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

More documents

Recommendations

Info

• North Carolina [Cases] [Statutes] [Regulations] [Examples and Rules] • North Dakota [Cases] [Statutes] [Regulations] [Examples and Rules] • Ohio [Cases] [Statutes] [Regulations] [Examples and Rules] • Oklahoma [Cases] [Statutes] [Regulations] [Examples and Rules] • Oregon [Cases] [Statutes] [Regulations] [Examples and Rules] • Pennsylvania [Cases] [Statutes] [Regulations] [Examples and Rules] • Rhode Island [Cases] [Statutes] [Regulations] [Examples and Rules] • South Carolina [Cases] [Statutes] [Regulations] [Examples and Rules] • South Dakota [Cases] [Statutes] [Regulations] [Examples and Rules] • Tennessee [Cases] [Statutes] [Regulations] [Examples and Rules] • Texas [Cases] [Statutes] [Regulations] [Examples and Rules] • Utah [Cases] [Statutes] [Regulations] [Examples and Rules] • Vermont [Cases] [Statutes] [Regulations] [Examples and Rules] • Virginia [Cases] [Statutes] [Regulations] [Examples and Rules] • Washington [Cases] [Statutes] [Regulations] [Examples and Rules] • West Virginia [Cases] [Statutes] [Regulations] [Examples and Rules] • Wisconsin [Cases] [Statutes] [Regulations] [Examples and Rules] • Wyoming [Cases] [Statutes] [Regulations] [Examples and Rules] Alabama: Supreme Court citation practice | Citation rule(s) 156 Contents | Index | Help | < | > Examples from Ex parte Beverly Enterprises-Alabama, Inc., 812 So. 2d 1189 (Ala. 2001) . . . . The Alabama Administrative Code prescribes 18 different standards for the CON Review Board to use when applicants are competing for available beds. See Ala. Admin. Code (State Health Planning and Development Agency), Rule 410-1-6-.01 through .18. The CON Review Board subsequently voted 4-3 to award all 72 beds to Mercy. Beverly appealed this decision to an FHO, asserting that the CON Review Board had made substantial errors of fact and law, had violated fixed standards, had failed to apply the correct criteria, and had acted in an arbitrary and capricious manner. . . . . The Court of Civil Appeals affirmed the judgment of the circuit court, without an opinion. In its petition for certiorari review, Beverly claims that the holding of the Court of Civil Appeals conflicts with that of Forest Manor, Inc. v. State Health Planning & Development Agency, 723 So. 2d 75 (Ala.Civ.App. 1998), in two areas. It argues (1) that the opinion of the Court of Civil Appeals conflicted with its holding in Forest Manor that the CON Review Board's wrongful application of its review criteria renders the decision arbitrary, and (2) that the decision by the Court of Civil Appeals to reinstate the CON Review Board's original award deviated from the scope of review set forth in Forest Manor.
The standard of judicial review applied to rulings of administrative agencies differs from that applied to rulings of trial courts. An appellate court will affirm a ruling of a lower court if there is any valid reason to do so, even a reason not presented to -- or rejected by -- the lower court. See McKenzie Methane Corp. v. M-W Drilling, Inc., 653 So. 2d 982, 984 (Ala. 1995). See also Smith v. Equifax Servs., Inc., 537 So. 2d 463 (Ala. 1988). . . . In Forest Manor, the main dispute centered on which entity was entitled to the presumption of correctness on appeal -- the CON Review Board or the FHO. The Court of Civil Appeals properly resolved the dispute in that case in favor of the FHO: "Thus, because the FHO's order (and not the CONRB's order) is the final agency decision to which a presumption of correctness applies, we must determine whether his conclusions … were themselves 'arbitrary, capricious, or [contrary to] applicable law.'" Forest Manor, 723 So. 2d at 80. See also, Ala. Administrative Code, Rule 410-1-8-.26. "The agency order shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact …." § 41-22- 20(k), Ala. Code 1975. "The decision ofthe fair hearing officer is the final decision of the Board." Alacare Home Health Servs., Inc. v. Baptist Hosp. of Gadsden, Inc., 655 So. 2d 995, 996 (Ala.Civ.App. 1994). . . . . Before the trial court's denial of the motion to dismiss, there had been instructive, but nonbinding, revenue rulings issued by the Alabama Department of Revenue; those rulings indicate that the rental tax could be billed to or passed on to the lessee as a tax or as an additional cost of the lease. Ala. Admin. Code (Dep't of Rev.), chapter 810-6-5-.09 ("Leasing and Rental of Tangible Personal Property"). . . . . Ala. R. App. P. 28, http://judicial.alabama.gov/library/rules/ap28.pdf. (a) Brief of the Appellant/Petitioner. The brief of the appellant or the petitioner, if a petition for a writ of certiorari is granted and the writ issues, shall comply with the form requirements of Rule 32. In addition, the brief of the appellant or the petitioner shall contain under appropriate headings and in the order here indicated: . . . . (10) Argument. An argument containing the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on. Citations of authority shall comply with the rules of citation in the latest edition of either The Bluebook: A Uniform System of Citation or ALWD [Association of Legal Writing Directors] Citation Manual: A Professional System of Citation or shall otherwise comply with the style and form used in opinions of the Supreme 157
Page 2 and 3:
Introduction to BASIC LEGAL CITATIO
Page 4 and 5:
� § 2-455. Agency Adjudication C
Page 6 and 7:
o § 6-300. Signals o § 6-400. Ord
Page 8 and 9:
work is filled with linked cross re
Page 10 and 11:
have been altered by its editors to
Page 12 and 13:
COMMUNITY FOR CREATIVE NON-VIOLENCE
Page 14 and 15:
Appeals and those for the U.S. Dist
Page 16 and 17:
While the formats and other details
Page 18 and 19:
§ 2-000. HOW TO CITE ... Contents
Page 20 and 21:
¡But see § 2-115(2)! Where no uni
Page 22 and 23:
§ 2-200. How to Cite Judicial Opin
Page 24 and 25:
§ 2-210(c) Examples - Czapinski v.
Page 26 and 27:
§ 2-220(2) Examples - Flamme v. Wo
Page 28 and 29:
sequential number assigned by the C
Page 30 and 31:
§ 2-250. Citing Unpublished Cases
Page 32 and 33:
electronic compilations are in gene
Page 34 and 35:
§ 2-330. Statute Citations - Condi
Page 36 and 37:
what turns out to have been a short
Page 38 and 39:
§ 2-340(2) Example - Social Securi
Page 40 and 41:
Element (b) - So long as there are
Page 42 and 43:
egulations. If the regulation is to
Page 44 and 45:
Element (b) - The order or proclama
Page 46 and 47:
§ 2-490(2) Examples - Authority Un
Page 48 and 49:
§ 2-600. How to Cite Court Rules -
Page 50 and 51:
Point 2: The Bluebook and the ALWD
Page 52 and 53:
Principle: The components of a jour
Page 54 and 55:
§ 2-820. Journal Article Citations
Page 56 and 57:
§ 2-820(5) Examples - John D. Feer
Page 58 and 59:
§ 2-900. How to Cite Documents fro
Page 60 and 61:
• Bankruptcy Courts and Bankruptc
Page 62 and 63:
• Navajo Freight Lines v. Bibb, 1
Page 64 and 65:
Arkansas • Whiteside v. Russellvi
Page 66 and 67:
Delaware • Reagan v. Del. Ass'n o
Page 68 and 69:
Indiana • Slater v. Akron Exch. S
Page 70 and 71:
Maryland • Three Garden Vill. Ltd
Page 72 and 73:
Missouri • Lewis v. St. Louis Ind
Page 74 and 75:
New York • Anderson v. Rehab. Pro
Page 76 and 77:
Oklahoma • Oliver v. Farmers Ins.
Page 78 and 79:
South Dakota • Jansen v. Lemmon F
Page 80 and 81:
Washington • State v. Heddrick, 1
Page 82 and 83:
§ 3-220. Case Citations - Variants
Page 84 and 85:
§ 3-320. Statute Citations - Most
Page 86 and 87:
Arkansas • Ark. Code § 4-1-101 (
Page 88 and 89:
Delaware • Del. Code tit. 6, § 1
Page 90 and 91:
Idaho • Idaho Code Ann. § 28-1-1
Page 92 and 93:
Kansas • an. Stat. Ann. § 84-1-1
Page 94 and 95:
Massachusetts • Mass. Gen. Laws c
Page 96 and 97:
Nebraska • Neb. Rev. Stat. § 2-1
Page 98 and 99:
New York • N.Y. U.C.C. Law § 1-1
Page 100 and 101:
Oregon • Or. Rev. Stat. § 71.101
Page 102 and 103:
Texas • Tex. Bus. & Com. Code §
Page 104 and 105:
West Virginia • W. Va. Code § 46
Page 106 and 107:
Model Bus. Corp. Act § 10.01 (2002
Page 108 and 109:
Alabama Alaska • Ala. Admin. Code
Page 110 and 111:
Idaho • Idaho Admin. Code r. 07.0
Page 112 and 113:
Massachusetts • 105 Code Mass. Ru
Page 114 and 115: New Mexico • N.M. Admin. Code §
Page 116 and 117: South Dakota • Admin. R. S.D. 5:0
Page 118 and 119: Wyoming • 025-220-001 Code Wyo. R
Page 120 and 121: § 3-500. Arbitration Decisions Ill
Page 122 and 123: § 3-724. Annotations Illustrations
Page 124 and 125: Additional Examples Christopher M.
Page 126 and 127: § 4-000. ABBREVIATIONS AND OMISSIO
Page 128 and 129: F-L • Distributor or Distributing
Page 130 and 131: S T-Z • Railway - Ry. «e.g.»
Page 132 and 133: § 4-300(3) Examples - Buenz v. Fro
Page 134 and 135: § 4-300(9) Examples - Glen v. Sewe
Page 136 and 137: • Maine - Me. «e.g.» • Maryla
Page 138 and 139: § 4-800. Spacing between Abbreviat
Page 140 and 141: § 5-000. UNDERLINING AND ITALICS [
Page 142 and 143: § 6-000. PLACING CITATIONS IN CONT
Page 144 and 145: ecommended. The word "but" is omitt
Page 146 and 147: § 6-520. Short Form Citations - Ca
Page 148 and 149: Full Citation 42 U.S.C. § 405(c)(2
Page 150 and 151: § 6-560. Short Form Citations - Jo
Page 152 and 153: Grand Central Station or the waitin
Page 154 and 155: § 7-000. CROSS REFERENCE TABLES §
Page 156 and 157: Case Name Abbreviations Rule 10.2.2
Page 158 and 159: • § 2-470. Agency Report Citatio
Page 160 and 161: § 7-400. Cross Reference Table: AL
Page 162 and 163: • § 4-500. Territorial Abbreviat
Page 166 and 167: Court of Alabama. Citations shall r
Page 168 and 169: Restatement (Second) of Contracts
Page 170 and 171: . . . . (7) Argument. Arguments sha
Page 172 and 173: California: Supreme Court citation
Page 174 and 175: Colo. C.J. Directive 12-01, http://
Page 176 and 177: Colorado Court of Appeals: Primary
Page 178 and 179: esult of the amendment, it was not
Page 180 and 181: D.C. Ct. App. R 28(g), http://www.d
Page 182 and 183: (3) For opinions not published in F
Page 184 and 185: (o) Case Names. Case names shall be
Page 186 and 187: 70 Haw. 206, 208, 767 P.2d 1238, 12
Page 188 and 189: . . . . Where, as here, the languag
Page 190 and 191: Ind. R. App. P. 22, http://www.in.g
Page 192 and 193: E. Abbreviations. The following abb
Page 194 and 195: (3) Citations to all other authorit
Page 196 and 197: All citations of Kentucky Statutes
Page 198 and 199: B. These rules shall apply to all p
Page 200 and 201: [This order and all others of its v
Page 202 and 203: (1) A table of contents and a table
Page 204 and 205: specific terms, the general term is
Page 206 and 207: Note: The full order sets out a com
Page 208 and 209: (ii) for cases decided from and aft
Page 210 and 211: P.3d 603 (citing Mont. Const. art.
Page 212 and 213: THEREFORE, IT IS ORDERED that, effe
Page 214 and 215:
. . . . Our decision finds support
Page 216 and 217:
New Jersey: Supreme Court citation
Page 218 and 219:
New Mexico: Supreme Court citation
Page 220 and 221:
New York: Court of Appeals citation
Page 222 and 223:
ules which are more strict when the
Page 224 and 225:
EXPLANATORY NOTE Rule 11.6 was adop
Page 226 and 227:
Ohio Sup. Ct. R. for the Reporting
Page 228 and 229:
the duties of the Department, Okla.
Page 230 and 231:
Supreme Court, " 9" is paragraph nu
Page 232 and 233:
paragraph number 9 of the opinion a
Page 234 and 235:
(3) an index of all authorities ref
Page 236 and 237:
municipal ordinances; however, a to
Page 238 and 239:
(2) Statutes which have not yet bee
Page 240 and 241:
• Speers o 17 S.C. Eq. (Speers Eq
Page 242 and 243:
• Riley o 22 S.C.L. (Ril.) • Du
Page 244 and 245:
citation in the table of cases in a
Page 246 and 247:
The El Paso Hospital District opera
Page 248 and 249:
Menzies should be allowed to supple
Page 250 and 251:
After publication in Pacific Report
Page 252 and 253:
Virginia: Supreme Court citation pr
Page 254 and 255:
. . . . 14 The Department argues th
Page 256 and 257:
Wisconsin: Supreme Court citation p
Page 258 and 259:
Smith v. Jones, 214 Wis. 2d 408, 41
Page 260 and 261:
(5) In the case of opinions or subs
Page 262 and 263:
TOPICAL INDEX Contents | Index | He
Page 264 and 265:
C Case citations (see also Dates, O
Page 266 and 267:
D E Courts federal citation example
Page 268 and 269:
J L Initials in party names in book
Page 270 and 271:
Parenthetical references arbitratio
Page 272 and 273:
"See also" (see also Signals) "See
Page 274:
U V W Y Underlining or italics Unif
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?