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Introduction to Basic Legal Citation - access-to-law home

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§ 1-200. Purposes of <strong>Legal</strong> <strong>Citation</strong><br />

Contents | Index | Help | < | ><br />

What is "legal citation"? It is a standard language that allows one writer <strong>to</strong> refer <strong>to</strong> legal<br />

authorities with sufficient precision and generality that others can follow the<br />

references. Because writing by <strong>law</strong>yers and judges is so dependent on such references, it is a<br />

language of abbreviations and special terms. While this encryption creates difficulty for lay<br />

readers, it achieves a dramatic reduction in the space consumed by the, often numerous,<br />

references. As you become an experienced reader of <strong>law</strong> writing, you will learn <strong>to</strong> follow a<br />

line of argument straight through the many citations embedded in it. Even so, citations are a<br />

bother until the reader wishes <strong>to</strong> follow one. The fundamental tradeoff that underlies any<br />

citation scheme is one between providing full information about the referenced work and<br />

keeping the text as uncluttered as possible. Standard abbreviations and codes help achieve a<br />

reasonable compromise of these competing interests.<br />

A reference properly written in "legal citation" strives <strong>to</strong> do at least three things, within<br />

limited space:<br />

• identify the document and document part <strong>to</strong> which the writer is referring<br />

• provide the reader with sufficient information <strong>to</strong> find the document or document part<br />

in the sources the reader has available (which may or may not be the same sources as<br />

those used by the writer), and<br />

• furnish important additional information about the referenced material and its<br />

connection <strong>to</strong> the writer's argument <strong>to</strong> assist readers in deciding whether or not <strong>to</strong><br />

pursue the reference.<br />

Consider the following illustration of the problem faced and the tradeoff struck by "legal<br />

citation." In 1989, the Supreme Court decided an important copyright case. There are<br />

countless sources of the full text opinion. One is LexisNexis, where the following appears<br />

prior <strong>to</strong> the opinion. If a <strong>law</strong>yer, wanting <strong>to</strong> refer <strong>to</strong> all or part of that opinion, were <strong>to</strong> include<br />

all the identifying material shown in LexisNexis in her brief (with a similar amount of<br />

identifying material for other authorities) there would be little room for anything else. Readers<br />

of such a brief would have an impossible time following lines of argument past the massive<br />

interruptions of citation.<br />

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