Legal Citation
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Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. Typically, a proper
legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
citation will inform the reader about a source's
authority In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The N ...
, how strongly the source supports the writer's
proposition In logic and linguistics, a proposition is the meaning of a declarative sentence. In philosophy, " meaning" is understood to be a non-linguistic entity which is shared by all sentences with the same meaning. Equivalently, a proposition is the no ...
, its age, and other,
relevant Relevant is something directly related, connected or pertinent to a topic; it may also mean something that is current. Relevant may also refer to: * Relevant operator, a concept in physics, see renormalization group * Relevant, Ain, a commune ...
information. This is an example citation to a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
court case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or mor ...
: :::''Griswold v. Connecticut'', 381 U.S. 479, 480 (1965). This citation gives helpful
information Information is an abstract concept that refers to that which has the power to inform. At the most fundamental level information pertains to the interpretation of that which may be sensed. Any natural process that is not completely random ...
about the cited authority to the reader. * The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is ''
Griswold v. Connecticut ''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
''. * The case is reported in volume 381 of the
United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...
(abbreviated "U.S."). The case begins on page 479 of that volume of the report. The authoritative supporting material for the writer's proposition is on page 480. The reference to page 480 is referred to as a "pin cite" or "pinpoint." * The Supreme Court decided the case. Because the U.S. Reports publish only cases that the Supreme Court decides, the court deciding the case may be inferred from the reporter. * The authority supports the proposition directly because it is not qualified with a signal. If it had offered only indirect or inferential support for the proposition, the author should have preceded the cite with a qualifying signal such as ''see'' or ''cf.'' * The authority is from 1965, so either the clear and enduring wisdom of this source has been venerated by the test of time, or this clearly dated relic of another era is obviously ripe for revision, depending upon the needs of the writer.
Concurring In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their deci ...
and
dissenting Dissent is an opinion, philosophy or sentiment of non-agreement or opposition to a prevailing idea or policy enforced under the authority of a government, political party or other entity or individual. A dissenting person may be referred to as ...
opinions are also published alongside the Court's opinion. For example, to cite to the opinion in which Justices Stewart and Black dissent, the citation would appear as the following: :::''Griswold v. Connecticut'', 381 U.S. 479, 527 (1965) (Stewart & Black, JJ., dissenting). This citation is very similar to the citation to the Court's opinion. The two key differences are the pin cite, page 527 here, and the addition of the dissenting justices' names in a parenthetical following the date of the case. Of course, legal citation in general and case citation in particular can become much more complicated.


Legal citation analysis

During a legal proceeding, a 'legal citation analysis' - i.e. using
citation analysis Citation analysis is the examination of the frequency, patterns, and graphs of citations in documents. It uses the directed graph of citations — links from one document to another document — to reveal properties of the documents. A t ...
technique for analyzing
legal documents Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...
- facilitates the better understanding of the inter-related regulatory compliance documents by the exploration of the citations that connect provisions to other provisions within the same document or between different documents. Legal citation analysis involves the use of a
citation graph A citation graph (or citation network), in information science and bibliometrics, is a directed graph that describes the citations within a collection of documents. Each vertex (or node) in the graph represents a document in the collection, a ...
extracted from a
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
document, which could supplement
E-discovery Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often refe ...
- a process that leverages on technological innovations in
big data analytics Though used sometimes loosely partly because of a lack of formal definition, the interpretation that seems to best describe Big data is the one associated with large body of information that we could not comprehend when used only in smaller am ...
. by Cat Casey and Alejandra Perez Main path analysis, a method that traces the significant citation chains in a citation graph, can be used to trace the opinion changes over the years for a target legal domain.


Citation by country

Some countries have a
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
citation standard that has been adopted by most of the country's institutions. ;Australia: Australian legal citation usually follows the '' Australian Guide to Legal Citation'' (commonly known as AGLC) ;Canada: Canadian legal citation usually follows the ''
Canadian Guide to Uniform Legal Citation The ''Canadian Guide to Uniform Legal Citation'' (''McGill Guide'' or ''Red Book''; french: Manuel canadien de la référence juridique) is a legal citation guide in Canada. It is published by the ''McGill Law Journal'' of the McGill University ...
'' (commonly called the McGill Guide) ;Germany: German legal citation ;Ireland: OSCOLA Ireland is the system of legal citation for Ireland. OSCOLA Ireland was adapted from the
Oxford Standard for Citation of Legal Authorities The ''Oxford University Standard for Citation of Legal Authorities'' (''OSCOLA'') is a style guide that provides the modern method of legal citation in the United Kingdom; the style itself is also referred to as OSCOLA. First developed by Peter B ...
. It is edited by a group of Irish academics, in consultation with both the OSCOLA Ireland Editorial Advisory Board, and the OSCOLA Editorial Advisory Board. ;Netherlands: Dutch legal citation follows the ''Leidraad voor juridische auteurs'' (commonly known as ''Leidraad'') ;United Kingdom: The
Oxford Standard for Citation of Legal Authorities The ''Oxford University Standard for Citation of Legal Authorities'' (''OSCOLA'') is a style guide that provides the modern method of legal citation in the United Kingdom; the style itself is also referred to as OSCOLA. First developed by Peter B ...
(commonly known as OSCOLA) is the modern authority on
citation of United Kingdom legislation Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sou ...
. Guidance for UK government drafters is provided in ''Statutory Instrument Practice''. ;USA: U. S. legal citation follows one of: *
Bluebook ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal ...
standard *
ALWD Citation Manual ''ALWD Guide to Legal Citation'', formerly ''ALWD Citation Manual'', is a style guide providing a legal citation system for the United States, compiled by the Association of Legal Writing Directors. Its first edition was published in 2000, unde ...
* Tanbook (New York State Official Reports Style Manual) *
Greenbook The Greenbook of the Federal Reserve Board of Governors (called the Greenbook for short) is a book with projections of various economic indicators for the economy of the United States produced by the Federal Reserve Board before each meeting of t ...
(Texas Style Manual, supplements Bluebook) * Maroonbook (University of Chicago Law School) A number of U.S. states have adopted individual public domain citations standards.


See also

*
Case citation 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. Case ci ...
*
Citation analysis Citation analysis is the examination of the frequency, patterns, and graphs of citations in documents. It uses the directed graph of citations — links from one document to another document — to reveal properties of the documents. A t ...
*
Citation of United Kingdom legislation Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sou ...
*
Legal citation signals 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. It is used in citations to present authorities and indicate how those a ...
*
Oxford Standard for Citation Of Legal Authorities The ''Oxford University Standard for Citation of Legal Authorities'' (''OSCOLA'') is a style guide that provides the modern method of legal citation in the United Kingdom; the style itself is also referred to as OSCOLA. First developed by Peter B ...
or "
OSCOLA The ''Oxford University Standard for Citation of Legal Authorities'' (''OSCOLA'') is a style guide that provides the modern method of legal citation in the United Kingdom; the style itself is also referred to as OSCOLA. First developed by Peter B ...
" * Sub nomine * Main path analysis


References


External links


Tanbook
(New York State Official Reports Style Manual)
Common Abbreviations and Legal Citation Examples for Selected Federal Government Documents
(Law Librarians' Society of Washington, D.C.) {{DEFAULTSORT:Legal Citation