Citations Flashcards
Purpose of Citations
To furnish reader with legal support for an assertion/argument
Provide info about weight/persuasiveness of the source
Convey the type and degree of support
To demonstrate that a position is well supported and researched
To inform the reader where to find cited authority
The way cases, statutes, and other references are cited in legal documents is specifically outlined in California Rules of Court, rule 1.200
By rule, must either be in the style of the California Style Manual or The Bluebook: Uniform System of Citation, which is used is up to the party filing the document but must be consistently applied
Sources/Authorities for Case Citations
- California Reports
- California Appellate Reports
California Reports (What is it/How to Cite)
Official reporter for opinions of the Ca supreme Court
Now in 5th series and cited Cal.5th
Earlier series cited Cal.4th. Cal.3d, Cal.2d, and Cal
NEVER use C.3d, C.4th etc.
There are other states whose names begin with “c”
Do not use superscript for case citations–you will need to turn feature off in your word processor
California Appellate Reports (What is it/how to cite)
Official reported for opinions of the CA Court of Appeals
Now in 5th series, cited Cal.App.5th
Earlier series cited as Cal.App.4th, Cal.App.3d, Cal.App.2d, Cal.
NEVER C.4th, etc., and NEVER use superscript
Sources for Code Citations
Deering’s California Codes
Official publication of all laws passed by the California State Legislature
United States Code
Official publication of all laws passed by the U.S. Congress
Case Citation in Style Manual (Parentheses/Order of citation/parallel citations)
Style Manual
Entire citation is normally placed within parentheses regardless of whether it is in the middle or at the end of a sentence
Unless the citation is an integral part of the sentence
Older reports often didn’t feature parentheses but now do
First item in citation is name of case in italics
Second item is the year the case was decided, place in parentheses
No italics
NOTE: NO comma between case name and year
Next is the volume number, name, and page number of the source where the case can be found
Again, no italics, no commas
Note there are no spaces between the source information
Parallel citation is noted in brackets
Case Citation Bluebook (First/Second/General reference/format)
3 ways to present a citation to legal authority
Full citation when first citing an authority
(Lambert v. Parish, 492 N.E.2d 289, 291 (Ind. 1986))
Shortened version for the second and/or subsequent reference to the same citations, which shortens case name and omits date of decision
(Lambert, 492 N.E.2d at 291)
In a general reference within your own sentence to an authority that has already been cited
(“Unlike the plaintiff in Lambert…)
First item noted is name of case in italics, followed by a comma
Second item in citation is the volume number, name, and page number of the source from which case is drawn
NOTE: spaces b/w “App.” And “4th”
3rd item is the year the case was decided and the court in which it was decided, placed at the end in parentheses
Citing Codes (outside parentheses)
Codes are cited by their full titles when not within parentheses
Abbreviations not used
Code name is given, followed by section spelled out and the sections number
No comma is necessary between the code designated and the word “section”
Ex. Code of Civil Procedure section 410
Citation of Codes within parentheses (Abbreviations/Symbols/Capitalization)
Code sections are abbreviated within parentheses
Code abbreviations are followed by a comma, the section symbol (§) and the section number
Use the abbreviation “sec.” if there is no section symbol available on the typing keyboard
Ex. (Code Civ. Prec § 410) or (Code Civ. Proc.., sec 410)
Use a double section symbol when citing more than one section in parentheses
(Pen. Code, §§ 119, 126) or (Pen. Code, secs. 118, 126)
When the word section appears after the code, do not capitalize
Unless it appears on its own or before the code, in which case capitalize it
Use only one section symbol if the reference is to a single section and those following
i.e. (Bus. & Prof Code, § 15700 et seq.)
Subdivisions v. Sections (What makes them tricky/abbreviations)
You must take special care to correctly cite subdivisions and sections, as many have similar designations
Never use 227(a) bc court will not know if the reference is to section 227qa of the Civil Code or to section 227, subdivision (a), an entirely different section of the code
Never use “subd.” or “subdivision” when citing to California Rules of Court, appellate court rules or local rules
The Use of Section and Paragraph Symbols (When to write word/when to use symbol/when to use para/”at”)
The Bluebook and the California Style Manual differ somewhat on the usage of the § and the ¶ symbols
Both pubs agree that the first word in a sentence should be spelled out, so spell out “section or “paragraph” when they begin a sentence whether in main text or in footnote
In addition, spell out “section” and “paragraph” in the main text or footnote text, except when referring to a provision in the U.S. Code, state code, or federal regulation
In citations, bluebook states symbols should be used
When the symbols are used, there should be a space bw § or ¶ and the numeral
The California Style Manual states that symbols are used only when abbreviating or citing within parenthetical
When using the section symbol, a comma is placed between the code designated and the symbol
If an authority is organized in part by indented paragraphs not introduced by paragraph symbols, cite such paragraphs within the written abbreviation (“para.”), not the symbol
Do not use “at” before a section or paragraph symbol
Id. (Definition/Use in legal docs/when not to use)
Use to cite the same volume and a different page or section
In court docs and legal memos use “id.” when citing to the immediately preceding authority in the same paragraph
Smith v. Jones (1948) 8 Cal.App.3d 265
To cite immediately preceding authority ( smith v. jones) do Id. at 276
Do not use “Id.” if the original citation is only to one word within the authority
Do not use “Id.” if referring to a footnote citation if that footnote cites more than one authority
Supra (When to use/when has an authority been previously cited/Voume and page numbers/specific page references)
Most commonly used to refer to secondary authorities like books and periodicals
Use “supra” when an authority has been fully cited previously, unless “id.” is appropriate
An authority is considered previously cited if it has been cited earlier in either text or footnote, but not if it merely appears in a quoted passage
Do not substitute the word “supra” for the volume and page references
Ex. Smith v. Jones, supra, 8 Cal.App.3d 265
However, when citing the same authority in the same paragraph, “supra” may be used when a specific page reference is intended
Smith v. Jones, supra, at 262
Ibid. (When/How to Use/When not to Use)
To repeat an identical reference in the same paragraph, without any intervening citation
In court docs and legal memos use ibid, when citing to the same page as the immediately preceding citation in the same paragraph
NOTE: Ibid is not used within bluebook style
Pin Cites
Provide pinpoint references to the exact page on which the material begin relied on appears
i.e. Smith v. Johnson, 3 Cal.App.4th 335, 337
Some sources will require pin cites to pages whereas others will require pin cites to specific sections and/or paragraphs
