Basic Legal Citation: What and Why?
§ 1-100 . Introduction
🧭 Overview
🧠 One-sentence thesis
Legal citation is a standardized technical language that allows lawyers and judges to refer to legal authorities with precision while balancing the need for complete information against keeping text uncluttered.
📌 Key points (3–5)
- What legal citation is: a standard language of abbreviations and special terms that enables writers to refer to statutes, regulations, decisions, and secondary sources with precision.
- Why lawyers and judges cite: they lace their arguments and opinions with references to authorities they believe are pertinent and supporting.
- Three goals of a proper citation: identify the document and part; provide enough information for the reader to find it in their available sources; furnish additional context about the material and its connection to the argument.
- Common confusion: copying citations from older sources or court opinions can yield inconsistent or outdated forms—citation norms change over time, and publishers alter citations for branding.
- Why it matters: careful citation use signals craft and professionalism; careless citation leads to negative assumptions about the writer's competence.
📚 The citation landscape
📘 The Bluebook and ALWD Citation Manual
- For many years, The Bluebook (named for its cover color) was the authoritative reference, written and published by a small group of law reviews.
- So dominant that people refer to proper citation formatting as "Bluebooking."
- The most recent edition mentioned is the nineteenth (2010).
- In 2000, the ALWD Citation Manual: A Professional System of Citation (4th ed. 2010) appeared, prepared by the Association of Legal Writing Directors and designed specifically for instructional use.
- Differences between the two manuals are minor and noted throughout this work.
🏫 Origins and focus
- Both manuals are prepared in law schools with comprehensive print libraries and expensive commercial online systems.
- Their principal focus is on writing that law students and professors do and that academic law journals publish.
- The Bluebook sets forth two distinct versions: one for journals and an alternative set of "practitioner rules."
- This work focuses on practitioner citation forms rather than journal publication, so it does not cover The Bluebook's distinct typography rules for journals.
🌐 Dialects and evolving usage
- Like dictionaries, these manuals both prescribe and reflect usage.
- Professional practice realities—especially digital distribution displacing print—lead to dialects or usages neither manual includes.
- The type of writing required of lawyers and judges leads to citation practices quite different from those appropriate to published articles.
- This introduction aims to identify important points where the two manuals diverge and where evolving usage in legal memoranda and briefs differs from the rules.
⚠️ Pitfalls and cautions
🚫 Don't copy citations blindly
Copying and pasting citations from decisions and other references into one's own writing is almost certain to yield inconsistent, nonstandard, and even incomplete citations.
- Commercial publishers view citation as subtle advertising through branding.
- Example: decisions published in Thomson Reuters's National Reporter System (e.g., Atlantic Reporter, Federal Supplement) have been altered by editors to refer to other West publications.
- Several important state courts (California and New York among them) have idiosyncratic citation norms for their own decisions.
- Many state courts cite their own statutes and regulations without repeating the full state name abbreviation in each reference (implied by context).
- While a state court may accept or prefer briefs using the same citation dialect, Federal courts in the same state may not.
📅 Citation norms change over time
- The Bluebook has been revised five times since 1990: substantially in 1991, controversially in 1996, and again in 2000, 2005, and 2010.
- Citations from legal documents published in prior years may have conformed to standards at the time but may need reformatting to comply with current ones.
- Even carefully edited pre-2010 journal articles, books, or opinions may not be in proper current form.
- Don't confuse: a citation that was correct in the past may be outdated now.
🔍 Reading vs writing citation
- Learning to read "legal citation" is easier than learning to write it fluently.
- Active use of any language requires greater mastery than receiving and understanding it.
- Dialects pose little confusion for a reader but present a serious risk of misleading and inconsistent models for a beginning writer.
- As a writer, you must check all references you find in the work of others, including citations in court opinions.
🎯 What legal citation accomplishes
🎯 Three core purposes
A reference properly written in "legal citation" strives to do at least three things within limited space:
| Purpose | What it means |
|---|---|
| Identify | Identify the document and document part to which the writer is referring |
| Locate | Provide the reader with sufficient information to find the document or part in the sources the reader has available (which may or may not be the same sources as those used by the writer) |
| Contextualize | Furnish important additional information about the referenced material and its connection to the writer's argument to assist readers in deciding whether or not to pursue the reference |
⚖️ The fundamental tradeoff
- The tradeoff underlying any citation scheme is between providing full information about the referenced work and keeping the text as uncluttered as possible.
- Standard abbreviations and codes help achieve a reasonable compromise of these competing interests.
- While encryption creates difficulty for lay readers, it achieves a dramatic reduction in the space consumed by often numerous references.
- Experienced readers learn to follow a line of argument straight through the many citations embedded in it.
- Citations are a bother until the reader wishes to follow one.
🛠️ How to use this work
📖 Scope and limitations
Being an introductory work, not a comprehensive reference, this resource has a limited scope and assumes that users confronting specialized citation issues will have to pursue them into the pages of The Bluebook, the ALWD Citation Manual, or a guide or manual dealing with the citation practices of their particular jurisdiction.
- This introduction is limited to contemporary U.S. legal material.
- It does not cover the full range of journal writing, including foreign law materials and historic references that both manuals embrace.
- Cross-reference tables in sections 7-300 (Bluebook) and 7-400 (ALWD) are incorporated by links throughout to facilitate out-references.
- Wherever you see [BB|ALWD] at the end of a section heading, you can obtain direct pointers to more detailed material.
🎓 Learning approach
- Few people find a dictionary the best starting point for learning a new language; for the same reasons, neither The Bluebook nor the ALWD Citation Manual is a good primer.
- Like dictionaries, both manuals are designed as comprehensive reference works.
- This introduction aims at building basic mastery through concise statements of principles and usage linked to examples.
- The goal is not to separate you from a full reference work—inevitably you will encounter unusual situations requiring "looking up" the proper rule or abbreviation.
- Instead, this introduction aims at a level of mastery that enables you to do all of your legal reading and much of your legal writing without having to reach for the manuals.
- You would be wise to introduce yourself to one of the manuals as you proceed: read through its table of contents and introductory material; observe how it arrays its more detailed treatment.
🎬 Additional resources
- A complementary series of "Citing ... in brief" video tutorials offers a quick-start introduction to citation of major categories of legal sources.
- Currently available: Citing Judicial Opinions (8.5 minutes), Citing Constitutional and Statutory Provisions (14 minutes), Citing Agency Material (12 minutes).
- These videos are useful for review.
💬 Feedback welcome
- Comments, corrections, and extensions are welcome.
- Questions: What doesn't work, isn't clear, is missing, appears to be in error? Has a change occurred in one of the fifty states that should be reported?
- Many features and some coverage are the direct result of past user questions and advice.
🏁 Why mastery matters
🏁 The language of legal argument
- When lawyers present legal arguments and judges write opinions, they cite authority.
- They lace their representations of what the law is and how it applies to a given situation with references to statutes, regulations, and prior appellate decisions they believe to be pertinent and supporting.
- They also refer to persuasive secondary literature such as treatises, restatements, and journal articles.
- As a consequence, those who would read law writing and do law writing must master this new, technical language.
🏁 Professional expectations
- Striving for proper citation form will for a time seem a silly distraction from the core project of writing.
- But as is true with other languages, those who use this one carefully make negative assumptions about the craft of those who don't.
- Being a simple language at its core, this one should fairly quickly become a matter of habit and thus no longer a distraction.
- Don't confuse: the difficulty is temporary; the professional benefit is lasting.