Citation signal


In law, a citation or introductory signal is a set of phrases or words used to clarify the authority of a legal citation as it relates to a proposition. It is used in citations to present authorities and indicate how those authorities relate to propositions in statements. Legal writers use citation signals to tell readers how the citations support their propositions, organizing citations in a hierarchy of importance so the reader can quickly determine the relative weight of a citation. Citation signals help a reader to discern meaning or usefulness of a reference when the reference itself provides inadequate information.
Citation signals have different meanings in different U.S. citation-style systems. The two most prominent citation manuals are The Bluebook: A Uniform System of Citation and the ALWD Citation Manual. Some state-specific style manuals also provide guidance on legal citation. The Bluebook citation system is the most comprehensive and the most widely used system by courts, law firms and law reviews.

Use

Most citation signals are placed in front of the citation to which they apply. In the paragraph
When writing a legal argument, it is important to refer to primary sources. To assist readers in locating these sources, it is desirable to use a standardized citation format. See generally Harvard Law Review Association, The Bluebook: A Uniform System of Citation. Note, however, that some courts may require any legal papers that are submitted to them to conform to a different citation format.

the signal is "see generally", which indicates that The Bluebook: A Uniform System of Citation provides background information on the topic.

Signals indicating support

No signal

When writers do not signal a citation, the cited authority states the proposition, is the source of the cited quotation or identifies an authority referred to in the text; for example,
a court points out that "the proper role of the trial and appellate courts in the federal system in reviewing the size of jury verdicts is a matter of federal law" or "Bilida was prosecuted in state court for the misdemeanor offense of possessing the raccoon without a permit".

''e.g.''

This signal, an abbreviation of the Latin exempli gratia, means "for example". It tells the reader that the citation supports the proposition; although other authorities also support the proposition, their citation may not be useful or necessary. This signal may be used in combination with other signals, preceded by an italicized comma. The comma after e.g., is not italicized when attached to another signal at the end, but is italicized when e.g. appears alone. Examples: Parties challenging state abortion laws have sharply disputed in some courts the contention that a purpose of these laws, when enacted, was to protect prenatal life. See, e.g., Abele v. Markle, 342 F. Supp. 800, appeal docketed, No. 72-56. Unfortunately, hiring undocumented laborers is a widespread industry practice. E.g., Transamerica Ins. Co. v. Bellefonte Ins. Co., 548 F. Supp. 1329, 1331.

Accord

"Accord" is used when two or more sources state or support the proposition, but the text quotes only one; the other sources are then introduced by "accord". Legal writers often use accord to indicate that the law of one jurisdiction is in accord with that of another jurisdiction. Examples: "ervousness alone does not justify extended detention and questioning about matters not related to the stop." United States v. Chavez-Valenzuela, 268 F.3d 719,725 ; accord United States v. Beck, 140 F.3d 1129, 1139 ; United States v. Wood, 106 F.3d 942, 248 ; United States v. Tapia, 912 F.2d 1367, 1370. "... The term 'Fifth Amendment' in the context of our time is commonly regarded as being synonymous with the privilege against self-incrimination". Quinn v. United States, 349 U.S. 155, 163, 75 S. Ct. 668, 99 L. Ed. 964 ; accord In re Johnny V., 85 Cal. App. 3d 120, 149 Cal.Rptr. 180, 184, 188 .

See

"See" indicates that the cited authority supports, but does not directly state, the proposition given. Used similarly to no signal, to indicate that the proposition follows from the cited authority. It may also be used to refer to a cited authority which supports the proposition. For example, before 1997 the IDEA was silent on the subject of private school reimbursement, but courts had granted such reimbursement as "appropriate" relief under principles of equity pursuant to 20 U.S.C. § 1415. See Burlington, 471 U.S. at 370, 105 S.Ct. 1996 ; 20 U.S.C. § 1415.

''Cf.''

From the Latin confer, this signals that a cited proposition differs from the main proposition but is sufficiently analogous to lend support. An explanatory parenthetical note is recommended to clarify the citation's relevance. For example, it is precisely this kind of conjecture and hair-splitting that the Supreme Court wanted to avoid when it fashioned the bright-line rule in Miranda. Cf. Davis, 512 U.S. at 461.

Signal indicating background material

See generally

This signal indicates that the cited authority presents background material relevant to the proposition. Legal scholars generally encourage the use of parenthetical explanations of the source material's relevance following each authority using "see generally", and this signal can be used with primary and secondary sources. For example, it is a form of "discrimination" because the complainant is being subjected to differential treatment. See generally Olmstead v. L. C., 527 U.S. 581, 614, 144 L. Ed. 2d 540, 119 S. Ct. 2176 .

Signals indicating contradiction

''Contra''

This signals that the cited authority directly contradicts a given point. Contra is used where no signal would be used for support. For example: "Before Blakely, courts around the country had found that 'statutory minimum' was the maximum sentence allowed by law for the crime, rather than the maximum standard range sentence. See, e.g., State v. Gore, 143 Wash. 2d 288, 313-14, 21 P.3d 262, overruled by State v. Hughes, 154 Wash. 2d 118, 110 P.3d 192. Contra Blakely, 124 S. Ct. at 2536-37."

But see

The cited authority contradicts the stated proposition, directly or implicitly. "But see" is used in opposition where "see" is used for support. For example: "Specifically, under Roberts, there may have been cases in which courts erroneously determined that testimonial statements were reliable. But see Bockting v. Bayer, 418 F.3d at 1058."

''But cf.''

The cited authority contradicts the stated proposition by analogy; a parenthetical explanation of the source's relevance is recommended. For example: But cf. 995 F.2d, at 1137.
"But" should be omitted from "but see" and "but cf." when the signal follows another negative signal: Contra Blake v. Kiline, 612 F.2d 718, 723-24 ; see CHARLES ALAN WRIGHT, LAW OF FEDERAL COURTS 48.

Signals indicating comparison

Compare

This signal compares two or more authorities who reach different outcomes for a stated proposition. Because the relevance of the comparison may not be readily apparent to the reader, The Bluebook recommends adding a parenthetical explanation after each authority. Either "compare" or "with" may be followed by more than one source, using "and" between each. Legal writers italicize "compare", "with" and "and". "Compare" is used with "with", with the "with" preceded by a comma. If "and" is used, it is also be preceded by a comma. For example: To characterize the first element as a "distortion", however, requires the concurrence to second-guess the way in which the state court resolved a plain conflict in the language of different statutes. Compare Fla. Stat. 102.166 , with 102.111 ; compare 102.112, with 102.111.

Signals as verbs

In footnotes, signals may function as verbs in sentences; this allows material which would otherwise be included in a parenthetical explanation to be integrated. When used in this manner, signals should not be italicized. See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. Pa. L. Rev. 1181, 1204-07 becomes: See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. Pa. L. Rev. 1181, 1204-07, for a discussion of restorative justice as a reasonable replacement for retributive sanctions. "Cf." becomes "compare" and "e.g." becomes "for example" when the signals are used as verbs.

Formatting

Capitalization

The first letter of a signal should be capitalized when it begins a citation sentence. If it is in a citation clause or sentence, it should not be capitalized.

Placement and typeface

One space should separate an introductory signal from the rest of the citation, with no punctuation between. For example, See American Trucking Associations v. United States EPA, 195 F.3d 4.
Do not italicize a signal used as a verb; for example, for a discussion of the Environmental Protection Agency's failure to interpret a statute to provide intelligible principles, see American Trucking Associations v. United States EPA, 195 F.3d 4.

Order

When one or more signals are used, the signals should appear in the following order:
When multiple signals are used, they must be consistent with this order. Signals of the same basic type - supportive, comparative, contradictory or background - are strung together in a single citation sentence, separated by semicolons. Signals of different types should be grouped in different citation sentences. For example:
"See Mass. Bd. of Ret. v. Murgia, 427 U.S. 307 ; cf. Palmer v. Ticcione, 433 F.Supp. 653 . But see Gault v. Garrison, 569 F.2d 993 . See generally Comment, O’Neill v. Baine: Application of Middle-Level Scrutiny to Old-Age Classifications, 127 U. Pa. L. Rev. 798 ."
When e.g. is combined with another signal, the placement of the combined signal is determined by the non-e.g. signal; the combined signal "see, e.g." should be placed where the "see" signal would normally be. In a citation clause, citation strings may contain different types of signals; these signals are separated by semicolons.

Order of authorities

Authorities in a signal are separated by semicolons. If an authority is more helpful or authoritative than others cited in a signal, it should precede them. Otherwise, authorities are cited in the following order:
  1. Federal
  2. State
  3. Foreign
  4. Foundation documents of the United Nations, the League of Nations and the European Union. Constitutions of the same jurisdiction are cited in reverse chronological order.
  1. Federal: Statutes in U.S.C., U.S.C.A., or U.S.C.S.; other statutes currently in force, by reverse chronological order of enactment; rules of evidence and procedure and repealed statutes
  2. State : Statutes in the current code, by order in the code; statutes in force but not in the current code, by order in the code; rules of evidence and procedure, and repealed statutes
  3. Foreign : Codes or statutes in the current code, by order in the code; statutes in force but not in the current code, by reverse chronological order of enactment, and repealed statutes
  4. Treaties and other international agreements, other than the foundation documents of the UN, League of Nations, and the EU: cite in reverse chronological order.
  1. Federal:
  2. #Supreme Court
  3. #Court of Appeals, Emergency Court of Appeals and Temporary Emergency Court of Appeals
  4. #Court of Claims, Court of Customs and Patent Appeals and bankruptcy appeals panels
  5. #District courts, Judicial Panel on Multidistrict Litigation and Court of International Trade
  6. #District bankruptcy courts and the Railroad Reorganization Court
  7. #Court of Federal Claims, Court of Appeals for the Armed Forces, and Tax Court
  8. #Administrative agencies, alphabetically by agency
  9. State
  10. #Courts, alphabetically by state and then by rank within each state
  11. #Agencies, alphabetically by state and then alphabetically by agency within states
  12. Foreign
  13. #Courts, alphabetically by jurisdiction and then by rank within each jurisdiction
  14. #Agencies, alphabetically by jurisdiction and then alphabetically by agency within each jurisdiction
  15. International
  16. #International Court of Justice, Permanent Court of International Justice
  17. #Other international tribunals and arbitration panels, alphabetically by name
Parentheticals, as needed, explain the relevance of an authority to the proposition in the text. Parenthetical information is recommended when the relevance of a cited authority might not otherwise be clear to the reader. Explanatory information takes the form of a present-participle phrase, a quoted sentence or a short statement appropriate in context. Unlike the other signals, it immediately follows the full citation. Usually brief, it quickly explains how the citation supports or disagrees with the proposition. For example: Brown v. Board of Education, 347 U.S. 483 .

Phrases not quoting an authority

Explanatory parenthetical phrases not directly quoting the authority usually begin with a present participle and should not begin with a capital letter: See generally John Copeland Nagle & J.B. Ruhl, The Law of Biodiversity and Ecosystem Management 227-45 . When a complete participial phrase is unnecessary in context, a shorter parenthetical may be substituted:
Such standards have been adopted to address a variety of environmental problems. See, e.g., H.B. Jacobini, The New International Sanitary Regulations, 46 Am. J. INT'L L. 727, 727-28 ; Robert L. Meyer, Travaux Preparatoires for the UNESCO World Heritage Convention, 2 EARTH L.J. 45, 45-81.

Phrases quoting an authority

If the parenthetical quotes one or more full sentences, it begins with a capital letter and ends with punctuation: See Committee Note to Interim Rule 8001 provides that entry of a certification on the docket does not occur until an effective appeal is taken under Rule 8003 or. Insert a space before the opening parenthesis of the explanatory parenthetical. If the parenthetical does not contain a complete sentence, the writer should not place final punctuation inside it.
Place a parenthetical included as part of a citation before an explanatory parenthetical:
Fed. R. Civ. P. 30 . Shorter parenthetical phrases may be used if a complete participial phrase is unnecessary in the context of the citation: The Florida Supreme court recently declared that “where the seller of a home knows facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Johnson v. Davis, 480 So. 2d 625, 629 . If a source directly quotes or supports an argument, no parenthetical is necessary.

Order in a citation

If a cited case has subsequent history or other relevant authority, it follows the parenthetical: Anderson v. Terhune, 467 F.3d 1208 , reh'g en banc granted, 486 F.3d 1115.

Internal cross-references

Portions of text, footnotes, and groups of authorities within the piece are cited with supra or infra. Supra refers to material already in the piece, and infra to material appearing later in the piece. "Note" and "Part" refer to footnotes and parts in the same piece; "p." and "pp." are used to refer to other pages in the same piece. These abbreviations should be used sparingly to avoid repeating a lengthy footnote or to cross-reference a nearby footnote.