when a lawyer cites another case

Another case where you would cite the citation is if the citing case adds something to it that is relevant to your case. Example: "We hold that the rule that "red cars are dangerous" (X v.

Full Answer

When do you cite the citation of a case?

Mar 21, 2022 · Quoting or Citing Parentheticals. This parenthetical is used when the case being cited is itself citing or quoting another case. After noting whether a case was cited or quoted include the full case citation following the same rules and typeface conventions as any other case citation (see rule 10.6.3). Explanatory Parentheticals

Are there variations in citation format for case law?

Mar 01, 2013 · Bluebook Rule 10.6.2. If you are citing a case citing another case, say Abe v. Zoe (quoting Bob v. Bill), then you would cite the title/vol.# /reporter /first page of case/page where you're citing/(court [if unclear] and year) (quoting insert full case citation). Only one level of recursion is necessary. You would never have to say Abe v.

What is the problem with legal citations?

Law Journal Writing; Case Documents; EXAMPLES – CITATIONS OF ... Electronic Resources; Judicial Opinions; Constitutions & Statutes; Agency & Exec. Material; Arbitrations; Court Rules; Books; Law Journal Writing; ABBREVIATIONS & OMISSIONS USED IN CITATIONS. Words in Case Names; Case Histories; Omissions in Case Names; Reporters & Courts

Can I cite a case decision in short form?

Jul 01, 2011 · The year the case was decided. You may sometimes see two dates when looking at a case. One is the date the case or argument was heard, and the second is the date decided (when the court released its opinion). When citing a case, you use the year the court decided the case, not the date argued.

Why do lawyers cite other cases?

Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.

How do you cite a case that is quoting another case?

Often, you want to indicate that a particular case or authority either is quoted in or quotes another authority. If you use “quoted in,” the phrase follows the cite, is separated from it by a comma, and is underlined (memo) or italicized (law review): Doe v. Johnson, 1111 F. 3d 111 (14th Cir.

What is a parallel citation?

Parallel citations are used when the same case is printed in two or more different reporters. In other words, a parallel citation references location information for more that one source of a case.Oct 28, 2021

What does it mean for a case to be cited?

A citation (or cite) in legal terminology is a reference to a specific legal source, such as a constitution, a statute, a reported case, a treatise, or a law review article. A standard citation includes first the volume number, then the title of the source, (usually abbreviated) and lastly, a page or section number.Oct 20, 2021

How do you cite two cases in one sentence Bluebook?

If two or more cases are consolidated, cite only the first-listed parties of each side of the first-listed action. Do not include “et.

How do you cite a district court case?

A citation to a district court case in the Federal Supplement includes the following six elements:Name of the case (underlined or italicized and abbreviated according to Rule 10.2)Volume of the Federal Supplement.Reporter abbreviation ("F. ... First page of the case.Name of the court (abbreviated according to Rule 10.4)More items...•Dec 1, 2021

In what order should parallel citations be presented in a correct legal citation?

The reporters in a Supreme Court case should be in this order: US, S Ct, L Ed (Manual Rule 1:9.2). An example of a proper Supreme Court citation using the Manual is: Brown v Bd of Ed of Topeka, Shawnee Cty, Kan, 347 US 483, 489–90; 74 S Ct 686, 689; 98 L Ed 873 (1954).Jan 9, 2018

What is NE 2d?

North Eastern Reporter (N.E.2d)

What is a string citation?

"String Citations" Whenever you list more than one authority to support the. same legal proposition, you are using a "string citation.” The. name arises from the impression that the writer is "stringing"

Why are legal citations important?

A consistent and uniform citation method for legal materials is important for two reasons. First, it must be possible for the reader to accurately and efficiently locate and verify the information that is offered in support of legal arguments and theories.Aug 19, 2016

What is SCC in law?

Supreme Court Cases (SCC) is the most cited law report by the Supreme Court of India.

How do you read case law citations?

Understanding Case CitationCase Name.Volume No.Name of Reporter.Beginning Page.Year of Decision.

What Is a (Cleaned Up) Case Citation?

You will notice some quotes from cases we cite here at Graham.Law contain the words (Cleaned Up) after the citation. It means we have pledged to make legal text more user-friendly by adopting a proposal which:

Sad State Of Legal Writing

Legal writing is a mess. Judges’ opinions are better now than they were hundreds of years ago when they were written in a language (Latin) no one understood, but only marginally better, as so many legal opinions now are still indecipherable to the public at large.

Complex Case Citation Structure Is Illegible

The problem is that even if the legal source material followed all rules of simplicity with a simple holding, the next case citation quotes the original, and changes it slightly to adapt it for the context of its case, or to add something useful to the original.

Importance Of Case Citations In Quotes

Simplicity vs accuracy – there is a very valid reason for quotes in legal opinions, briefs, and articles. As Metzler says:

Why is it important to identify the court in an Illinois case?

(If this was an Illinois Supreme Court decision, the abbreviation would be only "Ill.") It is important to identify the court because this will determine whether the decision will be considered binding or persuasive. 2002.

Does parenthetical include district court?

If the court is a district court, the parenthetical must also include the district in which the case was decided. ...

Which court has different rules for citations?

Specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, have slightly different citation rules. Check the Table T.1 for guidance on how to cite to materials from such courts.

What is the rule for citing an unpublished case?

Many more cases are available from Westlaw Edge, Lexis or other databases. When citing an unpublished case, refer to rule 10.8.1 (or B10.1.4)

What is the second citation example?

In the second citation example, the Alderson case lists the official Illinois Supreme Court reporter (abbreviated "Ill.2d.") as the first citation. (The abbreviated name of the state court's official reporter is always the same as the abbreviated name of the state's highest court.

Which federal courts have citation conventions?

Federal Courts. Citation conventions for cases from general federal litigation courts, including U.S. Supreme Court, Courts of Appeal and District Courts are listed, as well as the rest of federal courts (such as specialized federal courts, including the U.S. Bankruptcy Court and the U.S. Tax Court).

What is the difference between a brief and a law review note?

The difference between brief format and law review note format is mostly the typeface. For brief format, use italics or underlining for a case name. For law review footnote format, the case name is in regular typeface. In the text of a law review article, italicize the name of a case.

General Rules for Case Names

Sometimes it may be necessary to explain the authority being cited. This information follows the court and year in paretheticals and/or an explanatory phrase. Rule 1.5 (b) provides more detail on the order of parentheticals. Generally, the order is as follows:

Case Name Abbreviations

Generally - Abbreviate explanatory phrases according to Table 8. Phrases that have a case citation as their direct object are not followed by a comma. Phrases that introduce a case citation for the explanatory action are followed by a comma, which is not italicized.

Tips

When nesting parentheticals, be sure to close all the brackets. Remember, only one additional layer of citing or quoting parentheticals is needed.

What Is A (Cleaned Up) Case Citation?

Sad State of Legal Writing

Complex Case Citation Structure Is Illegible

• The problem is that even if the legal source material followed all rules of simplicity with a simple holding, the next case citation quotes the original, and changes it slightly to adapt it for the context of its case, or to add something useful to the original. Then, when the third case cites the second, which cites the first, each layer of quotat...

See more on graham.law

Simplifying Quotations with “Cleaned Up” Cite Parenthetical

Importance of Case Citations in Quotes

U.S. Supreme Court Uses (Cleaned Up) – 2/25/2021 Update