If the citation also includes a subsequent history, place the prior history before the subsequent. The citation that followed the quote included a parenthetical citation to the decision that was quoted within the quotation, and there was also a parenthetical indicating that citations or maybe an ellipsis had been omitted from the quotation, or maybe that the alterations were in the original. When citing a source for the purposes of a citing or quoting parenthetical under rule 1. The title of the book, also in small caps, should follow. In general, any explanatory word or phrase that helps explain something that came before it. Suppose youre writing a piece of legal analysis and you need to quote a case thats quoting another case. If, however, the provision cited or quoted has changed since the publication of the source doing the citing or quoting, cite. Signals are important because they indicate how a cited authority relates to the text. The same rules regarding typeface, short form, etc.
Thus, citation clauses can contain both supporting and contradictory authority, separated only by a semicolon. Parenthetical in general, any explanatory word or phrase that helps explain something that came before it. Quotingciting parentheticals used when the case being cited citesquotes another case. You may omit extraneous words such as the unless doing so would cause confusion. They can be used to reinforce a legal argument without a lengthy explanation, like this. Citation reducing legalwriting clutter with cleaned up have you heard of cleaned upthe daring new explanatory parenthetical. 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. Cases bluebook legal citation tarlton law library at tarlton law. This assists the readers understanding of the relationship between the textual statement and the cited authority. Verify if a comma is needed after the appropriate explanatory phrase. In the mid1990s if memory serves, the 16th edition of the bluebook first came out with a rule that every citation prefaced with the word see must be followed by an explanatory parenthetical. Cases bluebook legal citation tarlton law library at. Explanatory parentheticals should begin with a present participle, unless the parenthetical contains a quoted sentence or a short statement.
Explanatory parentheticals can pack a persuasive punch. Such parentheticals often explain the relevance of the source, indicate something about its persuasive force, or quote language from the source. Bt2 jurisdictionspecific citation rules and style guides. Alwd guide to legal citation cross reference table. Use cleaned up to make your legal writing easier to read. In most cases, when an author uses an introductory signal, a parenthetical should follow the citation. In law, a citation or introductory signal is a set of phrases or words used to clarify the authority or significance of a legal citation as it relates to a proposition.
Introductory signals appear at the beginning of citation sentences. Clarifies that the per curiam parenthetical must be used for all opinions so designated by the court under the previous rule, such a parenthetical could have been optional. If both types of parentheticals are needed, cite the weight of authority. Citations in quotingciting parentheticals, 6152010 related section. The following information regarding the bluebook citation format is an adapted version of the style and formatting guidelines found in the bluebook, 20th ed. And suppose you choose to omit some words and alter the original a bit. Indeed, judges and top advocates want explanatory parentheticals to accompany citations in motions and briefs. Parenthetical definition of parenthetical by the free. If the citation also includes prior and subsequent case history, include this after the parenthetical. A participle phrase that may include a quote with no period or ellipsis at the end. All cases cited by defendants are very different from this case. Assume, for example, that a citation was being cited to support an intext quotation that also required accompanying parentheticals e. Do not begin with a capital letter or end with a period unless the parenthetical consists of a quotation that reads as a.
It is used in citations to present authorities and indicate how those authorities relate to propositions in statements. Books rule 15 indiana journal of global legal studies. An explanatory parenthetical can briefly explain the proposition for which the case stands and is. Sometimes it may be necessary to explain the authority being cited. A parenthetical is an explanatory phrase included in parentheses at the end of a legal citation. Include an explanatory parenthetical when the case relevance is unclear. For standard legal documents, intext citations are rendered either as i a complete sentence that supports a claim in the immediately preceding sentence of text, or, ii when the citation relates to a particular part of a sentence, as a clause within the sentence, immediately following the claim it supports. Regardless of the type of authority you are citing, it is often helpful to include additional information to explain the relevance or weight of the legal authority. Parenthetical use is governed in part by the bluebook and in part by. Instruction that parentheticals about a case should immediately follow. Hereinafter goes after a direct internet citation but before an explanatory parenthetical. Adds instruction on how to cite to seriatim opinions of the u.
Mark stichel aug 10, 2018 blog not much has changed in proper legal citation since i began law school other than the fact that the current edition of the blue book is much thicker and has larger pages than the relatively compact edition that i bought in 1980. Things can get a bit tricky visually, at least when an explanatory parenthetical with a quotation is added to a citation that is already supporting an intext quotation. This parenthetical is used when the case being cited is itself citing or quoting another case. Legal writers use citation signals to tell readers how the citations support or do not support their. Explanatory information introduction to the bluebook. Some of the most obscure bluebook rules or how to really. A quotation that is a complete sentence with a period or four period ellipsis at the end. Parentheticals are an excellent legal writing tool, especially in string citations. Basic legal citation legal information institute cornell university. This relation can be supportive, comparative, or contradictory. The following information regarding the bluebook citation format is an adapted version of the style and for matting guidelines found in the bluebook, 20th ed.
In formal legal writing, a statement that may be added in parentheses at the end of a source citation. Put the period closing the citation outside of the closing parentheses. Make sure to include an explanatory phrase, found in t8. Such parentheticals often explain the relevance of the source, indicate something about its. Parenthetical use is governed in part by the bluebook and in part by our own writing objectives. Preceding citation may only contain one authority but ignore authority in explanatory parentheticals. For further discussion of this issue, see, for example, state v. As indicated below, those phrases such as affg or overruled by that are followed by a case citation as their direct object are not followed. The following table lists a number of explanatory phrases some of which contain abbreviations commonly used in indicating prior or subsequent history and weight of authority of judicial decisions. A pinpoint citation directly follows the title, which designates the specific pages on which the cited material appears.
1108 353 266 1500 74 1531 800 227 915 1126 1148 519 506 376 1009 902 911 1041 705 1259 542 1394 505 1449 44 1137 1322 1124 508 810 1470 1492 390 1483 1062 370 714 1241 677 610 179 668 231