Legal citations are an essential part of the law. These citations act as a shorthand method to inform readers about the source of a statement or claim. It’s just like the quotation marks we use in English to set apart what a person has said from the writer’s comments. The same principle applies to legal and academic writing.
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The Importance of Citations
You might be wondering why we’re emphasizing so much on citations in legal writing. It’s because knowing the origin of a statement about the law is crucial. Just like quotation marks in English essays, citations in legal writing serve to clearly differentiate between the author’s words and the referenced content (Lipson, 2018).
Imagine someone tells you a law, but they don’t mention where they got it from. How would you trust its authenticity? That’s where citations come in. They help establish credibility and support the statement made.
Citations in Case Law
Case law, the law derived from past court decisions, serves as an excellent example of citations in legal writing. To a beginner reading case laws, it might seem like every sentence is followed by a citation. However, for an experienced legal reader, these citations become part of the narrative and help understand the development of the case.
In the United States, a common law country, these citations refer back to ideas and legal precedences from previously decided cases. It provides a glimpse into the minds of judges and explains why they ruled the way they did. Therefore, legal professionals must always provide the authority behind any statements they make about a case.
The Importance of Citations in Legal Practice
In the field of law, personal opinions don’t hold much weight. No matter how brilliant a lawyer is, their statements won’t hold any sway in court unless backed up by a competent legal authority. It’s not about what a lawyer thinks but what the law says. Thus, citations become critical in both academic and practical aspects of the law (Bluebook).
The Bluebook: A Uniform System of Citation
The most common form of a citation in legal writing is a citation sentence, which is different from the parenthetical system used in the APA style. The usual form of a citation sentence provides information about a source, followed by a period. If more than two sources support the preceding sentence, then they are separated by a semicolon.
Mastering these citation rules might seem overwhelming at first, but with practice, it becomes second nature. The most commonly referenced guide for citing legal materials is The Bluebook: A Uniform System of Citation. It has some basic conventions to remember:
- Italicize the Name of Court Cases: Always italicize the names of the court cases.
- Cite the Official Source of Law: Always cite from the official source of law.
- Use Accepted Abbreviations: Use the accepted abbreviations for reporters, codes, and so forth.
- Provide a Pinpoint Citation: When quoting from a case, provide a pinpoint citation, i.e., the exact page number.
- Include the Year of Decision: Always include the year that a case was decided in parentheses.
Introductory Signals in Legal Writing
When delving into the world of legal writing, one might stumble upon a unique language – the language of “introductory signals.” These are crucial elements in legal citations, serving as navigational aids to understand the relationships between authorities and propositions. Bluebook, the premier citation guide for American legal documents, has dedicated Rule 1.2 to elaborating on these signals. Let’s unpack them one by one to gain a comprehensive understanding.
The Purpose of Introductory Signals
Introductory signals, as the term suggests, introduce a citation sentence in legal writing. They serve as beacons, alerting the reader to a particular aspect or interpretation of the cited authority. When you see a signal, it signifies that the cited source possesses a specific relation to the proposition in the text.
Interestingly, the absence of a signal also communicates something important. It typically suggests that the cited authority reflects exactly the rule of law as stated, or it simply identifies an authority that has been mentioned in the text.
A Catalog of Introductory Signals
Rule 1.2 of the Bluebook lists various signals used in legal citations. Let’s delve into each signal, understanding its specific purpose and usage.
E.g.
This signal acts as a flag, telling the reader that the citation provided is merely an example. It implies there are numerous possible citations for the point being made, but it’s not necessary or useful to list them all.
See
The “see” signal introduces an inferential step between the proposition and the cited authority. It means the citing authority doesn’t mirror the proposition exactly but logically follows from it.
See also
“See also” signifies that the citation that follows provides additional authority that supports the proposition in the text.
Cf.
“Cf.” is used when the cited authority offers material that’s analogous to the proposition in the text, helping to fortify the argument.
Compare
The “compare” signal is used when comparing authorities can help to clarify or solidify a point made in the text.
Contra
“Contra” signals that the cited source asserts the opposite of the proposition in the text, essentially contradicting the stated claim.
But see
The “but see” signal alerts the reader that the cited authority supports a stance that contrasts with the proposition offered in the text.
See generally
Lastly, “see generally” indicates that the cited authority provides background or general information related to the proposition in the text.
Introductory signals are akin to traffic signs on the road of legal writing. They guide the reader, indicating the direction of thoughts and arguments. Understanding them is essential for effectively navigating and interpreting legal citations. With these signals in your legal writing toolkit, you’re ready to dive deeper into the world of legal literature!
Comparing APA and Bluebook Citation Styles
Citation styles are foundational to academic writing, allowing writers to acknowledge their sources and readers to track down these sources if needed. Two such styles, the American Psychological Association (APA) style and the Bluebook style, are widely used in various fields, including legal studies. Despite their common goal, they adopt distinct approaches and rules.
Understanding APA and Bluebook Styles
The APA Style
The APA style is a set of rules for writing and formatting academic papers, developed by the American Psychological Association. While it originated in the field of psychology, it has been widely adopted across various disciplines, including criminal justice, education, and social sciences. Its primary focus is on citing scholarly articles and books in a straightforward and concise manner. The APA style prioritizes the author’s name and the year of publication, making it easier to grasp the recency of the source (American Psychological Association, 2020).
The Bluebook Style
Contrarily, the Bluebook style, formally titled “The Bluebook: A Uniform System of Citation,” is the leading citation method for American legal documents. Developed by the Harvard Law Review, it is designed specifically to meet the unique citation needs of legal texts. It provides guidelines for citing court cases, statutes, legal journals, constitutions, and other legal authorities. Bluebook citations are intricate, aiming to reflect the hierarchical structure of the law and the path to locate the cited legal authority (Harvard Law Review, 2020).
Contrasting APA and Bluebook Styles
Despite their shared objective, APA and Bluebook citation styles have a few key differences.
- Purpose and Field of Usage: APA is widely used in social sciences, including psychology, education, and business, while Bluebook is the preferred citation style for legal documents.
- Focus of Citation: APA emphasizes the author and year of publication to assess recency and relevance, whereas Bluebook focuses on the source’s exact location and hierarchical relevance within the legal system.
- Complexity: APA is generally considered easier to learn and apply, with a more simplified and streamlined approach. Conversely, the Bluebook style, given its focus on legal documents, is more complex and nuanced.
Using APA for Legal Citations
While the Bluebook style is the default for most legal writing, APA can be used for legal citations, particularly in interdisciplinary contexts. Here are a few guidelines for citing legal sources in APA style:
- Cases: The format for citing court cases in APA is “Name v. Name, Volume Source Page (Court Year).” For example, “Brown v. Board of Education, 347 U.S. 483 (Supreme Court 1954)”.
- Statutes: When citing statutes, include the title, source, and year. For instance, “Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004)”.
- Constitutions: To cite the U.S. Constitution, mention the article, section, and clause. For example, “U.S. Constitution art. I, § 8, cl. 1”.
Despite APA’s usability for legal citations, remember that Bluebook remains the preferred style for purely legal texts. APA legal citation is best suited for work that bridges legal studies with other disciplines. As a criminal justice student, that’s what you will usually be writing!
Wrapping Up
Understanding and correctly using legal citations is integral to law. They lend credibility to the statement made, help trace back to legal precedents and maintain clarity between the author’s words and referenced content. Remember, mastering legal citations is not about rote memorization but understanding their significance and applying them diligently.
Summary
This section explored the role of legal citations in law, emphasizing their criticality in establishing credibility and supporting assertions made within legal texts. We delved into the intricacies of citation systems, comparing and contrasting two primary styles: APA and Bluebook. While APA is used across various social sciences, Bluebook is specifically designed for legal documents, with complex rules reflecting the hierarchical structure of law and the path to locate the cited legal authority. The conversation also illuminated how to use APA for legal citations, even though Bluebook remains the preferred style in purely legal contexts.
References and Further Reading
American Psychological Association. (2020). Publication Manual of the American Psychological Association (7th ed.). American Psychological Association.
Harvard Law Review. (2020). The Bluebook: A Uniform System of Citation (21st ed.). Harvard Law Review Association.
Lipson, C. (2018). Cite Right: A Quick Guide to Citation Styles.
Purdue Online Writing Lab (OWL). (2023, June 29). Legal, Public, and Unpublished Materials.
Modification History File Created: 08/04/2018 Last Modified: 06/29/2023
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