Citations Flashcards
learn how to identify various types of citations
U.S. Const. art II, § 2
United States Constitution article II, section 2
Cal. Const. art VI, § 2
California Constitution, article VI, section 2
N.Y. Const. art VI, § 2
New York Constitution, article VI, section 2
1} 35 U.S.C. § 12112
2} 35 U.S.C. § 12112(a) (2007)
1} Title 35 U.S.C. section 12112
2} Title 35 U.S.C. section 12112 (if called for, version 2007 no longer in effect)
*Statute citation: U.S. Code citation (Jurisdiction’s code, no longer legislation)
1} Higher Education Opportunity Act, Pub. L. No. 110-315, 122 Stat. 3098 § 1110 (2008)
2} Americans with Disabilities Act of 2008, Pub. L. 110-325, 122 Stat. 3553
1} Name of Act, Public Law No. 110-315, Volume 122 compilation Stat. page# 3098 section (2008 Date of enactment since not already included)
2} Name of Act, Public Law 110-325, published in volume 122 | Stat. | page 3553.
*Statute citation: Session Law citation, (legislation not codified yet.)
only used when:
- enactments so recent that not codified yet,
- not codified because not generally applicable
- Writer refers to original legislation itself
- provisions widely scattered across code, making legislation citation more efficient
1} Ariz Rev. Stat. § 13-114 exceptions: 2} 735 Ill. Comp. Stat. § 110/5 State specific compilation name | [optional principle division] | section 3} Mass. Gen. L. ch. 221, § 1
1} Abbreviation of Arizona Revised Statutes | sections 13 thru 114
2} 735 | Ill. Compiled Statutes | section 110/5
3} Massachusetts General Law | chapter 221 | section 1
*Codified State statutory provisions
1} Alice Corp. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014)
1} Plaintiff Alice Corp. v. Defendant CLS Bank International, Case ID (volume, reporter, first page the case appears), Parallel Case ID as previous, (year of decision)
*Supreme Court Judicial Opinion
No deciding court is needed because U.S. indicate supreme court.
1} CLS Bank Int’l v. Alice Corp. Pty., 768 F. Supp. 2d 221, 228 (D.D.C. 2011).
1} Plaintiff CLS Bank Int’l v. Defendant Alice Corp. Pty., case ID: (volume 768 F. Supp. 2d | first page the case begins: 221, pinpoint citation: page 228 | (deciding court: District of Columbia).
*Federal Circuit Judicial Opinion
T/F about the deciding court reference: The abbreviation for a state standing alone signifies a decision of the jurisdiction’s highest appellate court. For that reason no notation at all is required when the state is indicated in a reporter name. For example, “(Kan. 1976)” indicates a 1976 decision of the Kansas Supreme Court while a decision of the Kansas Court of Appeals would be indicated by “(Kan. Ct. App. 1984)” and a decision of the Kansas Supreme Court cited to the official reporter would simply show the date.
TRUE about the deciding court reference
T/F about the deciding court reference: In any reference where the court is sufficiently identified by the case ID or reporter – as for example “WI” or “Wis.” – no additional reference is necessary.
TRUE about the deciding court reference
T/F about the deciding court reference: Whether to indicate which of several circuits, districts, divisions or departments of a court rendered a decision depends both on the court and the context for the citation. Which circuit of the U.S. Courts of Appeals or which U.S. District Court handed down a decision is always indicated. With a decision from an intermediate level state court, the information should be included in any setting where it bears on the citation’s authority or is otherwise important. Thus, in a state where the decisions of one department or circuit are not binding on another one, citations should identify the unit that decided a case. When citing the same decision in another state there would be no need to do so.
TRUE about the deciding court reference
T/F about the deciding court reference: The regional reporters covering numerous states and the reporters containing decisions of the lower federal courts do not sufficiently identify the court for a particular case. Consequently, that information must be added. Court identification is placed, in abbreviated form, in the parentheses containing the year of decision.
TRUE about the deciding court reference
T/F about the Case ID/Citation/Cite: If the reference is to a portion of the opinion (as in most instances it should be), the paragraph number or numbers of that portion (with a medium-neutral citation) or the page number or numbers of that part should follow the case retrieval ID or address, set off by a comma. (Citations to one or more specific point or points in an opinion are commonly referred to as “pinpoint” or “jump” citations.)
TRUE about the Case ID/Citation/Cite
T/F about the Case ID/Citation/Cite: When state cases are cited to a court in the same state, most state rules require that parallel addresses be provided if the case is reported in both an official state reporter and a West regional reporter – the official reporter address coming first, the regional reporter address second, the two separated by a comma. Here, too, parallel “pinpoint” pages are generally not necessary since most online systems contain the pagination of both reporters. When cited to courts of another jurisdiction, state decisions that appear in a regional reporter generally need be cited only to that reporter. This can mean that the same decision will, when cited within its state, have a different citation form than when cited in other jurisdictions.
TRUE about the Case ID/Citation/Cite