Refresher in legal citations

Army Lawyer, Sept, 2005 by Anita J. Fitch

Introduction to Legal Citations

In all types of legal writing, it is necessary to accredit the source or authority that supports any assertions, statements of fact, propositions, positions, or legal arguments. This reference, whether to a case, statute, legal treatise, internet site, or newspaper article, is called a citation. "The central function of a legal citation is to allow the reader to efficiently locate the cited source." (1) Citations to legal materials follow a standard format that makes it possible for the reader to find cited cases, statutes, regulations, or law review articles. Citations, however, serve additional purposes, including lending authority and credibility to the author's work. As you write, it is important to develop systematic habits for collecting the necessary information on your source materials.

When searching for an answer to a citation question, you should first turn to the The Bluebook: d Uniform System of Citation. (2) Legal scholars and practitioners rely on the Bluebook as the "definitive" source of rules for citation in legal documents and law journals. (3) During 2000, an alternative citation reference guide was published by the Association of Legal Writing Directors--The ALWD Citation Manual (4)--and has won considerable acceptance in law schools. (5) The differences between both citation manuals are minor. You may, however, find one manual's explanations and examples easier to use than the other's. The editors of The Army Lawyer and the Military Law Review also publish The Military Citation Guide (MCG), which is a citation guide consistent with the rules set forth in the Bluebook that provides citation formats for military-specific sources. (6) Both The Army Lawyer and the Military Law Review follow the Bluebook's and the MCG's rules.

At times, trying to decipher a legal authority may feel as if it takes longer than writing the article itself. This article outlines the basic principles of legal citation, including the structure of the Bluebook, and provides examples for some of the most frequently cited sources in legal writing.

To Cite or Not to Cite

All submitted articles must be the author's individual work. An author cannot present facts, propositions, positions, or legal arguments from another person's work without properly attributing that work. Knowing when to cite, however, can be difficult at times. The George Washington University Law School's writing policy, Citing Responsibly: d Guide to Avoiding Plagiarism, relies upon six basic rules first identified by legal scholar Robert Bills for determining when a citation should be included:

1. Cite sources for all direct quotations.

2. Cite sources for paraphrased or summarized language or ideas.

3. Cite sources for ideas or information that are common knowledge if: (a) the information or idea was not known to the author, or (b) the reader may find the information or idea unfamiliar.

4. Cite sources when they add relevant information to your particular topic or argument.

5. Cite sources for all specialized materials, such as letters, interviews, recordings, etc.

6. Cite only to the sources that you relied upon. (7)

Authors should follow these rules when writing an article for publication in either The Army Lawyer or the Military Law Review.

Structure of the Bluebook

The Bluebook is composed of three distinct parts. (8) The first part (rules 1 to 9) sets out the rules for basic structure and use of citations throughout all legal writing. The second part (rules 10 to 21) sets out specific citation formats for various sources and authorities. The final part (tables T. 1 to T. 17) includes tables to use when drafting a citation. A quick reference guide, which includes citation examples to a number of sources, is on the inside front and back covers.

Citations: The Basics

Citations are preceded by introductory signals. (9) Introductory signals are divided into five types: (1) signals that indicate support; (2) signals that suggest a useful comparison; (3) signals that indicate contradiction; (4) signals that indicate background material; and (5) signals that act as verbs. (10) In footnotes with multiple authorities, signals are separated according to type. (11) Cited authorities of the same signal type are separated by semicolons. (12) Introductory signals, when used within citation sentences (13) or clauses, (14) are italicized. (15)

When providing a citation, it is often useful to include additional information about the source or authority cited such as the source's relevance. Generally, this information can be enclosed in parenthesis and added to the basic citation. (16) Explanatory parentheticals must begin with a present participle--arguing, explaining, holding, deciding--that is not capitalized. (17)

When writing a citation or listing a source in the text, you must pay particular attention to the typeface. Rules 2.1 and 2.2 of the Bluebook explain the different typefaces and when each are used. (18) For example, case names are written in ordinary Roman type in full citations, but are italicized in the main text or short citation form. (19) The Bluebook also contains rules for the use of typefaces for stylistic purposes--Rule 7. (20)