Citation Issues

When to Use Citations

• In the discussion section– Typically not in the issue, brief

answer, facts, or conclusion

Using Citations

• When you assert a legal principle– A contract must be supported with adequate

consideration. CITE.

• When you refer to or describe the content of a legal authority– The court ruled that . . . . CITE.

Using Citations

• When you quote from a source– A lawyer must use the degree of skills

commonly exercised by a “reasonable, careful and prudent lawyer.” CITE.

• When you borrow an idea, even when you do not use the language verbatim

How to Cite: Cases

• Provide official cite (if available) when referring to a case in general (for example, “In Kaupp v. Texas, 538 U.S. 626 (2003), the Court examined the nature of police custody for Miranda purposes.”

• If official cite not available:J.D.B. v. North Carolina, __U.S.__, 131 S. Ct.

2394 (2011)

Pinpoint Citations

• When legal principle, quotation or paraphrased language is found on a specific page in a case, you must cite to that page (pinpoint cite)

• Example (full citation):Kaupp v. Texas, 538 U.S. 626, 630 (2003) J.D.B. v. North Carolina, __U.S.__, 131 S. Ct.

2394, 2396 (2011)

Short Citations

• Once case has been cited in full, subsequent citations can be shortened:– Id. [Refers to immediately preceding cite;

when same page is referenced use Id. alone]– Id. at 629 [ Refers to immediately preceding

cite, but different page.] [If parallel citation was included in original cite, it should be repeated, i.e. Id. at 629, 123 S.Ct. 1846

– Do NOT use Id. if different cite intervenes

Short Citation, cont.

• Additional Formats: (see 13-15 in BB)– Kaupp, 538 U.S. at 629

– 538 U.S. at 629

Star Pagination

• Pagination in online versions of case is indicated by * (referred to as “star”)

• The stars appear throughout the document:– Kaupp was arrested within the *631 meaning of the Fourth

Amendment, there being evidence of every one of the probative

circumstances mentioned – – authorization to **1847 be

* Page 631 of U.S. starts here

** Page 1847 of S. Ct. starts here

Placement Options

• Citation sentence.

• Citation clause.

• Embedded citation.

• .

Citation Sentence

• Reasonable doubt is that doubt which would cause the court to waver on its certainty of the defendant’s guilt. Avila v. State, 745 So. 2d 983, 985 (Fla. 4th Dist. App. 4th 1999).  

Citation Clause

The Court has observed that employers and unions must have significant freedom in creating seniority systems, Cal. Brewers Assn. v. Bryant, 444 U.S. 598, 608 (1980), but this freedom is not unlimited, Nashville Gas Co. v. Satty, 434 U.S. 135, 140 (1977).

Another Citation Clause

• False imprisonment is a general intent crime, State v. Graham, 468 So. 2d 270, 271 (Fla. 2d Dist. App. 1985); therefore, if Murphy is found to have falsely imprisoned Trainor, the intent element will be satisfied.

Embedded Citations

In Meritor Savings Bank v. Vinson, 477 U.S. 57, 66 (1986), the Court indicated that a plaintiff can establish a claim by showing that the harassment created a “hostile or abusive work environment.”

Quotations—a few notes

• Omissions = ellipsis (^.^.^.^)

• Alterations = brackets– The becomes [t]he– states becomes state[d] or state[]

• Block indents– The cite is not part of the block indent

Short Quotations:

• If a quotation is less than fifty words or is no longer than four lines of text, place the quotation in double quotation marks, but do not set if off from the text.

Short Quotations and Punctuation:

• Place periods and commas inside the quotation marks – even if they are not part of the original quotation.

• Place all other punctuation outside of the quotation marks unless the punctuation is part of the original quotation.– These rules also apply to quotations within

quotations.

Longer Quotations:

• If a quotation is fifty words or more or is longer than four lines of text, it should be block-indented and single-spaced. – Do not use quotation marks at the beginning

or the end of the block quotation.• Exception: Quotation within a quotation

– The block quote should be separated from text (above and below) by a double space.

– The indentation should be one tab on both the right and the left.

Longer Quotations

• Retain the paragraphing of the original source.– If the quotation starts with a sentence found in

the middle of a paragraph in the original source, do not indent a second tab.

– If the quotation starts with the first sentence of a paragraph in the original source, indent a second tab on the left side.

– If multiple paragraphs are quoted, every time the first sentence in each new paragraph of the original is cited, indent a second tab on the left side.

Quotations within Quotations:

• Short Quotations– Use single quotation marks to designate

a quotation within a quotation in a short quotation.

• “The court held that the defendant was ‘completely out of order.’”

Quotations within Quotations

• Longer Quotations– Use double quotation marks to designate a quotation

within a quotation in a block indented quotation.

• The court held that the unruly defendant was “completely out of order” when the defendant banged his fists on the table and yelled several obscenities in the jury’s direction. Because of the defendant’s conduct, and refusal to stop when asked, the court held the defendant in criminal contempt of court.

However . . .

• If the original source does not appear within the quoted material, you must identify it in an explanatory parenthetical following the main citation.

Example: Quoting/Citing from a quoted source

• The Court then reversed, stating, “In this case, . . . petitioner’s right to counsel, a ‘specific federal right,’ is being denied anew.” Burgett v. Tex., 389 U.S. 109, 116 (1967) (quoting Spencer v. Tex., 385 U.S. 554, 565 (1966)).