A Handy Guide to the Bluebook ~
FOR USE DURING A/C’s
The following list is provided as a reminder of some
important elements of citation. However,
this list is neither authoritative nor exhaustive. Always consult
the rule in the Bluebook!
William Mitchell Law Review has adopted some special citation rules in addition to those in the Bluebook. The special rules are noted in this list.
1. HOW TO CITE A CASE
·
Case citation is generally covered by Rule 10.1.
· Jurisdiction-specific citation is further covered in Table T.1. Note that if a state is included in the reporter name, then the court of decision is not included with the date.
Example: 123 Cal. Rptr. 23 (1998), not 123 Cal. Rptr. 23 (
Contrary to Rule
10.3.1(b), parallel cites are required for
Lilly v. City of
1.
Who: Who are
the parties? (Lilly v. City of
2. What: What court decided the case? (Minn. Ct. App.)
3. When: What year was the case decided? (1995)
4. Where: Where can the case be found? (527 N.W.2d 107)
Note: The “Why” should be
found in the text of the article, and needs to be connected to the “Who, What,
When, and Where.”
Example: Rollins v. Ellwood,
565 N.E.2d 1302 (
Example: Pulley v. Harris,
465
Why: The United States Reports contains only the opinions of the Supreme Court, so the Supreme Court does not have to be named in the citation. [2]
· If U.S. Supreme Court decisions are published and available in U.S. Reports, then the case should be cited to the U.S. Reporter, not to Supreme Court Reporter.
Example: Coteau Servs. v.
Alexis, Inc., No. 86-5296, 1988
The goal is to communicate seven (7) pieces of information:
1. Who: Who are the parties? (Coteau Servs. v. Alexis, Inc.)
2.
What:
What court decided the case and the
abbreviated name of the court? (U.S. Dist. and
3. When: What year was the case decided? (1988)
4. When: What is the full date? (Feb. 10, 1988 in parenthesis)
5. Where: Docket number: (No. 86-5296)
6. Where: The computer database: (LEXIS)
7. Where: The computer database’s case code/number: (1019)
Note: The Bluebook does not say anything against
citing more than one computer database.
You could, for example, cite both to LEXIS and WESTLAW.
Example: Coteau Servs. v.
Alexis, Inc., No. 86-5296, 1988
Note: You can indicate
with an asterisk and number the exact screen or page of the opinion as it
appears on LEXIS or WESTLAW.
Example:
First check if the case is available in an office or unofficial
reporter, or a computer database. If it
is not available there, then check a looseleaf service as the next best
option.
Example: Hayes v. Sampson, [1980 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 97, 693 (S.D.N.Y. Nov. 18, 1980). [5]
The goal is to communicate six (6) pieces of information:
1. Who: Who are the parties? Hayes v. Sampson
2. When: The exact date the case was decided (Nov. 18, 1980)
3. Where: The volume number or name: (1980 Transfer Binder)
4. Where: The name of the service and publisher abbreviated according to Table T.16, with the abbreviated name of the publisher in the parenthesis: (Fed. Sec. L. Rep. and CCH)
5. Where: The paragraph or other subdivision: (¶ 97, 693)
6. Where: The
abbreviated name of the court (S.D.N.Y.)
2. CASE NAMES
a. Typeface
· If a case name is cited in full in an endnote, then the case name should not be italicized. Case names appearing in a textual sentence, whether in the body of the text or in an endnote, should be italicized. See Rules 2.1(a) and 2.2.
· In a short cite, the case name should be italicized.
· Procedural phrases such as In re and ex rel should be italicized, regardless of whether the entire case name is italicized.
b. Party Names
· Verify the spelling of all case names.
·
Use abbreviations where appropriate. See Rule
10.2.2 and Table T.6. If a case name appears in a textual sentence,
do not use abbreviations unless permitted by Rule 10.2.1(c).
3. SHORT FORMS FOR
CASES
· See Rule 10.9 for guidance in short form citation.
·
Supra
and [hereinafter] should not be used to cite cases, except in extraordinary
circumstances. See Rule 4.2.
4. PRIOR AND
SUBSEQUENT HISTORY OF CASES
· Rule 10.7 governs which procedural information should be included with case citations. Generally, if a case is cited in full, include all subsequent history except for denials of rehearing, history on remand, and certain denials of certiorari. Prior history does not have to be given unless it is relevant to a point the author is making. If both prior and subsequent history are included in the citation, list the prior history first and then the subsequent history.
Example: Community Nutrition Inst. v. Block, 698 F.2d 1239 (D.C. Cir. 1983), rev’d, 467 U.S. 340 (1984).[6]
Note: “Rev’d” is the abbreviation for reversed and that it is NOT ended with a period. See Table T.9 for other explanatory phrases and their abbreviation.
5. HOW TO CITE A STATUTE; see generally Rule 12 and Table T.1.
a. Federal Statutes
Example: 30 U.S.C. § 523 (1994).[7]
For federal statutes the goal is to
communicate four (4) pieces of information:
1. Where: The title number (30)
2. Where: The abbreviated code name (U.S.C.)
3. Where: The section number (523)
4. Where: The volume year, NOT the year the statute was enacted (1994)
b.
State
Statutes
Example: Minn. Stat. § 604.02, subd 1. (2002).
For state statutes the goal is to communicate three (3) pieces of
information.
1. Where: The abbreviated code
name (Minn. Stat.)
2. Where: The section of the particular statute, including the subdivion (604.02, subd. 1)
3. Where: The volume year, NOT the year the statute was enacted (2002)
c.
Supplements
and pocket parts; Rules 3.2(c) and 12.3.1(e)
Statutes that appear in a supplement,
either bound or in a pocket part, should be cited as:
Minn. Stat. § 604.02 (Supp. 2002)
If part of the statute is in the volume and part in the supplement both should be listed in the parenthesis:
Minn. Stat. § 604.02 (2002 & Supp. 2003)
d.
Session
laws; See Rule 12.4
e.
Computer
Databases; See Rule 12.5
·
Secondary
Databases; See Rule 18.
f.
Short form
for statutes; See Rules 12.9, 6.2(b), & 8.
g. Uniform Acts; See Rule
12.8.4.
h. When citing
i. The date for a statutory volume should be the date of the main volume. Do not include the date of the supplement unless the statute is found or amended therein.
Examples:
(1994) The statute is found in the main volume.
(1994 & Supp. 2000) The statute is found in the main volume and amended in the supplement.
(Supp. 2000) The statute is only found in the supplement.
j. Supra and [hereinafter] should not be used to cite statutes or constitutions, except in extraordinary circumstances. See Rule 4.2.
6. HOW TO CITE
OTHER COMMON SOURCES
a.
Constitutions;
See Rules 11 & 8
b.
Rules of
Procedure and Evidence; See Rule 12.8.3
c.
Restatements;
See Rule 12.8.5
d.
Administrative
Rules/Regulations; See Rule 14
e.
Books; See
Rule 15
f.
Law Review
Articles; See Rules 16 & 6.1(a)
g.
The Record;
See Rule 10.8.3
7. BOOKS, PAMPHLETS,
AND OTHER NONPERIODIC MATERIALS
·
Refer generally to Rule 15.
·
Cite by volume when citing to more than one
book, pamphlet, or other nonperiodic material. Rule 3.2(a).
· When citing to a publication with two authors, separate the authors’ names with an ampersand in the order listed on the publication. When citing to a publication with more than two authors, cite the first author’s name followed by “et al” unless including all the authors would be particularly relevant. Rule 15.1.1.
·
Always give the full name of an editor and/or
translator followed by “ed.” or “trans.” in a parenthetical. Rules
15.1.1; 15.4.
Example: Joe Bluebook & Mary Cite, Cite Right 30-49 (Pat Page trans., Lou Turner ed., 2000).
·
For special citation forms (including frequently
cited works) refer to Rule 15.7.
8. PERIODICAL
MATERIALS
· When citing periodical materials use Large and Small Caps for the name of the publication only; the author’s name is in ordinary Roman type; the title of the article is in italics. Refer generally to Rule 16 for a breakdown of periodical citations and examples. Note the slight differences in consecutively and non-consecutively paginated journals.
· Law Review articles require a parenthetical describing the content of cited pages.
· Refer to Rule 16.5 for additions to the general rules when citing to sections and page numbers of newspapers.
9. COMMERCIAL
DATABASES AND THE INTERNET
· Rule 18 is intended to clearly indicate which source the author actually used.
· Cite traditional sources if available. If (1) the traditional source is hard to locate or (2) citing to an electronic source will improve access to the information, cite to the traditional source, to the extent possible, and the electronic source as a parallel citation.
· Explanatory Phrases:
o Use “available at” when using the traditional source but giving the electronic source as a parallel cite.
Example: Peggy Sue Review, Fables and Follies of Blue Booking,
78 Law Monthly 65, 68 (2001), available at http://www.peggysue.com/articles/archives/lm78winter2001p.65.htm.
· Use no explanatory phrase when the source is available in a traditional format but only the Internet was accessed.
Example:
· Use “at” if the information is only available on the Internet.
J.P. Tort, Negligent and Unintentional Blue Booking, 6 Your Law Review Here 7 (2000), at http://www.tortsonline.edu/redbull/v6il/jingleheimerschmidt.htm.
· Date of Internet Citation:
o
See Rule
18.2.1(e).
o If a citation includes both a traditional source and a parallel internet source, provide the date for the traditional source according to the applicable rule. The date for the Internet source may be included whenever such information will assist the reader.
o If a citation is only to an Internet source, a date must be provided. The date provided should be one of the following, in order of preference:
§ the date of the case, statute, article, or other material as specified in the information itself;
§ the date the Internet site was last modified, using the terminology chosen by the Internet provider (i.e., last modified, last updated, etc.);
§ the date the Internet site was last visited to confirm the presence and location of the information.
o Examples:
§
Tenn.
Comp. R. & Regs. ch. 1200-1-2 (1999), available at http://www.state.tn.us/sos/rules/1200/1200-01/1200-01-02pdf
(last modified
§
Randall R. Smith, Jones on the Internet: Confusion
and Confabulation, Citation Debate Forum, at http://www.citations.org (last visited
· Preservation of Information:
o An accurate URL does not guarantee that the information can be readily accessed by the user. For this reason, downloading, printing, or otherwise preserving the information as it exists at the time of access is therefore encouraged.
10. HOW TO CITE ODD SOURCES, SUCH AS JURY
INSTRUCTIONS, PLI MATERIAL, CLE MATERIAL,
· First, check the front of the book or source for a statement such as “Cite this work as…” and cite accordingly.
· If there is no statement as to how to cite the work on the work itself, then the closest rules seems to be Rule 12.8.5. Include the title of the book in Small Caps with the jury instruction number (or other parallel number) and the date/year.
·
As you
check the citation of odd sources, do your editor a favor and in the margin of
the paper cite the rule or page to which you referred in the Bluebook!
Typing the Law
11. TYPEFACE
·
Typeface conventions are the same as those in
the Bluebook, Rule 2.1. Thus, anything that the Bluebook requires in
italics must be italicized; anything
that the Bluebook requires in small capitals must be smallcapped.
How do I make Small Capitals?
Easy Way: Select the text that you want small capped. Go to the “Format” menu (or right-click your mouse) and select “Font.” In the “Font” window under “Effects,” select “Small caps.”
Easier Way:
Select the text that you want small capped. Use CTRL+SHIFT+K
to change it to small caps.
Easiest Way!: You can use CTRL+SHIFT+K before you begin typing the text that you want small capped. Then, type the text that you would like to be small capped. Click CTRL+SHIFT+K again to go back to normal text. (Note: Use CTRL+SHIFT+U to underline, CTRL+SHIFT+B to bold, and CTRL+SHIFT+I to italicize.)
12. USE OF ID; See Rule 4.1.
·
·
13. INTRODUCTORY
SIGNALS
· Rule 1.2 covers signals. Become familiar with the specific usage for each signal.
·
All signals should be italicized unless they are
used as verbs in ordinary textual sentences.
See Rule 1.2(e).
· When using more than one signal in a single endnote, the order of signals is covered by Rule 1.3. Note that Rule 1.2 identifies four types of signals: supportive, comparative, contradictory, or background. Signals of the same basic type must be strung together within a single citation sentence and must be separated by semicolons. If an endnote contains signals of different types, then they must be placed in separate sentences.
·
If you use see
also, cf., or see generally, then a parenthetical is
strongly recommended. This type of
parenthetical is covered by Rule 1.5.
Signals that indicate SUPPORT:
E.g.
Accord
See
See also
Cf.
Signals that indicate CONTRADICTION:
Contra
But see
But cf.
Signal that indicates BACKGROUND material:
See generally
14. PINPOINT (JUMP)
CITES
Pinpoint cites are required when citing to a proposition in the text of the source.
k. For cases, a pinpoint cite should refer to the text of the case, not to the headnotes or syllabus. In the Bluebook, the rule for how to pinpoint cite a particular source is usually included in the general discussion of that source.
l. A pinpoint cite is required even if the authority is on the first page of the source.
Example: 11 Wm. Mitchell L. Rev. 123, 123 (1901).
15. PARENTHETICALS
· Use parentheticals to explain the proposition in the main text. For some introductory signals, use of a parenthetical is strongly recommended.
·
Most parentheticals should start with a present
participle (a verb ending in “ing” such as “holding” or “discussing”). However, if a parenthetical quotes one or
more full sentences, or if a full participial phrase is unnecessary, then no
present participle is required. See Rule 1.5.
16. ORDER OF AUTHORITIES
·
In a single citation sentence, authorities are
ordered according to Rule 1.4.
·
Primary
authority:
· Constitutions and statutes are first, then case law.
· Higher jurisdictions are generally placed before lower jurisdictions.
· Within courts of the same jurisdiction, cases are cited in reverse chronological order.
· Secondary authority follows primary authority. Note that some forms of secondary authority, especially law review articles, are in alphabetical order rather than in reverse chronological order. Also note that student-written law review articles are ordered separately from other law review articles.
Example:
Freida Young, Fun with Law Review, 4 L. Rev. 100 (1986); Henry Zzyzzx, Tweety & Me, 18 L. Rev. 100 (2000); Patricia Aardman, Note, Courtroom Hijinks, 16 L. Rev. 100 (1998).
17. QUOTATIONS; Rules
5.1(b), and 5.4
· For quotations of 50 or more words, see Rule 5.1(a). The quotation must be blocked, with margins set in on both the left and the right. Quotation marks are not placed at the beginning or end of the quotation. Any quotation marks within the quotation should appear as they do in the original.
· For quotations of less than 50 words, see Rule 5.1(b). The quotation should be placed in quotation marks. Quotation marks within the quotation are replaced by single quotation marks.
· See Rule 5.3 for the use of ellipsis (...) when omitting words.
· See Rule 5.2 for the use of brackets and “[sic]” when altering the original text.
18. NUMBERS AND
SIGNS; See Rule 6.2.
·
Text:
o
Spell out the numbers zero to ninety-nine in
text, footnotes, and endnotes. For
larger numbers, use numerals.
o
See exceptions in Rule 6.2.
·
Section Symbol - §
o
Endnotes - Use of § permitted.
§
Do not use at the beginning of a sentence. Spell out the word “section.”
§
When the symbol is used, there should be a space
between the symbol and the numeral.
o
Text - Use of § not permitted.
§
Always spell out the word “section.” Only capitalize if at the beginning of a
sentence.
§
Exception:
when referring to section of U.S. Code or a federal regulation, okay to
use § symbol.
19. CAPITALIZATION OF
COURT NAMES; See Rule 8.
·
State Court
o
A state court name should only be capitalized if
it appears with a state name.
o
Examples:
§
the
§
the