when a lawyer references past cases

How do you reference a case in an introduction to law?

Aug 31, 2017 · Your references should be a list of (usually three) individuals whom the employer can contact to talk about you and your work experience. The most appropriate references are …

What are some common legal references APA users might need?

Cases & Court Decisions Cases and court decisions generally include these elements: title or name of case (e.g. Plessy v. Ferguson) citation (in law, this means the volume and page in …

How do you cite a very old court case?

• Introduction to Law only requires you to find cases in a textbook, lecture notes or slides. Reference them if you quote or summarise the statements made from or about a case. • Give …

What is a case citation?

Step 1. Talk to the lawyer. The easiest way to learn how many cases a lawyer wins or loses is to talk to them. Some attorneys keep this kind of information and can tell you their history, white …

Do employers ask for references?

Some employers ask for reference s as part of the initial application, while others ask for references after an interview. Your references should be a list of (usually three) individuals whom the employer can contact to talk about you and your work experience. The most appropriate references are your current or former employers ...

Do you request references for a letter of recommendation?

Reference requests are not requests for recommendation letters. A list of your references should be provided as an attachment and include a name, title, contact information and how you know the reference (see attached sample). Only provide references if the employer asks for them. Sample Reference Sheet.

Do you need references for a recommendation letter?

Reference requests are not requests for recommendation letters. A list of your references should be provided as an attachment and include a name, title, contact information and how you know the reference (see attached sample). Only provide references if the employer asks for them.

What is the citation of a case?

Plessy v. Ferguson) citation (in law, this means the volume and page in reporters, or books where case decisions are published ) jurisdiction of the court, in parentheses (e.g., US Supreme Court, Illinois Court of Appeals)

What does "citation" mean in law?

citation (in law, this means the volume and page in reporters, or books where case decisions are published) jurisdiction of the court, in parentheses (e.g., US Supreme Court, Illinois Court of Appeals) date of decision, in same parentheses as jurisdiction. URL (optional)

What are the elements of a statute reference list?

The elements of a statute reference list entry are as follows, in order: name of the act. title, source (check the Bluebook for abbreviations), and section number of the statute; the publication date of the compilation you used to find the statute, in parentheses.

What is URL citation?

URL (optional) In-text citations are formatted similarly to court decisions above (name of the act, year). Years may be confusing because acts are often passed in a different year than they are published; you should always use the year when the law was published in the compilation you looked at.

Do you need to cite a constitution?

Constitutions, Charters, and Treaties. You do not need to create a citation for entire federal or state constitutions. Simply reference them in the text by name. When citing particular articles and amendments, create reference list entries and in-text citations as normal.

Where are federal statutes found?

Statutes are laws and acts passed by legislative bodies. Federal statutes can be found in the United States Code, abbreviated U.S.C., where they are divided into sections called titles that cover various topics. New laws are added into the title they most belong to. State statutes are published in their own state-specific publication.

Why is referencing important in legal writing?

Not only does it allow you to acknowledge the ideas of others, but it also demonstrates your ability to find scholarly sources and use them correctly.

What is the introduction to law?

Introduction to Law only requires you to find cases in a textbook, lecture notes or slides. Reference them if you quote or summarise the statements made from or about a case.

How to find out how many cases a lawyer wins or loses?

Step 1. Talk to the lawyer. The easiest way to learn how many cases a lawyer wins or loses is to talk to them. Some attorneys keep this kind of information and can tell you their history, white others may not. All lawyers will be able to tell you, in general, what their history is.

Do attorneys work locally?

Many attorneys work locally, especially those who practice family law, civil law or criminal defense law. You can ask the attorney in what jurisdiction or courthouse most of their cases are heard, and then contact the state judicial offices or go to their websites.

What does it mean to see the other side of a case?

Seeing the “other side” of the background, situation, and directions in life of a person involved in a case means that the opposing side has the opportunity to see you as a person, and not just another case number. Also, the psychological principle of “ social proof ” means that the more people that are willing to vouch for you, ...

What is a character reference letter?

Character Reference Letters and Letters of Recommendation can help you in most cases if you have a DUI or other court case pending. While it isn’t a complete legal defense or factual defense to the charges, a prosecutor, or a judge, tends to see the hundreds of cases a month coming through the court system.

When writing a recommendation letter, do you include a salutation?

Joyner, Dear Ms. Merrill, etc.). If you are writing a general letter, say “To Whom it May Concern” or simply don’t include a salutation and start with the first paragraph of the letter. Paragraph 1.

What is the second paragraph of a recommendation letter?

The second paragraph of a recommendation letter contains specific information on the person you are writing about, including why they are qualified, what they can contribute, and why you are providing a reference letter. If necessary, use more than one paragraph to provide details. Paragraph 3.

Why do you write a recommendation letter?

With a personal letter, you are writing a recommendation simply because you know the person and their character. Paragraph 2. The second paragraph of a recommendation letter contains specific information on the person you are writing about, including why they are qualified, what they can contribute, and why you are providing a reference letter.

What to ask a former employer for a service letter?

When asking a former employer for a service letter, you are asking for the truth, the whole truth, and nothing but the truth as to why you were fired. But reasons for firing are subjective. And chances are, you may not like what you read. A number of states specifically protect employers from being sued for defamation because ...

What are service letter laws?

Some states have laws, sometimes known as service letter laws, that require employers to provide former employees with letters describing certain aspects of their employment —for example, their work histories, pay rates, or reasons for their termination. These laws vary greatly from state to state and are summarized in the chart below.

Can an employer give information about a former employee?

In some states, employers may provide information about a former employee only with the employee's consent. And, to protect employers from defamation lawsuits, some states give employers who provide this information immunity, which means that the former employee cannot sue the employer for giving out the information as long as ...

Can an employer be sued for defamation?

A number of states specifically protect employers from being sued for defamation because of what they have written in service letters. Most laws require a former employer to provide a statement that is "truthful" or "in good faith" to take advantage of this protection.

How long does it take to get a copy of a written disclosure?

• Within 10 days of receiving employee's request, employer must send copy of written disclosure or true statement of verbal disclosure, along with names of people to whom information was given.

What does it mean when a state has no statute?

If the chart below indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control information from former employers. Call your state labor department for more information.

How do you know if a case is still good law?

They also get criticized and distinguished. The only way you can know if your case is still good law is to validate your research. "Validating" your case research means to run your case through a citator service to see if there are subsequent legal authorities that invalidate your case and then reading those cases that negatively impact your case.

Can you cite a case without reading the citator report?

There is simply no shortcut or substitute for reading those cases. If you assume you cannot rely upon a certain case based solely on the citator report, without actually reading the negative treatment cases, you may end up losing the opportunity to cite to case that is valid for your issue and supports your position.

How to determine validity of a case?

To determine the validity of your case, you must review those cases that offer negative treatment of your case. There are several types of negative treatment. Cases that have been reversed, overruled, or superseded are no longer good law and typically should not be relied upon. However, sometimes cases are simply reversed/overruled/superseded in ...

Is it good to have a case overruled?

Cases that have been reversed, overruled, or superseded are no longer good law and typically should not be relied upon. However, sometimes cases are simply reversed/overruled/superseded in part, or sometimes the issue on which the case was reversed/overruled/superseded is not the issue for which you are using the case.

What is key citation?

Also, Key Cite provides a report of all the instances that a case has been treated negatively in other courts. When you pull up a case in Westlaw, there are tabs that appear immediately under the case title that give you information about the case history, negative treatment by other cases, and citing references.

What does a red flag mean in court?

A red flag, as in the above sample, means a case is no longer good for at least one point of law. A yellow flag means that a case has some negative treatment but has not been reversed or overruled. A blue striped flag means that a case has been appealed to a U.S. Court of Appeals or to the U.S. Supreme Court.

What does the yellow flag mean in Westlaw?

A yellow flag means that a case has some negative treatment but has not been reversed or overruled. A blue striped flag means that a case has been appealed to a U.S. Court of Appeals or to the U.S. Supreme Court. If there is no flag, then Westlaw has not identified any negative treatment for the case.

What was the lawyer's role in the family business?

A lawyer was helping run the family business, which was controlled by his mother and shared with his siblings. There was no engagement letter. As the mother started aging and fading, there were disputes among the children (the lawyer and his siblings) how things should be handled.

Why is there no attorney-client privilege?

The court held that there was no attorney-client privilege for communications between the in-house counsel and the client because the in-house counsel was not licensed and, therefore, not an "attorney.". There is some split of authority on this issue.

Why is this case a dream case for commentators on in-house ethics?

This is a dream case for commentators on in-house ethics because it raises two of the most common "defenses" asserted by in-house lawyers when pushing back against ethical concerns. Mr. Rosefielde was in-house for several small companies owned by Mr. Kaye.

Is an attorney fired for being at will?

The Utah Supreme Court held that the attorney was an employee at will, was entitled to be fired for any reason not illegal, and the ethical requirements that he report "up the ladder" were insufficient to overcome the general public policy in favor of employees being at will.

Did the general counsel get admitted?

After considerable time, the general counsel was still not admitted, so the in-house obtained her own legal advice concerning her ethical obligations and felt compelled to report the unlicensed practice of law to appropriate State agency.

What was the in-house counsel for one company?

The in-house counsel for one company had often performed legal work for the related companies. In the dispute, it was determined that the lawyer's notes were not privileged as to any of the companies in the dispute, as he was each company's lawyer.

Do ethical rules apply to in-house counsel?

The ethical rules still apply to in-house counsel. Not only that, the stakes are higher because it is much more difficult for your to disengage from your client when you are in-house. If you have any questions about your ethical duties at all, contact the author.