicolon in between each one (see [[#R10. Order of Authorities Within Each Signal / Strength of Authority|Rule 10: Order of Authorities Within Each Signal / Strength of Authority]] below).  

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: The signal is capitalized at the beginning of a citation sentence.  

:* '''Example:''' Unbelievable as it may be, the Supreme Court has weighed in on the issue of whether a tomato is a fruit or vegetable. ''See Nix v. Heden'', 149 U.S. 304 (1893).  

:* '''Example:''' Even seemingly trivial issues, ''see'', ''e.g.'', ''Nix v. Heden'', 149 U.S. 304 (1893) (addressing the question of whether tomatoes are fruits or vegetables), can sometimes merit input from the Supreme Court.  

:  <code><no signal></code>: A citation does not need a signal if--  

:* The source makes the same assertion; or  

:** '''Example:''' In cases like ''Roper'', ''Atkins'', and ''Ford'', the Supreme Court has established certain classes of individuals upon which the death penalty may not be imposed. ''Roper v. Simmons'', 543 U.S. 551, 575 (2005); ''Atkins v. Virginia'', 536 U.S. 304, 321 (2002); ''Ford v. Wainwright'', 477 U.S. 399, 410 (1986).  

* Use “''e.g.'',” if the cited source is one of multiple sources to make the same assertion. The citation may include however many sources the author finds to be helpful. Note that the comma in the signal “''e.g.'',” should NOT be italicized.  

** '''Example:''' In a criminal case, the state bears the burden of proving the defendant’s guilt “beyond a reasonable doubt.” ''E.g.'', ''State v. Purrier'', 336 P.3d 574, 576 (Or. Ct. App. 2014).  

** '''Example:''' Most states have not enacted legislation requiring witnesses to report crimes to authorities. ''But see, e.g.'', Colo. Rev. Stat. Ann. § 18-8-115 (West 2014); Mass. Gen. Laws Ann. ch. 268, § 40 (West 2014); Ohio Rev. Code Ann. § 2921.22 (West 2014).  

* ''Accord ''is used when more than one source substantiates a proposition, but the text quotes just one of them. Use ''accord'' as the introductory signal for the non-quoted sources. Also, ''accord'' may be used as the introductory signal for indicating that the law of one jurisdiction is consistent with the law of another.  

** '''Example:''' Justin Bieber might be one of the most “widely despised figures in pop music [who] still maintains a formidable fan base.” Keith Girard, ''Justin Bieber Seeks to Make Amends, Jump-Start Career on Ellen'', TheImproper Magazine (Jan. 25, 2015), [http://www.theimproper.com/118310/justin-bieber-seeks-amends-jumpstart-career-ellen-watch/ http://www.theimproper.com/118310/justin-bieber-seeks-amends-jumpstart-career-ellen-watch/]<nowiki>; </nowiki>''accord'' Chrissy Makkas, ''Justin Bieber Fronts V Magazine’s Music Issue (Forum Buzz)'', The Fashion Spot (Jan. 11, 2012), [http://www.thefashionspot.com/buzz-news/forum-buzz/171203-justin-bieber-fronts-v-magazines-music-issue-forum-buzz/ http://www.thefashionspot.com/buzz-news/forum-buzz/171203-justin-bieber-fronts-v-magazines-music-issue-forum-buzz/] (“Justin Bieber is a polarizing figure . . . .”).  

* ''See'' is used when an authority does not directly state but clearly supports the proposition. ''See ''is used instead of <code><no signal></code> when an inferential step is required to connect the proposition to the authority cited.  

** '''Example:''' The defendant in a criminal case cannot be forced to testify against himself or herself. ''See'' U.S. Const. amend. V.  

* ''See also'' is used for additional sources that support a proposition. Use ''see also'' when authority that states or clearly supports the proposition has already been cited or discussed. The use of a parenthetical is recommended when using ''see also''.  

** '''Example:''' Slow and steady wins the race. ''See'' Don Daily, ''The Classic Treasury of Aesop’s Fables'' 43-46 (1999); ''see also'' ''The Shawshank Redemption'' (Castle Rock Entertainment 1994) (prisoner tunnels out of a prison by removing a few stones per day).  

* ''Cf.'' is used for supporting authority that is analogous to your proposition, or which is related but which requires some interpretive work to connect to your proposition. Always use a parenthetical with ''cf.'' to explain the logical connection required for the argument.  

** '''Example:''' In the legal realm, there is a need for an easy-to-use, standard set of citation rules. ''Cf.'' ''The Bluebook: A Uniform System of Citation'' (Columbia Law Review Ass’n et al. eds., 20th ed. 2015) (demonstrating, by virtue of 20 editions, the need for such a system, but producing a system that is overly complex).  

: ''Compare'' <code><citation to source or authority></code>, ''with'' <code><citation to source or authority></code>  

:* ''Compare . . . ''is used when the relationship of multiple authorities will demonstrate or offer support for the proposition. It is highly recommended that each authority in the comparison be explained with a parenthetical in order to make the relationship and argument clear to the reader. Each portion of the ''compare . . . ''signal may contain multiple sources; separate these sources using commas and italicized “''and''” as follows.  

:** '''Example:''' The 20th Century saw sweeping changes in the definition and scope of the Due Process Clause. ''Compare'' ''Lochner v. New York'', 198 U.S. 45 (1905) (showing the Supreme Court’s historical interpretation of the Due Process Clause as solely protecting an individual’s right to contract), ''with'' ''McDonald v. Chicago'', 561 U.S. 742 (2010) (incorporating the Second Amendment using the Due Process Clause), ''BMW of North America, Inc. v. Gore'', 517 U.S. 559 (1996) (utilizing the Due Process Clause to reduce punitive damages), ''and'' ''Dolan v. City of Tigard'', 512 U.S. 374 (1994) (limiting the zoning and ordinance powers of local governments under the Due Process Clause).  

* ''Contra'' is used when a cited authority directly conflicts with the proposition it follows. ''Contra'' is the opposite signal to <code><no signal></code>.  

** '''Example:''' ''The Bluebook'' is an example of absolute efficiency in the formulation and expression of the rules of legal citation. ''Contra'' Richard A. Posner, ''The Bluebook Blues'', 120 Yale L.J. 950 (2011).  

* ''But see'' is used for authority that, while not directly contradicting the main proposition, nonetheless clearly opposes it. ''But see'' is the opposite signal to ''see''.  

** '''Example:''' I have the right to falsely shout “Fire!” in a crowded theater. ''But see'' ''Schenck v. United States'', 249 U.S. 47 (1919).  

* ''But cf.'' is used to indicate that an authority supports a proposition that is similar to the opposite of the author’s main proposition. ''But cf.'' is the opposite signal to ''cf.'' Always use a parenthetical with ''but cf.'' to explain the logical connection required for the argument. This is the weakest signal for contrary authority.  

** '''Example:''' Restaurant commercials sell a vision of dinner as a cornerstone daily meal. ''But cf''. ''5 Things to Know About McDonalds All Day Breakfast'', TIME, (Oct. 6, 2015), [http://time.com/money/4062667/mcdonalds-all-day-breakfast/ http://time.com/money/4062667/mcdonalds-all-day-breakfast/].  

* ''See generally'' is used for useful background material. It is recommended that you use a parenthetical with ''see generally'' in order to explain the authority’s relevance to the proposition.  

** '''Example:''' Some commentators have argued that the Supreme Court does more than “call balls and strikes,” and that politics may even be involved in some decisionmaking. ''See generally'' Jeffrey Toobin, ''The Nine: Inside the Secret World of the Supreme Court'' (2007) (arguing that the work of the Supreme Court often involves the Justices imposing values and even political preferences).  

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:Order constitutions from the same jurisdiction from most recent to oldest.  

:# Federal  

:# Foundational Documents of International Groups (United Nations, the League of Nations, and the European Union, in that order)  

# Statutes in U.S.C., U.S.C.A., or U.S.C.S. (in ascending order by U.S.C. Title)  

# Current statutes that are not in U.S.C., U.S.C.A., or U.S.C.S. (from most recently enacted to oldest)  

# Rules of Evidence and Procedure  

# Repealed Statutes (from most recently enacted to oldest)  

: (alphabetize according to state):

:# Statutes currently codified (in ascending order within the codification)  

:# Rules of Evidence and Procedure  

:# Repealed Statutes (from most recently enacted to oldest)  

: (alphabetize according to jurisdiction):  

:# Codes or Statutes currently codified (in ascending order in the codification)  

::# Repealed Statutes (from most recently enacted to oldest)  

: Treaties and Other International Agreements (other than those above) are cited from most recently ratified/signed to oldest.  

: Order cases from the same court from most recent to oldest, without regard to prior or subsequent history. There’s no difference between Federal Circuit Court of Appeals or Federal District Courts.

# Supreme Court  

# Court of Appeals, Emergency Court of Appeals, and Temporary Emergency Court of Appeals  

# Administrative Agencies (alphabetize according to agency)  

# Courts (alphabetize according to state, then by hierarchy in descending order)  

# Agencies (alphabetize according to state, then by agency)  

# Courts (alphabetize according to jurisdiction, then by hierarchy in descending order)  

# Agencies (alphabetize according to jurisdiction, then by agency)  

# International Court of Justice, Permanent Court of International Justice  

# Other International Tribunals and Arbitral Panels (in alphabetical order)  

:Legislative Materials: (always cite federal materials first)  

:# Bills and Resolutions (most recent to oldest)  

:# Floor Debates (most recent to oldest)  

# Executive Orders  

# Current Treasury Regulations, Proposed Treasury Regulations  

# All Materials repealed (from most recently promulgated to oldest)  

# State (alphabetize according to state), currently in force, then repealed  

# Foreign (alphabetize according to jurisdiction), currently in force, then repealed  

: Resolutions, Decisions, and Regulations of Intergovernmental Organizations  

:# United Nations and League of Nations (from most recent to oldest by issuing body, listing General Assembly first, then Security Council, then other organs alphabetically)  

:# Other Organizations (in alphabetical order by name)  

:Records, Briefs, and Petitions are cited in the same order as discussed in [[#R10.4. Cases|Rule 10.4. Cases]]. Briefs from the same case and court are ordered: (i) plaintiff/petitioner; (ii) defendant/respondent; (iii) amicus curiae (alphabetize according to amicus party)  

# Uniform Codes, Model Codes, and Restatements, in that order (from most recent to oldest within each category)  

# Books, Pamphlets, and Shorter Works in a collection of single author’s works (in alphabetical order by author’s last name; when there is no author, by the title’s first word)  

# Electronic Sources, including Internet Sources (in alphabetical order by author’s last name; if there is no author, by the title’s first word)  

:Cross-references to the author’s own text or footnotes.