Citation Question: Opinion appearing on single page

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BVest
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Citation Question: Opinion appearing on single page

Postby BVest » Wed Jun 05, 2013 12:07 am

Working on a work memo for a judge and have encountered a citation question:

The case appears on a single page of a reporter. For example:

Jones v. Smith, 123 P.2d 456 (Cal. 1942).

My question is this: I need to pincite everything, but would the correct pincite for a single-page opinion actually repeat the page number, or would it simply state it once? That is, is the correct pincite (a) or (b)?

(a) Jones v. Smith, 123 P.2d 456 (Cal. 1942).
(b) Jones v. Smith, 123 P.2d 456, 456 (Cal. 1942).

Followup question: What is the proper short form for same?

(a) Jones, 123 P.2d 456.
(b) Jones, 123 P.2d at 456.

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A. Nony Mouse
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Re: Citation Question: Opinion appearing on single page

Postby A. Nony Mouse » Wed Jun 05, 2013 12:09 am

BVest wrote:Working on a work memo for a judge and have encountered a citation question:

The case appears on a single page of a reporter. For example:

Jones v. Smith, 123 P.2d 456 (Cal. 1942).

My question is this: I need to pincite everything, but would the correct pincite for a single-page opinion actually repeat the page number, or would it simply state it once? That is, is the correct pincite (a) or (b)?

(a) Jones v. Smith, 123 P.2d 456 (Cal. 1942).
(b) Jones v. Smith, 123 P.2d 456, 456 (Cal. 1942).

Followup question: What is the proper short form for same?

(a) Jones, 123 P.2d 456.
(b) Jones, 123 P.2d at 456.

(b) and (b)

UnderrateOverachieve
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Re: Citation Question: Opinion appearing on single page

Postby UnderrateOverachieve » Wed Jun 05, 2013 12:09 am

This is extremely basic and easily answered in the bluebook...

I am not necessarily implying you are trying to get help for a write-on competition, but you should really try and figure this out yourself. If you can't then something must be seriously wrong with your studies.

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BVest
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Re: Citation Question: Opinion appearing on single page

Postby BVest » Wed Jun 05, 2013 1:40 am

Write-on competition was a couple weeks ago. This is work. Though I've seen it done on this forum multiple times, I assure you I am not so dumb as to come on here and ask a privileged or honor-code-protected question and think that just because I have a handle and a picture of Captain Caveman as an avatar no one could figure out who I am and ruin my future career before I even graduate.

I'm not sure what you're looking at in the Bluebook that you find to be extremely basic, but I would welcome your sharing.

Specifically, my issue is that I'm pinciting, however, where the case is contained entirely on a single page, it could be said that I'm citing to the case in its entirety (in which case the answer would actually be (a)).

There is nothing I have found in the Bluebook that addresses the issue head-on. Rule 10.9 for short form, reads, in part "When citing an entire decision, and not a pinpoint therein, in short form, you must include the shorter version of the case name, the volume number, reporter designation, and first page . . . : Youngstown, 343 U.S. 579.

And I am doubting myself (I would have done it as (b)) because the case in question is cited in the form of (a) in two very well-written and (at least otherwise) well-cited briefs in the case.

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Bronte
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Re: Citation Question: Opinion appearing on single page

Postby Bronte » Wed Jun 05, 2013 9:19 am

It's (b) in both cases.

UnderrateOverachieve
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Re: Citation Question: Opinion appearing on single page

Postby UnderrateOverachieve » Wed Jun 05, 2013 11:45 am

Using google, first result from TLS forum.

See page 8 of the 18th Edition (B5): "Bluepages tip: Do not omit a pincite merely because it is the same as the first page of the case report. Without the pincite, the reader will have no way of knowing where the cited material is located. Instead, just repeat the page number[.]"

Obviously we are on 19ed so you might want to double check.


Best of luck. I have heard preparing material for judges can be very daunting, especially if you are just starting at it.




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