Another Word For It Patrick Durusau on Topic Maps and Semantic Diversity

November 2, 2014

Introduction to Basic Legal Citation (online ed. 2014)

Filed under: Identifiers,Law,Law - Sources,Legal Informatics — Patrick Durusau @ 7:34 pm

Introduction to Basic Legal Citation (online ed. 2014) by Peter W. Martin.

From the post:

This work first appeared in 1993. It was most recently revised in the fall of 2014 following a thorough review of the actual citation practices of judges and lawyers, the relevant rules of appellate practice of federal and state courts, and the latest edition of the ALWD Guide to Legal Citation, released earlier in the year. As has been true of all editions released since 2010, it is indexed to both the ALWD guide and the nineteenth edition of The Bluebook. However, it also documents the many respects in which contemporary legal writing, very often following guidelines set out in court rules, diverges from the citation formats specified by those academic texts.

The content of this guide is also available in three different e-book formats: 1) a pdf version that can be printed out in whole or part and also used with hyperlink navigation on an iPad or other tablet, indeed, on any computer; 2) a version designed specifically for use on the full range of Kindles as well as other readers or apps using the Mobi format; and 3) a version in ePub format for the Nook and other readers or apps that work with it. To access any of them, click here. (Over 50,000 copies of the 2013 edition were downloaded.)

Since the guide is online, its further revision is not tied to a rigid publication cycle. Any user seeing a need for clarification, correction, or other improvement is encouraged to “speak up.” 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? Comments of these and other kinds can sent by email addressed to peter.martin@cornell.edu. (Please include “Citation” in the subject line.) Many of the features and some of the coverage of this reference are the direct result of past user questions and advice.

A complementary series of video tutorials offers a quick start introduction to citation of the major categories of legal sources. They may also be useful for review. Currently, the following are available:

  1. Citing Judicial Opinions … in Brief (8.5 minutes)
  2. Citing Constitutional and Statutory Provisions … in Brief (14 minutes)
  3. Citing Agency Material … in Brief (12 minutes)

Finally, for those with an interest in current issues of citation practice, policy, and instruction, there is a companion blog, “Citing Legally,” at: http://citeblog.access-to-law.com.

Obviously legal citations are identifiers but Peter helpfully expands on the uses of legal citations:

A reference properly written in “legal citation” strives to do at least three things, within limited space:

  • identify the document and document part to which the writer is referring
  • provide the reader with sufficient information to find the document or document part in the sources the reader has available (which may or may not be the same sources as those used by the writer), and
  • 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.

I would quibble with Peter’s description of a legal citation “identif[ing] a document or document part,” in part because of his second point, that a reader can find an alternative source for the document.

To me it is easier to say that legal citation identifies a legal decision, legislation or agency decision/rule, which may be reported by any number of sources. Some sources have their own unique references systems that are mapped to other systems. Making a legal decision, legislation or agency decision/rule an abstraction identified by the citation, avoids confusion with a particular source.

A must read for law students, practitioners, judges and potential inventors of the Nth citation system for legal materials.

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