Citing Statutes and Cases (Tanbook)

Transcription

1 Citing Statutes and Cases (Tanbook) General Rules When to Use a Legal Cite # Legal Statements: Every single time there is a legal statement (i.e. stating a law or doing legal analysis), there must be a legal cite to support that in that statement. # Factual statements do not need legal citations. When to use Brackets # Citations will either be in the running text or at the end of the rule as a cite. Running Text. Where the law is cited as a part of the sentence End of Sentence. When the law is cited in brackets at the end of the presentation of the rule. Usually it is at the end of the sentence (but it can be at the end of the rule (especially when the sentence contains more than one rule # When it is at the end it will be in brackets. In Running Text A person who intentionally causes physical injury, without the use of a dangerous instrument or a deadly weapon commits only misdemeanor assault in New York under Penal Law (1) At end of the rule The issue raised in the defendant's main brief regarding the post-summation colloquy between the Supreme Court and the prosecutor in this nonjury trial is not preserved for appellate review (CPL [2]; People v Caldwell, 115 AD3d 870, 871 [2d Dept 2014]; People v Wright, 62 AD3d 916, 917 [2d Dept 2009]). Page 1 of 7

2 To Cite a Statute: # Statute numbers: In New York different statutes have different ways depending on the Chapter Title Chapter Title Law uses... Example 1 Example 2 Civil Practice Law and Rules 3 or 4 numbers CPLR 321 CPLR 3211 Penal Law Article number.number Penal Law Penal Law Estates, Powers and Trusts Law [Article]-[Part.number] EPTL # Chapter Title: Use the title of the chapter that is found in the Tanbook Appendix 4, then add the full statute number. Cite In a sentence Penal Law Assault in the third degree is found in Penal Law (Penal Law ) Assault in the third degree is... (Penal Law ). CPLR 3211 Motions to dismiss are found in CPLR 3211 Civil Practice Laws and Rule 3211 Civil Practice Laws and Rule 3211 contains motions to dismiss # Rules Pertaining to the Use of Subdivisions and Paragraphs: RULE 1. Subdivision: If you are citing a subdivision, then insert it after the statute number in brackets (using the rule round, then square) Not within Brackets Within Brackets Penal Law (2) (Penal Law [2]) CPLR 3211 (a) (CPLR 3211 [a]) RULE 2. Subdivision and Paragraph: If you are citing a subdivision and a paragraph, then insert it after the statute number in brackets: one after the other (using the rule round, then square) Not within Brackets Within Brackets CPLR 3211 (a) (1) (CPLR 3211 [a] [1]) Page 2 of 7

3 RULE 3. Subdivisions: If you are citing two subdivisions, then insert it after the statute number in brackets, with commas between them: one after the other (using the rule round, then square) Not within Brackets Within Brackets Penal Law (2), (3) (Penal Law [2], [3]) # More than One Section Cited at Once Rule: If you are citing more than one section and the Chapter Title is a nonabbreviated title, then use... the Chapter Title is an abbreviated title, then put in the cites This cite Penal Law and Penal Law CPLR 3211 and CPLR Example Becomes Penal Law , CPLR 3211, NOTE: Appendix 4 tells you whether you can abbreviate the chapter title Some New York Statutes (Abridged List) Proper Statute Cite Abbreviation Allowed NEVER Agriculture and Markets Law NO AML Civil Practice Law and Rules CPLR CPLR Civil Rights Law NO CRL Criminal Procedure Law CPL CPL Domestic Relations Law NO DRL Estates, Powers and Trusts Law EPTL EPTL Family Court Act Family Ct Act FCA General Business Law NO GBL General Obligations Law NO GOL Judiciary Law NO JL Mental Hygiene Law NO MHL Penal Law NO PL Uniform Commercial Code UCC UCC Vehicle and Traffic Law NO VTL Page 3 of 7

4 To Cite a Case: Three Parts: (1) Case Title (2) Volume, Report, First Page (and jump page, if any) (3) Identifier (depends on Report PLUS YEAR) EXAMPLE: Matter of Daniel D. v Linda C., 24 Misc 3d 220, 223 (Fam Ct, Kings County 2009) (1) Case s Title (3) Identifier (depends on Report PLUS YEAR) Matter of Daniel D. v Linda C., 24 Misc 3d 220, 223 (Fam Ct, Kings County 2009) (2) Volume, Report, First Page (and jump page, if any) (1) Case Title Not in Westlaw, but in NY Court s Citation Services ( # Need official cite (if you don t have it, get it from Westlaw) # Go to Citation Services and plug in the cite and it gives you the Case Title ( # Never use v. Page 4 of 7

5 (2) Volume, Report, First Page (And Jump Page, If Any) # Use Only Official (never use NYS2d) Reporter Court Cite Sample Cite Sample with Jump Page NY NY2d NY3d Court of Appeals 23 NY3d NY3d 456, 459 AD or App Div AD2d AD3d Appellate Division 33 AD3d AD3d 951, 960 Misc Misc 2d Misc 3d Appellate Term 123 Misc 2d Misc 2d 147, 148 Trial Court 123 Misc 2d Misc 2d 147, 148 # EXCEPTIONS: New (does not yet have an official cite) and Unpublished Cases New Cite Sample (must include Slip Op) Court of Appeals NY3d, 2014 NY Slip Op Appellate Division AD3d, 2014 NY Slip Op Miscellaneous (Appellate Term or Trial Court) Misc 3d, 2014 NY Slip Op Unpublished (Misc only) Miscellaneous (Appellate Term or Trial Court) Cite Sample (must include Slip Op) 1 Misc 3d 901[A], 2003 NY Slip Op 51455[U] Page 5 of 7

6 (3) Identifier (Depends on Court plus Year) # Will always have the year # Then depending on the Court, it is will have court and/or location. Identifiers in New York Courts Court Identifier Example Court of Appeals (People v Rawlins, 10 NY3d 136, [2008]). New Court of Appeals Case (slip opinions) Appellate Division (People v Perales, --- NY3d ----, 2014 NY Slip Op [2014]) First Department 1st Dept (People v Ko, 15 AD3d 173, 174 [1st Dept 2005]) Second Department 2d Dept (Abrams v Berelson, 94 AD3d 782, 783 [2d Dept 2012]) Third Department 3d Dept (Matter of Albany Greene Sanitation v Town of New Baltimore Zoning Bd. of Appeals, 263 AD2d 644, 646 [3d Dept 1999]) Fourth Department 4th Dept (People v Lyon, 77 AD3d 1338, 1139 [4th Dept 2010]). New Appellate Division Case (slip opinions) Appellate Term By Departments New Appellate Term Case (slip opinions) [1st] or [2d] or [3d] or [4th] Dept App Term, [1st] or [2d] Dept App Term, [1st] or [2d] Dept (People v Munoz, --- AD3d ----, 2014 NY Slip Op [1st Dept 2014]) (MIA Acupuncture, P.C. v Praetorian Ins. Co., 35 Misc 3d 69 [App Term, 2d Dept 2011]) (People v Serrano, Misc 3d ----, 2014 NY Slip Op [App Term, 2d Dept 2014) Page 6 of 7

7 Court Identifier Example Trial Courts in New York City Supreme Court Family Court Surrogate s Court NYC Civil Court NYC Criminal Court New Trial Court Case (slip opinions) Sup Ct, [County] County Fam Ct, [County] County Sur Ct, [County] County Civ Ct, [County] County Crim Ct, [County] County [Sup] or [Fam] or [Sur] or [Civ] or [Crim] Ct, [County] County (Charter One Bank, F.S.B. v. Midtown Rochester, L.L.C., 191 Misc 2d 154 [Sup Ct, Monroe County 2002]) (Matter of Mark W. v. Damion W., 25 Misc 3d 1148 [Fam Ct, Kings County 2009]) (In re Maura, 17 Misc 3d 237 [Sur Ct, Nassau County 1999]) Glorius v Siegel, 5 Misc 3d 1015 [Civ Ct, NY County 2004]) (People v Camacho, 185 Misc 2d 31, 37[Crim Ct, NY County 2000]) (Devine v Annucci, Misc 3d ----, 2014 NY Slip Op [Sup Ct, Kings County 2014]) Spacing: # means space (People#v#Smith,#44#NY2d#613,#618#[1978]) (People#v#Dunbar,# #NY3d#,#2014#NY#Slip#Op#07293#[2014]) (People#v#Myers,#220#AD2d#461#[2d#Dept#1995]) (People#v#Baugh,#---#AD3d#----,#2014#NY#Slip#Op#07445#[1st#Dept#2014]) (People#v#Benjamin,#24#Misc#3d#103,#104#[App#Term,#1st#Dept#2009]) (Jamsol#Realty,#LLC#v#German,# #Misc#3d#----,#2014#NY#Slip#Op#24315# [App#Term,#2d#Dept#2014]) (Wallace#v#Perret,#28#Misc#3d#1023,#1029#[Sup#Ct,#Kings#County#2010])# (People#v#Villegas,# #Misc#3d#,#2014#NY#Slip#Op#24328#[Sup#Ct,#Bronx#County#2014]) Page 7 of 7