1L Citation Question (Promise it would be easy) Forum
- WestWingWatcher
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1L Citation Question (Promise it would be easy)
I have two quick citation problems that I assume are super obvious and easy, but can't for the life of me find the answer in the Blue Book or a google search.
1. When comparing an actual case to the situation you have had hand,
IE
Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
Where should the citation go for Waterworks Co.? Should it go like this:
a) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, id., Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
or like this:
b) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. Id.
2. When you are using a non-controlling court case in a string of citation clauses, how do you indicate that it is not controlling? Do you have to?
Thanks for whatever input/advice you may have!
1. When comparing an actual case to the situation you have had hand,
IE
Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
Where should the citation go for Waterworks Co.? Should it go like this:
a) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, id., Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
or like this:
b) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. Id.
2. When you are using a non-controlling court case in a string of citation clauses, how do you indicate that it is not controlling? Do you have to?
Thanks for whatever input/advice you may have!
- rinkrat19
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Re: 1L Citation Question (Promise it would be easy)
TLS doesn't do homework for you.
- nothingtosee
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Re: 1L Citation Question (Promise it would be easy)
WestWingWatcher wrote:I have two quick citation problems that I assume are super obvious and easy, but can't for the life of me find the answer in the Blue Book or a google search.
1. When comparing an actual case to the situation you have had hand,
IE
Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
Where should the citation go for Waterworks Co.? Should it go like this:
a) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, id., Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
or like this:
b) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. Id.
2. When you are using a non-controlling court case in a string of citation clauses, how do you indicate that it is not controlling? Do you have to?
Thanks for whatever input/advice you may have!
You used ie to mean for example. That's wrong.
- First Offense
- Posts: 7091
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Re: 1L Citation Question (Promise it would be easy)
Damn man... trying to violate the honor code on shit that isn't even graded?WestWingWatcher wrote:I have two quick citation problems that I assume are super obvious and easy, but can't for the life of me find the answer in the Blue Book or a google search.
1. When comparing an actual case to the situation you have had hand,
IE
Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
Where should the citation go for Waterworks Co.? Should it go like this:
a) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, id., Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
or like this:
b) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. Id.
2. When you are using a non-controlling court case in a string of citation clauses, how do you indicate that it is not controlling? Do you have to?
Thanks for whatever input/advice you may have!
- pancakes3
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- WestWingWatcher
- Posts: 176
- Joined: Mon Dec 23, 2013 5:08 pm
Re: 1L Citation Question (Promise it would be easy)
Wait is this genuinely against the honor code? I just made up random hypothetical sentences...First Offense wrote:Damn man... trying to violate the honor code on shit that isn't even graded?WestWingWatcher wrote:I have two quick citation problems that I assume are super obvious and easy, but can't for the life of me find the answer in the Blue Book or a google search.
1. When comparing an actual case to the situation you have had hand,
IE
Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
Where should the citation go for Waterworks Co.? Should it go like this:
a) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, id., Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty.
or like this:
b) Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. Id.
2. When you are using a non-controlling court case in a string of citation clauses, how do you indicate that it is not controlling? Do you have to?
Thanks for whatever input/advice you may have!
and if it actually is, is it wrong to ask where in the Blue Book I can find the information?
p.s. I'm actually appalled by how hateful everyone's responses have been...
- WestWingWatcher
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Re: 1L Citation Question (Promise it would be easy)
.
Last edited by WestWingWatcher on Sat Apr 15, 2017 1:19 am, edited 1 time in total.
- A. Nony Mouse
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Re: 1L Citation Question (Promise it would be easy)
A lot of schools don't allow for outside help on LWR assignments, and 1L citation questions are usually related to LWR assignments.
- phillywc
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Re: 1L Citation Question (Promise it would be easy)
Just ask one of your classmates for help. Or your TAs.
- anyriotgirl
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Re: 1L Citation Question (Promise it would be easy)
lolWestWingWatcher wrote:
p.s. I'm actually appalled by how hateful everyone's responses have been...
- WestWingWatcher
- Posts: 176
- Joined: Mon Dec 23, 2013 5:08 pm
Re: 1L Citation Question (Promise it would be easy)
Thanks for the explanation. It is in essence related to LRW because that is the only class I have to deal with the Blue Book, but it actually doesn't relate directly to any assignment. Point taken though, apparently everyone assumes you're trying to cheat, and even if you're not, it's going to seem like you are.A. Nony Mouse wrote:A lot of schools don't allow for outside help on LWR assignments, and 1L citation questions are usually related to LWR assignments.
Thanks, I've asked my friends, but they're just as lost as me. Any instruction we have gotten in regard to Blue Booking has been sparse at best.phillywc wrote:Just ask one of your classmates for help. Or your TAs.
but point taken.
Regardless, I will think twice before ever posting on here again, about anything.
- anyriotgirl
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- sesto elemento
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Re: 1L Citation Question (Promise it would be easy)
WestWingWatcher wrote:p.s. I'm actually appalled by how hateful everyone's responses have been...
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- cron1834
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Re: 1L Citation Question (Promise it would be easy)
LOL. It's not a homework club.WestWingWatcher wrote:Thanks for the explanation. It is in essence related to LRW because that is the only class I have to deal with the Blue Book, but it actually doesn't relate directly to any assignment. Point taken though, apparently everyone assumes you're trying to cheat, and even if you're not, it's going to seem like you are.A. Nony Mouse wrote:A lot of schools don't allow for outside help on LWR assignments, and 1L citation questions are usually related to LWR assignments.
Thanks, I've asked my friends, but they're just as lost as me. Any instruction we have gotten in regard to Blue Booking has been sparse at best.phillywc wrote:Just ask one of your classmates for help. Or your TAs.
but point taken.
Regardless, I will think twice before ever posting on here again, about anything.
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Re: 1L Citation Question (Promise it would be easy)
OP, you're not doing it right. Neither of your proposed answers is correct. And generally speaking, the court can determine whether a case is controlling based on the citation.
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Re: 1L Citation Question (Promise it would be easy)
Really? I'm a 2L but have always done it the way he did in 1b. Would love to know the correct way to do it...IIRC my legal writing person said it was somewhat up to style, but that it looks ugly and mucks things up to leave it in the middle of the sentence (which I agree).It's A Lion wrote:OP, you're not doing it right. Neither of your proposed answers is correct. And generally speaking, the court can determine whether a case is controlling based on the citation.
Citations to declarations tend to go immediately following the clause. At least that's what I've learned.
For #2 yea, not necessary. A judge knows what circuit he's in lol
also, the posts above...... honor code wtf lmfao are yall serious?? go get laid or something smh
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Re: 1L Citation Question (Promise it would be easy)
Man, people write articles on this stuff. See http://www.law.du.edu/documents/enrlp/D ... 202000.pdf.
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Re: 1L Citation Question (Promise it would be easy)
HA I remember reading that one several times during 1L... I'm pretty sure 1b is the way to go. Not aware of any way better anyways without completely rewriting sentencesIt's A Lion wrote:Man, people write articles on this stuff. See http://www.law.du.edu/documents/enrlp/D ... 202000.pdf.
- RCinDNA
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Re: 1L Citation Question (Promise it would be easy)
Wow. It's nice to know I learned something from my LRWA class. I actually thought OP was trolling.It's A Lion wrote:Man, people write articles on this stuff. See <a class="vglnk" title="Link added by VigLink" rel="nofollow" href="http://www.law.du.edu/documents/enrlp/D ... </span></a>.
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Re: 1L Citation Question (Promise it would be easy)
1b is correct because you're citing the case for the proposition that one who unintentionally enters land is guilty of tresspass. That proposition holds true both for the facts of the cited case AND the facts of the underlying case - thus the citation applies to the whole sentence.
For example, I could write "Mr. Smith's unintentional entry onto his neighbor's land is nevertheless a punishable tresspass. A v. B, 1 N.W. 2 (Ct. 1999).". I'm citing A v B not for its specific facts but rather its general holding.
Note that you don't use see here because the case directly states the proposition.
But you wouldn't use id. there either as it isn't following a complete cite. You'd do this instead:
"Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. 123 N.W. at 456."
You're welcome.
*Edited because I didn't read entire thread before posting, realize others already said what I said. Also other stuff.
For example, I could write "Mr. Smith's unintentional entry onto his neighbor's land is nevertheless a punishable tresspass. A v. B, 1 N.W. 2 (Ct. 1999).". I'm citing A v B not for its specific facts but rather its general holding.
Note that you don't use see here because the case directly states the proposition.
But you wouldn't use id. there either as it isn't following a complete cite. You'd do this instead:
"Just as in Waterworks Co., where the defendant did not intentionally trespass but was found guilty, Mr. Neighbor did not intentionally step on the land of Ms. Smith, but will still be found guilty. 123 N.W. at 456."
You're welcome.
*Edited because I didn't read entire thread before posting, realize others already said what I said. Also other stuff.
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