Citation Guide - Appellate Advocacy Fall 2024
.docx
School
Texas A&M University**We aren't endorsed by this school
Course
LAW 602
Subject
Law
Date
Dec 18, 2024
Pages
13
Uploaded by DukeOwlPerson1280
Key Bluebook Rules for Appellate AdvocacyGENERALLYCapitalizationSeeRules B8 and R8 for guidance. In general:Capitalize “Court” when naming any court in full, when referring to the United States Supreme Court, or when referring to the court that will receive the letter, email, memorandum, or brief you are writing. For example:The Maroncourt held that where a dog scratched a child while playing, its vicious character is not established.The Minnesota Supreme Court concluded that a dog owner’s liability under the statute for a dog attack on a victim is absolute, subject to requirements of the statute and the defense of provocation.The Supreme Court has nine justices who serve for life andcan be removed only through impeachment.The Minnesota intermediate court has twenty judges.This Court should deny the motion for summary judgment.Capitalize “Appellant” and “Appellee” when referring to parties in the matter that is the subject of your document, but do not capitalize them when you are referring to parties in cited cases. Forexample:The Senogles court reversed the court of appeals and remanded to district court after determining the appellant was entitled to a trial.The Baileycourtheld the jury could have believed the plaintiff approached a growling dog, despite warnings about it and therefore found provocation existed. This Court should deny Appellant’s request for reversal.1
Omitting or Changing Words in a QuotationTo omit words in a quotation, use an ellipsis consisting of three periods separated by spaces and set off by a space before and after the last period. The ellipsis takes the place of the word or words omitted. SeeRule 5.3.To substitute letters or words in a quotation or to change their capitalization, use brackets. SeeRule 5.2.Examples:“[A] plaintiff-victim who voluntarily and unnecessarily provokes a dog …is not entitled to recover.”Section 169A.20 states that, “[i]t is a crime to drive while under theinfluence of alcohol.”Common AbbreviationsLook to The Bluebook’stables. You will use two in particular:T1 provides abbreviations for specific courts. T6 provides abbreviations for longer words often found in case 2
STATE AUTHORITYFull Citations to Published Cases The first mention of a published case requires a full citation. SeeRule B10. A full case citation to a published case requires: (1) the case name in italics, (2) reporter’s volume number, (3) an abbreviation of the reporter, (4) the page number where the case begins in the reporter, (5) the “pin cite” or precise page(s) where the material appears, and (6) a parenthetical that includes the month and year of publication and identifies the court.For example: Engquist v. Loyas, 803 N.W.2d 400, 406 (Minn. 2011)Engquist v. Loyas= case name803 = reporter’s volume numberN.W.2d = abbreviation for the North Western Reporter400 = page where the Engquistopinion begins406 = page where the cited material appearsMinn. = abbreviation for the Minnesota Supreme Court2011 = date Engquistwas publishedFull Citations to Unpublished CasesBecause unpublished cases are not precedential, they are cited in limitedcircumstances. If there is a published case that addresses your point, it should be used instead. As with a published case, the first case mention requires a full citation. SeeRule 10.8.1. A full citation to an unpublished case requires: (1) the case name in italics; (2) the abbreviation “No.” followed by the court-assigned docket number; (3) database identifier; (4) the word “at” followed by a pin cite to where the material appears; and (5) a parenthetical that includes the day, month, and year of publication.Because unpublished cases do not appear in bound volumes, Lexis and Westlaw assign page numbers for citation purposes, using asterisks [*] todo so.For example: Smith v. Holloman, No. A17-1795, 2018 WL 3421368, at *3-4 (Minn. Ct. App. July 16, 2018).Smithv. Holloman= case nameA17-1795= court-assigned docket number3
2018 WL 3421368= Westlaw database identifier*3-4 = pin citeMinn. Ct. App. = abbreviation for the Minnesota Court of AppealsNote that while a published case citation includes only the month and year of publication, an unpublished case citation includes the date, month, and year of publication. This makes it easier for both lawyers and non-lawyers to locate cases without paying for access to a commercial database.Parallel CitationsA parallel citation arises when a writer cites to more than one reporter. Look to Maron v. Marciniak, for an example. “205 N.W. 894” is the citation to a reporter called the North Western Reporter and is the required citation for Lawyering Local Rules. In contrast, “165 Minn. 156” is a parallel citation to the Minnesota Reporter, which ceased publication in 1977. The example below contains a “parallel citation” to the Minnesota Reporter:Maron v. Marciniak, 165 Minn. 156, 205 N.W. 894 (1925)Do not provide parallel citations.Many court rules contain a similar prohibition.Note that if you cut and paste citations from Westlaw or Lexis, they will often include parallel citations, so you should be sure to omit those. 4
FEDERAL AUTHORITYFederal StatuesFederal statutes appear in the United States Code, which is abbreviated “U.S.C.” in citations. While some states, such as Minnesota, organize their statutes in “chapters,” the United States Code is organized in “titles.” A proper citation includes (1) the title number, (2) “U.S.C.” abbreviation, (3) section sign [“§’”], (4) section number, and (5) year of code:Example: 28 U.S.C. § 1332 (2018).Sections frequently are organized with numbered or lettered elements set off in parentheses. To cite them, include the numbers or letters in parentheses with no spaces:Example: 28 U.S.C. § 1332(a) (2018).Example: 28 U.S.C. § 1332(a)(1) (2018).Federal CasesLike state cases, published federal cases appear in reporters and are cited with (1) case name in italics, (2) reporter volume number, (3) reporter abbreviation, (4) first page of the opinion, (5) pinpoint citation, and (6) parenthetical. The general rules above in the state cases section regarding omitting parallel citations and the structure of citations apply to federal cases as well. All United States Supreme Court opinionsare published in the United States Reports, abbreviated “U.S.” The parenthetical includes the year of publication but not “U.S.” because including it would be duplicative.Example: Erie R.R. Co. v. Tompkins,304 U.S. 64, 78 (1938).Tip: The federal government publishes the United States Reports. Sometimes it takes many months for opinions to appear. When a “U.S.” citation is unavailable, lawyers cite to privately published reporters including the “Supreme Court Reporter,” published by Thompson Reutersand abbreviated “S.Ct.”; and the Lawyer’s Edition, published by Lexis andabbreviated “L. Ed.” You should omit “S.Ct.” and/or “L. Ed.” unless a “U.S.” citation is unavailable. Cases from the United States Court of Appealsare published in the Federal Reporter and its second or third editions, abbreviated “F.” or 5
“F.2d” or “F.3d.” Note there is no space between “F.” and “2d” or “3d” according to The Bluebook.The courts of appeals are separated into federal “circuits,” abbreviated “Cir.” Minnesota is in the Eighth Circuit, abbreviated “8th Cir.”Example: Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.,871 F.2d 734 (8th Cir. 1989).Cases from United States District Courtscommonly are published in the Federal Supplement and its second or third editions, abbreviated “F. Supp.” or “F. Supp. 2d” or “F. Supp. 3d.” The federal districts are abbreviated as “D.” followed by the name of the district. The Bluebook requires spaces after “F.” and after “Supp.” Example: Carlock v. Pillsbury Co.,719 F. Supp. 791 (D. Minn. 1989).Example: Hockey Enters., Inc. v. Total Hockey Worldwide, LLC, 762 F.Supp. 2d 1138 (D. Minn. 2011).Tip: Pay careful attention to the spaces surrounding reporter abbreviations in federal district court citations. A frequent error is to omitspaces after the “F.” or after the “Supp.” It is unclear why The Bluebookrequires the spaces for federal district court case citations and not for federal appeals court citations, but it does.Unpublished United States District Court cases are more common than published ones. Cite them as you would an unpublished state case.Example: Delaria v. KFC Corp.,No. Civ. 4-94-116, 1995 WL 17079305 (D. Minn. Jan. 13, 1995).6
RULESBecause much of the guidance as to what constitutes the practice of law is contained within state level rules of professional conduct and you will also likely be referring to the Model Rules of Professional Conduct, you will need to know how to cite to rules. Model RulesRule 12.9.5 governs the citation of model rules. However, the Bluebook somehow presumes that the only time these things are cited is in the context of law reviews and academic writing and therefore has the examples in SMALLCAPS. Do not use small caps! Cite the model rules in the same way, font- and capitalization-wise, as you do other citations. So,where the Bluebook has it formatted like this: MODELRULESOFPROF’LCONDUCTr. 1.2 (AM. BAR. ASS’N2023).You would have it formatted like this:Model Rules of Prof’l Conduct r. 1.2 (Am. Bar Ass’n 2023). If you are citing to one of the comments to the model rules, you run into the same thing. The Bluebook has it formatted like this:MODELRULESOFPROF’LCONDUCTr. 1.2 cmt. (AM. BAR. ASS’N2023).You would have it formatted like this:Model Rules of Prof’l Conduct r. 1.2 cmt. (Am. Bar. Ass’n 2023).Minnesota Rules Whatever you do here, do not follow the way that Westlaw generates these cites. Westlaw will give you something like this: MN ST RPC Rule 1.2. This is nota proper cite. Instead, follow the same structure as the model rules example above:Minn. R. Prof’l Conduct r. 1.4 (2023)Minn. R. Prof’l Conduct r. 1.4 cmt 6 (2023)7
USING CITATION TOOLS COMMON IN APPELLATE BRIEFSParentheticalsExplanatory parentheticals help a writer succinctly explain a cited authority. Lawyers use parentheticals to (1) summarize a statute or a case’s holding or result, (2) indicate the authority being cited contains a quotation or citation from other authority, or (3) succinctly or summarily describe the subject of or relevant facts about the authority.Sometimes but not always the parenthetical includes quoted material from the source. Rule B1.3 addresses uses of parentheticals. The most-frequent parenthetical is a sentence fragment that beginswith a word ending in “-ing” such as “holding,” “explaining,” or “quoting.” In this use, the citation and parenthetical are a single sentence and the period goes outside the closing parenthesis. Example:See Flanagan v. United States,465 U.S. 259, 264 (1984) (explaining that final judgment rule reduces potential for parties to “clog the courts” with time-consuming appeals).The next-most-frequent use is when the quoted material is a complete sentence that the writer has taken verbatim from the quoted source. In this use, the citation and parenthetical taken together are a single sentence, but the quoted material is a sentence within a sentence. Periods appear both in the parenthetical and after the citation. Note how periods are used in this example:Atl. Richfield Co. v. Fed. Energy Admin.,429 F. Supp. 1052, 1061-62 (N.D. Cal. 1976) (“Not every person aggrieved by administrativeaction is necessarily entitled to due process.”).A parenthetical becomes part of a single citation sentence, so put the period at the end of the sentence outside the final parenthesis.Example:28 U.S.C. § 1332 (2018) (establishing rule for diversityjurisdiction).Tip:Use “quoting” if the authority is quoting verbatim from the other authority in whole or in part. If the authority is paraphrasing the other authority, use “citing.”8
Do not feel constrained to begin a parenthetical with only “holding,” “quoting,” or “citing.” Other “-ing” constructions are useful.Example: Pako Corp. v. Citytrust,109 B.R. 368, 370 (D. Minn. 1989) (distinguishing Modern Computer Systemin case involving Statute of Frauds).Quotations in parentheticals: Sometimes parentheticals contain quotations from the cited source, either a complete sentence or part of a sentence.Example: Warren E. Johnson Cos. v. Unified Brand, Inc.,735 F. Supp. 2d 1099, 1105 (D. Minn. 2010) (“Minnesota Courts have not addressed the holding in Northwest.”).Example: Wave Form Sys., Inc. v. AMS Sales Corp.,73 F. Supp. 3d 1052, 1060 (D. Minn. 2014) (citing legislative intent “to protect Minnesota franchisees”).SignalsIntroductory signals identify the relationship between legal authority and the proposition it supports. The use of a signal indicates the authority somehow relates to a proposition being made but does not directly state the proposition. Rule 1.2 governs signals and you can also find a list of signals in B1.2. Signals only precede case citations, not citations to the record or to statutes or rules. Signals are italicized and are capitalized when beginning a citation sentence. The most-common signals are “See,” “See also,” and “See, e.g.” These are the signals you are most likely to use in this class. Other signals include “cf.,” “but see,” and “compare.”“See”: The signal “See” indicates the cited authority supportsa proposition being made but does not directly statethe proposition. It tells the reader they will need to make an inferential step.Example: However, it is unclear whether a Minnesota court would follow the Northwest Airlines rule. See Warren E. Johnson Cos. v. Unified Brand, Inc.,735 F. Supp. 2d 1099, 1105 (D. Minn. 2010) (“Minnesota Courts have not addressed the holding in Northwest.”).In the example above, the writer uses “See” to precede the citation because Warren E. Johnson Cos.involved a choice-of-law clause in a 9
franchise contract, not an alarm contract. Therefore, the authority supportsthe proposition being made about a choice-of-law clause in an alarm contract but does not directly statethe proposition. “See, e.g.”: “See” is sometimes used in conjunction with the abbreviation “e.g.,” which means “for example.”Example: For example, as several federal courts have explained, after the Eighth Circuit decided Modern Computer Systemsthe Minnesota Legislature amended the Minnesota Franchise Act to reflect public policy. See, e.g., Wave Form Sys., Inc. v. AMS Sales Corp.,73 F. Supp. 3d 1052, 1060 (D. Minn. 2014) (citing legislative intent “to protect Minnesota franchisees”).In the example above, the writer uses “See, e.g.,” when providing one example of a federal district court decision. “See also”: Lawyers use “see” with the word “also” to provide additional supporting authority.Example: Generally, on issues regarding choice-of-law clauses, Minnesota state courts find federal opinions persuasive. See Hagstrom,518 N.W.2d at 48 (citing Modern Computer Sys. v. Modern Banking Sys.,871 F.2d 734, 740 (8th Cir.1989)); see alsoModern Computer Sys., 871 F.2d at 740 (holding choice-of-law provision was enforceable in case arising under Minnesota Franchise Act); Minn. Stat.§§ 80C.01.-22 (2018) (Minnesota Franchise Act).In the example above, the writer uses “see also” when providing federal authority in addition to Hagstrom, which is a state case.Rule 1.2 also helps you understand when to use a signal:Use no signal when an authority (i) directly states the proposition, (ii) is the source of a quotation, or (iii) is referred to in the preceding text. Typically, a writer who cites a legal rule from a case will use no signal to indicate the rule comes from the case cited.Use “see” when an authority clearly supports but does not state the cited authority. A writer sometimes uses “see” when reasoning by example.10
Use “but see” when an authority supports a proposition oppositeto the cited authority.Use “e.g.” to provide further examples of the cited authority. Frequently, the signal follows the signal “see” or “but see”:See, e.g.But see, e.g.Use “see also” when the cited authority constitutes additional source material that supports the proposition. The signal “see also” frequently precedes a string citation.Use “cf.,” which is a synonym for “compare,” when an authority supports a proposition different from the main proposition but sufficiently analogous to lend support.Use “compare” when a comparison of authorities will support or illustrate the proposition. Use “with” before the citation to the authority being compared.Examples:The state’s power to take a biological sample from a criminal defendant for identification purposes is well-established under the U.S. Constitution. Maryland v. King,569 U.S. 435, 442 (2013); see United States v. Mitchell,652 F.3d 387, 410 (3rd Cir. 2011); cf. In reC.T.L,722 N.W.2d 484, 491 (Minn. Ct. App. 2006) (applying Minnesota Constitution). Therefore, the appellant noncustodial parent’s duty to pay at least 23% of his income to the custodial parent is warranted. Compare Smith v. Ruiz, 454 N.W.2d 651, 655 (Minn. 2001) (concluding noncustodial parent must pay forty percent), with Baxter,651 N.W.2d at 341 (concluding noncustodial parent must pay 27% to custodial parent).String CitationsA “string citation” combines more than one citation in a single sentence. Semicolons separate each citation in the string. String citations may be used in conjunction with parentheticals. Example:11
The Commerce Clause authorizes Congress to regulate “channels” of interstate commerce, “instrumentalities” of interstate commerce, and those activities with a “substantial effect” on interstate commerce. Perez v. United States,402 U.S. 146, 156 (1971) (discussing “channels” and “instrumentalities”); United States v. Lopez,514 U.S. 549. 557 (1995) (explaining “substantial effect”).String citations commonly incorporate signals such as “see,” “see, e.g.,” and “see also,” and several other signals as well including but not limitedto:“accord,” to cite authority substantially similar to the authority just cited.“cf.,” which means “compare,” to cite authority that supports a proposition different from the main proposition but sufficiently lends analogous support.“but see,” to cite authority that is opposite to the authority just cited.Example: Although Minnesota courts have applied or cited Modern ComputerSystems approvingly in choice-of-law clauses in contracts governed by the Minnesota Franchise Act, the courts have not done so in a contract for alarmservices. SeeHagstrom, 518 N.W.2d at 48; (franchise contract); accord Hockey Enters., Inc. v. Total Hockey Worldwide, LLC, 762 F. Supp. 2d 1138, 1146 (D. Minn. 2011) (franchise contract); cf.Pac. Equip. & Irr., Inc. v. Toro Co., 519 N.W.2d 911, 915 (Minn. Ct. App. 1994) (temporary injunction); Hood Packaging Corp. v. Steinwagner,No. Civ. 14-02979, 2015 WL 1197530,at *1 (D. Minn. Mar. 16, 2015) (temporary injunction); but seeWhite v. Catheter Robotics, Inc., No. A13-1401, 2014 WL 2921873, at *6 (Minn. Ct. App. June 30, 2014) (holding district court erred by relying on Modern Computer Systemsin claim seeking unpaid wages); Fredin v. Sharp,176 F.R.D. 304, 309 (D. Minn. 1997) (distinguishing Modern Computer Systemsin case involving personal property lease); Pako Corp. v. Citytrust,109 B.R. 368, 370 (D. Minn. 1989) (distinguishing Modern Computer Systemin case involving Statute of Frauds).In the example above, the writer:Used “accord” because both Hockey Enterprises, Inc.and Hagstrominvolved choice-of-law clauses in franchise contracts, and both cases cited Modern Computer Systemsfavorably. Therefore, Hockey 12
Enterprises, Inc.is substantially similar to Hagstrom.Used “cf.” because Pacific Equipment and Irrigation, Inc.involved a temporary injunction, not a choice-of-law clause as in Hagstrom.But bothcases cited Modern Computer Systemsfavorably. Therefore, Pacific Equipment and Irrigation, Inc. supports a different proposition but lends analogous support.Used “but see” because the last three cases in the string citation did not cite Modern Computer Systemsfavorably. They are opposite to the authority just cited.13