Transcript 2002.finalbbookclas

The Last Day of Bluebooking
Citation Signals
BLUEBOOK RULE 1.2
–Citation Signals can be a short
form of case citation. They also
indicate the purpose for which a
source is cited.
–No signal indicates that the
citation is authority for the
proposition of law stated.
The Form of Citation Signals
ä
Signals are always underscored or italicized
when they appear in citation sentences.
(P1(c)).
ä
There are supportive, comparative,
contradictory, and background signals. Rule
1.3. (See, see also, compare …with, etc.)
Citations Indicating
Support
ä
“See” indicates support and should be used if the
proposition o f law obviously flows from the
source.
ä
States have required defendants to prove both
insanity and self-defense. See State v. Caryl, 543
P.2d 389, 390 (Mont. 1975); State v. Hinson, 172
S.E.2d 548, 551 (S.C. 1970).
Citations Indicating Support
ä
“See also” is used for an additional source which
supports the proposition and where the sources
which directly state or support the proposition
have already been discussed. A parenthetical
should explain the relevance of the source.
ä
It was clear from all the following cases that a
kitchen tool is not a dangerous instrument.. See
also, Ronko v. Bond, 9 F.3d 2, 9 (2d Cir. 1993)
(Salad shooter held not to be a dangerous
instrument).
Quotations; Rule 5.1
ä
Heavy reliance on quotations is often a
sign of inadequate analysis. You may
be able to put the idea in your
own words more effectively
and efficiently.
ä
You should not
quote a court’s
description of the facts.
Longer Quotations
ä Quotations
of fifty or
more words should be
indented left and right
without quotation marks.
ä Important
statutes or restatement
sections should also be “block
quoted.”
Quotations
ä
The citation for the block quote should not be
indented but should begin at the left margin of
the line immediately following the quotation
(see page 44 of the bluebook).
ä
Quotations of forty-nine or fewer words should
be enclosed in quotation marks but not set off
from the text. Use single marks for a quotation
within a quotation.
Punctuation in Quotations
ä
Always place commas and periods inside
the quotation marks.
ä
Place other punctuation marks inside the
quotation marks only if they are part of the
matter quoted. Semicolons and colons
otherwise go outside quotation marks.
Alterations in the Text;
Rule 5.2
Alterations in the Text;
Rule 5.2
ä
When a letter must be changed from upper
to lower case, or vice versa, enclose it in
[brackets]. Substituted words or letters
should also be bracketed .
ä
“[P]ublic confidence in the [adversary]
system depends upon disclosure.”
Alterations in the Text;
Rule 5.2
ä Indicate
in a parenthetical clause
after the citation any change of
emphasis or omission of citations.
ä
“The section applies to non
consumers as well.” Fuller v. Jones,
99 So. 2d 74, 88 (Ala. 1988)
(emphasis added).
Omissions in Text;
Rule 5.3
Omissions in Text;
Rule 5.3
ä When
using quoted language as a
phrase or clause, don’t indicate the
omission.
ä Extreme
and outrageous conduct is
“utterly intolerable in a civilized
society.” (Citation omitted).
Omissions in Text;
Rule 5.3
ä
When quoting language as a full sentence,
omission of words is indicated by the
insertion of an ellipsis, three periods
separated by spaces and set off by a space
before and after.
ä
“Liability in such a case as this one depends upon
. . . getting caught.” Seymour v. Butts, 106 So. 2d
175, 178 (Ala. 1980).
Omissions in Text;
Rule 5.3
When quoting language as a full sentence,
ellipses should never be used to begin a
quotation. Capitalize and bracket the first
letter if it is not already capitalized.
ä “[T]here is no duty to protect another
person from the violent propensities of a
third person.” (Citation omitted).
ä
Omissions in Text;
Rule 5.3
ä
When quoting language as a full sentence,
omission of the language at the end of a
quoted sentence should be indicated by an
ellipsis between the last word quoted and
the final punctuation of the sentence quoted.
ä
“Never count your chickens . . . .”
Writing Style Tips
1) Be clear and concise.
2) Use the active voice.
3) Avoid mangled modifiers.
4) Use proper punctuation.
Writing Style Tip #1
Write simplyBe Clear and
Concise.
Be clear and concise by
avoiding litter words
You can make your writing
more concise by eliminating
litter words, which are
unnecessary
prepositions,
articles or
other small
words.
Litter Words
Question every “of”
This type of obligation= this obligation
This court of appeals=the appellate court
Typically you can delete these:
The amount of
the existence of
The case of
the presence of
The concept of
the extent,degree of
Litter Words
Watch for other prepositions:
In the event of=if
For the purpose of=of
At this point in time=now
Previous to=before
In order to=to
For the reason that=because
In the nature of=like
Clarity and Conciseness #1
The company's failure to purchase insurance
breached the dismantling contract by failing to
comply with the obligation imposed by
paragraph G.
The company’s failure to purchase insurance
breached the dismantling contract by failing to
comply with paragraph G’s obligation.
Clarity and Conciseness #2
The commission went on to conclude that the
plaintiff should not have been in court at all.
The commission concluded that the plaintiff
should not have been in court.
Clarity and Conciseness #3
The purpose of this brief will be to examine
the Equal Rights Amendment as a positive
defense in an employment discrimination case.
This brief examines the Equal Rights
Amendment as a positive defense in an
employment discrimination case.
Clarity and Conciseness #4
Our client, Jones, will argue that the sales
price would have been taxable whether or not
the book was sold directly to the vendors or
the end consumer.
The sales price would have been taxable
whether or not the book was sold directly to
the vendors or the end consumer.
Writing Style Tip #2
Use the
Active
Voice
Identifying Active Voice
Active voice
The subject of the sentence is doing the
action described by the verb.
Example:
The judge overruled the objection.
Identifying Active Voice
Active voice
The subject of the sentence is doing the
action described by the verb.
Example
The judge overruled the objection.
(subject)
Identifying Active Voice
Active voice
The subject of the sentence is doing the
action described by the verb.
Example
The judge overruled the objection.
(subject)  (verb)
Identifying Active Voice
Active voice
The subject of the sentence is doing the
action described by the verb.
Example
The judge overruled the objection.
(subject)  (verb)
 (direct object)
Identifying Active Voice
Passive voice
The subject of the sentence is having the
action of the verb done to it.
Example
The objection was overruled by the judge.
Identifying Active Voice
Passive voice
The subject of the sentence is having the
action of the verb done to it.
Example
The objection was overruled by the judge.
(subject)
Identifying Active Voice
Passive voice
The subject of the sentence is having the
action of the verb done to it.
Example
The objection was overruled by the judge.
(subject)

(verb)
Why Active Voice Is Preferred
It is more concise.
It uses a more vigorous verb.
Examples:
The plaintiffs filed a complaint in the superior court.
A complaint was filed by the plaintiffs in superior
court.
(The auxiliary verb “was” and the preposition “by”
dilute the energy of “filed.”)
Why Active Voice Is Preferred
Active voice also allows information to be
processed more readily.
Which can you process faster?
The deposition must be offered into
evidence by the defendant’s attorney.
OR
The defendant’s attorney must offer the
deposition into evidence.
Effective Use of Passive Voice
1. Where the agent is unknown
(agent =person or thing performing the
action)
Example:
A portion of the tape was erased.
Effective Use of Passive Voice
2. To purposely obscure agency.
Example:
Toxic fumes were ventilated out of the
plant between 2:00 and 3:00 a.m.
Effective Use of Passive Voice
3.To emphasize the deed, rather than the
doer.
Examples:
A cure for Alzheimer’s disease has been
found.
All four defendants were convicted of
first degree murder.
Rewrite these sentences
in the active voice.
1. The idea that to prevent the dumping of toxic
waste was intended by the legislature was
focused on by the Montana court.
The Montana court focused on the idea that
the legislature intended to prevent the
dumping of toxic waste.
Rewrite these sentences
in the active voice.
2. Important particularities are stated in the
fourth amendment: the place to be searched
and the things to be seized must be stated in
the warrant.
The fourth amendment stipulates important
particularities: the warrant must state the place
to be searched and the things to be seized.
Rewrite these sentences
in the active voice.
3. A lawful business will not be enjoined
without a clear showing that it is
impossible or impractical to eliminate its
offensive features.
EFFECTIVE USE?
Doer is not as important as the deed if
you are explaining “injunctions.”
Rewrite these sentences
in the active voice.
4. For the next ten years, the easement was used
by all the landowners.
For the next ten years, all the landowners used the
easement.
Effective Use?
It depends. Effective if use of the easement is
important and the landowners are not. Otherwise,
active voice is more concise.
Nominalizations
Nominalization is the
practice of changing verbs
to nouns and as a result
burying the real action
of the sentence into the
noun (rather than the verb).
Nominalizations
Like the use of passive voice, the practice of
nominalization tends to make writing wordy
and lifeless.
Example (compare the verbs):
Our case is an illustration of this point.
Revised
Our case illustrates this point.
Nominalizations
Consider these examples:
Reached an agreement= agreed
Made a statement= stated
Perform a review= review
Make a recommendation= recommend
Supports an inference= infers
Made the assumption= assumed
Re-write the following sentences
The police conducted an investigation
into the matter.
The police investigated the matter.
Re-write the following sentences
The court found the landlord in violation
of the statute.
The court found the landlord violated the
statute.
Re-write the following sentences
We are in agreement with your argument
but if it is your intention to cause delay,
we will stand in opposition to your
motion.
We agree with your argument but if you
intend to cause delay, we will oppose
your motion.
Writing Style Tip #3
Don’t mangle
your modifiers
MANGLED MODIFIERS
 THREE TYPES
 Misplaced
modifiers
 Dangling modifiers
 Squinting modifiers
MISPLACED MODIFIERS

Rule: Keep modifiers close to the word
or words they modify.
 Frequent offenders:
 almost, also, even, ever, exactly, hardly,
just, merely, nearly, not, only, scarcely,
simply
MISPLACED MODIFIERS

Example:
 In Smith v. Jones, using land thirteen feet
west of their boundary, a patio was built
by the claimants.
MISPLACED MODIFIERS

Example:
 In Smith v. Jones, using land thirteen feet
west of their boundary, a patio was built
by the claimants.
MISPLACED MODIFIERS

Example:
 In Smith v.Jones, using land thirteen feet
west of their boundary, the claimants
built a patio.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, it
would seem that his claim to the property
was hostile.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, it
would seem that his claim to the property
was hostile.
DANGLING MODIFIERS

Rule: Do not leave your modifier
“dangling”--without a noun in the
sentence to modify.
 Example:
 Looking at Winfield’s acts alone, the
court may find that his claim to the
property was hostile.
SQUINTING MODIFIERS

Rule: Do not place your modifier where it
would appear to modify both the term that
precedes it and the term that follows it.

Example:
Since the bathhouse’s completion, the
Winfields have used it and the surrounding
land both during the summer and winter.

SQUINTING MODIFIERS

Rule: Do not place your modifier where it
would appear to modify both the term that
precedes it and the term that follows it.

Example:
Since the bathhouse’s completion, the
Winfields have used it and the surrounding
land both during the summer and winter.

SQUINTING MODIFIERS

Rule: Do not place your modifier where it
would appear to modify both the term that
precedes it and the term that follows it.

Example:
Since the bathhouse’s completion, the
Winfields have used both it and the
surrounding land during the summer and
winter.

SQUINTING MODIFIERS

Rule: Do not place your modifier where it
would appear to modify both the term that
precedes it and the term that follows it.

Example:
Since the bathhouse’s completion, the
Winfields have used it and the surrounding
land during both the summer and winter.

Rewrite the following sentences
1. For sale: Piano by man going to Europe
with carved legs.
Rewrite the following sentences
2. Jonathan is vice president of a
computer corporation in Chicago
earning approximately $800,000 a year.
Rewrite the following sentences
3. My client has discussed your proposal
to fill the drainage ditch with his
partners.
Writing Style Tip #4
Use Proper Punctuation:
See Hand-outs
Bluebook Champions
Section E “The Enforcers”
Section F “Hot Mommas”