Bluebook format for citing secondary sources citation of books the bluebook has a really strange format for citing books that is a radical departure from scholarly practice in other fields. Overruled by or abrogated by is appropriate when a case explicitly. Goes into great detail on one of the prongs of the aforementioned case. It is reported in volume 564, page 11, of united states reports. Legal citations how to find court decisions and other legal. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Also referred to as cite checking, this is a process through which you can determine whether the cases that you wish to cite are still good law. This case was overruled in 1964 by the case of william murphy and john moody, sr. The indigo book isnt the same as the bluebook, but it does implement the same uniform system of citation that the bluebook does. Bluepages reference for prior and subsequent history. 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. Secondary sources bluebook citation 101 practitioner. As indicated below, those phrases such as affg or overruled by that are followed by a case citation as their direct object are not.
Bluebook rule 10 covers how cases should be cited in legal documents. Examining the impact of vacated state appellate court opinions. Use the creator of the video as the author if available. It is used in citations to present authorities and indicate how those authorities relate to propositions in statements. Few books cause law students as much dread, pain, anger, and frustration as the bluebook the bluebook, formally titled the bluebook. The bluebook of legal citation is a must have for every law student because lawyers are crazy and have to have a crazy way of citing everything. Case citation is a very picky and frustrating activity, but it is very important to. A uniform system of citation, a style guide, prescribes the most widely used legal citation system in the united states. The scope of the indigo book s coverage is roughly equivalent to. We found at least 10 websites listing below when search with bluebook overruled on other grounds on search engine bluebook.
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. This information follows the court and year in paretheticals andor an explanatory phrase. Oh, but the lawyers and law students who write and organize the. As explained above, you might want to cite a decision which has been reversed on appeal, if the part of the decision which helps you was not reversed. A high school senior in san antonio, texas was charged with violating the federal gunfree school zones act of 1990.
The importance of this practice cannot be overstated. Citing secondary sources sample bluebook citations. There are two main case law citators to verify the status of your case on lexisnexis, it is shepards and on westlaw it is keycite. Subsequent history clevelandmarshall college of law. Quotingciting parentheticals used when the case being cited citesquotes another. You should cite to the united state federal constitution by u. The bluebook says to use overruled if it explicitly repudiates the decision, but the later case actually cites it approvingly and just removes a prong it thinks is no longer relevant. 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. Explanatory information introduction to the bluebook. Most of the slides will first reference in italics the table, rule, or page number of the bluebook that the slide covers turn to that page in the bluebook and identify where the information on the slide is printed. Outline bluebook citation libguides at northeastern. When you make a legal argument, you should always back it up by citing the names of.
Citation format examples for footnotes general rules times new roman, size 10, 1 line spacing, justified. Keyciting and shepardizing are also a method for finding other. Citations to cases and other authorities in all documents filed in the courts must be in the style established by either the california style manual or. General principles in the general principles section, the style sheet adopts the nineteenth edition of the bluebook as the basic citation resource. Law school bluebook basics one of the books that all 1l law students are required to purchase is the bluebook. Many of the complicated variations on rules are not shown in these samples. Cases that are effectively but not explicitly overruled or departed from by a later decision of the same court are indicated with the phrase. In a diverse and rapidly changing legal profession. Legal citations how to find court decisions and other. In discussion of overruled cases, adds recognition.
The subsequent history of case is what happened to that case after the opinion was written, in terms of the case perhaps being reversed, affirmed, modified, or having a petition for. There are lots of rules for legal citation, and bluebook is usually the choice of academic papers. Smallcaps rule 11 lays out the citation method for constitutional sections. Cornell law also provides a table of abbreviations for words used in providing case histories. Reversed on other grounds means that the higher court reversed the lower courts decision, but for reasons other than the proposition for which you have cited the decision. You want to cite marcus sykes versus united states. Court of appeals citation practice citation rules legal. Cases bluebook legal citation tarlton law library at. Introduction bluebook guide guides at georgetown law. This book is a reference guide that, believe it or not, will be. Subsequent history citations will follow the full citation of a case, separated by a comma.
Sometimes it may be necessary to explain the authority being cited. Describing negative legal precedent in citators carolina law. If legal advice or other expert assistance is required, the services of a competent. The index is probably the most important part of the book. There are too many rules for this introductory guide to cover. The bluebook requires subsequent history be included in the citation if the case was addressed by a higher court or if the case is cited in full. The bluebook twentieth edition is a uniform system of citation. Reversed on other grounds means that the higher court reversed the lower courts decision, but for reasons other than the. This 2011 united states supreme court case was overruled in 2015 by the case of samuel james johnson versus united states. Subsequent history will by introduced by an explanatory phrase, which can be found in t8 of your bluebook.
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