Transcript Citation Issues - De Anza College

Citation Issues
When to Use Citations
• In the discussion section
– Typically not in the issue, brief
answer, facts, or conclusion
Using Citations
• When you assert a legal principle
– A contract must be supported with adequate
consideration. CITE.
• When you refer to or describe the content
of a legal authority
– The court ruled that . . . . CITE.
Using Citations
• When you quote from a source
– A lawyer must use the degree of skills
commonly exercised by a “reasonable,
careful and prudent lawyer.” CITE.
• When you borrow an idea, even when you
do not use the language verbatim
How to Cite: Cases
• Provide official cite (if available) when
referring to a case in general (for example,
“In Kaupp v. Texas, 538 U.S. 626 (2003), the
Court examined the nature of police custody for
Miranda purposes.”
• If official cite not available:
J.D.B. v. North Carolina, __U.S.__, 131 S. Ct.
2394 (2011)
Pinpoint Citations
• When legal principle, quotation or
paraphrased language is found on a
specific page in a case, you must cite to
that page (pinpoint cite)
• Example (full citation):
Kaupp v. Texas, 538 U.S. 626, 630 (2003)
J.D.B. v. North Carolina, __U.S.__, 131 S. Ct.
2394, 2396 (2011)
Short Citations
• Once case has been cited in full,
subsequent citations can be shortened:
– Id. [Refers to immediately preceding cite;
when same page is referenced use Id. alone]
– Id. at 629 [ Refers to immediately preceding
cite, but different page.] [If parallel citation
was included in original cite, it should be
repeated, i.e. Id. at 629, 123 S.Ct. 1846
– Do NOT use Id. if different cite intervenes
Short Citation, cont.
• Additional Formats: (see 13-15 in BB)
– Kaupp, 538 U.S. at 629
– 538 U.S. at 629
Star Pagination
• Pagination in online versions of case is
indicated by * (referred to as “star”)
• The stars appear throughout the
document:
* Page 631 of
U.S. starts here
– Kaupp was arrested within the *631 meaning of the Fourth
Amendment, there being evidence of every one of the probative
circumstances mentioned
–
** Page 1847 of S.
Ct. starts here
– authorization to **1847 be
Placement Options
• Citation sentence.
• Citation clause.
• Embedded citation.
• .
Citation Sentence
•
Reasonable doubt is that doubt which
would cause the court to waver on its
certainty of the defendant’s guilt. Avila v.
State, 745 So. 2d 983, 985 (Fla. 4th Dist.
App. 4th 1999).
Citation Clause
The Court has observed that employers
and unions must have significant
freedom in creating seniority systems,
Cal. Brewers Assn. v. Bryant, 444 U.S.
598, 608 (1980), but this freedom is not
unlimited, Nashville Gas Co. v. Satty,
434 U.S. 135, 140 (1977).
Another Citation Clause
• False imprisonment is a general intent
crime, State v. Graham, 468 So. 2d
270, 271 (Fla. 2d Dist. App. 1985);
therefore, if Murphy is found to have
falsely imprisoned Trainor, the intent
element will be satisfied.
Embedded Citations
In Meritor Savings Bank v. Vinson,
477 U.S. 57, 66 (1986), the Court
indicated that a plaintiff can establish
a claim by showing that the
harassment created a “hostile or
abusive work environment.”
Quotations—a few notes
• Omissions = ellipsis (^.^.^.^)
• Alterations = brackets
– The becomes [t]he
– states becomes state[d] or state[]
• Block indents
– The cite is not part of the block indent
Short Quotations:
• If a quotation is less than fifty words or is
no longer than four lines of text, place
the quotation in double quotation marks,
but do not set if off from the text.
Short Quotations and Punctuation:
• Place periods and commas inside the quotation
marks – even if they are not part of the original
quotation.
• Place all other punctuation outside of the
quotation marks unless the punctuation is part
of the original quotation.
– These rules also apply to quotations within
quotations.
Longer Quotations:
• If a quotation is fifty words or more or is
longer than four lines of text, it should be
block-indented and single-spaced.
– Do not use quotation marks at the beginning
or the end of the block quotation.
• Exception: Quotation within a quotation
– The block quote should be separated from text
(above and below) by a double space.
– The indentation should be one tab on both the
right and the left.
Longer Quotations
• Retain the paragraphing of the original source.
– If the quotation starts with a sentence found in
the middle of a paragraph in the original
source, do not indent a second tab.
– If the quotation starts with the first sentence of
a paragraph in the original source, indent a
second tab on the left side.
– If multiple paragraphs are quoted, every time
the first sentence in each new paragraph of
the original is cited, indent a second tab on
the left side.
Quotations within Quotations:
• Short Quotations
– Use single quotation marks to designate
a quotation within a quotation in a short
quotation.
• “The court held that the defendant
was ‘completely out of order.’”
Quotations within Quotations
• Longer Quotations
– Use double quotation marks to designate a quotation
within a quotation in a block indented quotation.
• The court held that the unruly defendant was
“completely out of order” when the defendant
banged his fists on the table and yelled several
obscenities in the jury’s direction. Because of the
defendant’s conduct, and refusal to stop when
asked, the court held the defendant in criminal
contempt of court.
However . . .
• If the original source does not appear
within the quoted material, you must
identify it in an explanatory parenthetical
following the main citation.
Example: Quoting/Citing from a
quoted source
• The Court then reversed, stating, “In this
case, . . . petitioner’s right to counsel, a
‘specific federal right,’ is being denied
anew.” Burgett v. Tex., 389 U.S. 109, 116
(1967) (quoting Spencer v. Tex., 385 U.S.
554, 565 (1966)).