2016 National Legal Research Teach-In Kit

Transcription

1 2016 National Legal Research Teach-In Kit Research Instruction & Patron Services Special Interest Section American Association of Law Libraries Bluebook Training for Paralegals Kathy Carlson Legal Research Administrator Office of the Wyoming Attorney General 123 Capitol Building Cheyenne, Wyoming (307) The goal of the Wyoming Attorney General s Office is to complete filings, opinions, and other documents with all citations in correct Bluebook format. The paralegals are responsible for the first round of citation preparation as they create Tables of Authority. All documents then go through an extensive review as to organization, clarity of legal argument, grammar, sentence structure, and citation by the Administrative Division. I am in the Administrative Division, and as part of my job, I review all the citations to determine that the format of the citation is correct and that what is being cited actually supports what the principle the attorney is citing it for. This presentation was created to highlight common errors that I see in the documents I review. The goal is to reduce the number of corrections that need to be made as the document moves through the review process. The citations were provided to attendees prior to the presentation. They were also told how many errors they should find in each citation. They were given work time to complete the exercise and were told to bring it with them to the presentation. When the presentation was made, everyone had an opportunity to ask whatever questions they needed to clarify the format. Each participant also left with a cheat sheet. To view the entire kit, please visit

2 BLUEBOOK TRAINING

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5 1. U.S. v. McSherry, 586 Fed.Appx 489 (10 th Cir. 2014) 4 errors

6 1. United States not abbreviated [Bluebook page 92]. 2. Abbreviation for Federal Appendix is F. App x [Bluebook page 99] 3. Should have a space between F. and App x [Bluebook page 80] 4. The th needs to be regular and not superscript.

7 Correct: United States v. McSherry, 586 F. App x 489 (10th Cir. 2014)

8 2. WildEarth Guardians v. Environmental Protection Agency, 770 F. 3d 919 (10th Circ. 2014) 3 errors

9 1. Initials can be used for Environmental Protection Agency (EPA without periods) [Bluebook page 81] 2. No space between F. and 3d. [Bluebook page 80] 3. Circ. should be Cir. [Bluebook page 215]

10 Correct: WildEarth Guardians v. EPA, 770 F.3d 919 (10th Cir. 2014)

11 3. State of Nebraska v. State of Wyoming, 515 U.S. 1, 115 S. Ct (1995) 2 errors

12 1. State of is not required [Bluebook page 92] 2. Once a case has been reported in the United States Reports, parallel citations are not needed. [Bluebook page 215]

13 Correct: Nebraska v. Wyoming, 515 U.S. 1 (1995)

14 4. Madsen v. Wyoming River Trips, Inc., 31 F.Supp.2d 1321 (D.Wyo. 1999) 3 errors

15 1. In this instance, since it is not referring to the State itself, Wyoming can be abbreviated. [Bluebook page 94] 2. Spaces needed between F. and Supp. and Supp. and 2d [Bluebook page 80] 3. Space needed between D. and Wyo. [Bluebook page 80]

16 Correct: Madsen v. Wyo. River Trips, Inc., 31 F. Supp. 2d 1321 (D. Wyo. 1999)

17 5. Hall v. State, --- U.S. ---, 134 S.Ct (2014) 2 errors

18 1. When jurisdiction is not clear from the citation, the state name is used (here it should be Florida) [Bluebook page 92] 2. Should have a space between S.Ct. [Bluebook page 80]

19 Correct: Hall v. Florida, --- U.S. ---, 134 S. Ct (2014)

20 6. San Francisco Herring Assoc. v. U.S. Dept. of the Interior, 2013 WL (N.D. Cal. 2013) 4 errors

21 1. Association is not abbreviated Assoc. but Ass n [Bluebook page 430] 2. Department is not abbreviated Dept. but Dep t [Bluebook page 430] 3. When citing an unpublished case, the docket number (No. 13 cv JST) is needed. [Bluebook page 88] 4. When citing an unpublished case, the date needs to be the full date (Dec. 19, 2013), not just the year. [Bluebook page 88] Note: Bluebook does provide an abbreviation for San Francisco (S.F.), but I have never seen it used. [Bluebook page 437]

22 Correct: San Francisco Herring Ass n v. U.S. Dep t of the Interior, No. 13 cv JST, 2013 WL (N.D. Cal. Dec. 19, 2013) or S.F. Herring Ass n v. U.S. Dep t of the Interior, No. 13 cv JST, 2013 WL (N.D. Cal. Dec. 19, 2013)

23 7. Silva, at 7, at 936 (Wyo. 2014) 2 errors

24 1. The word at is not used before symbols. [Bluebook page 69] 2. The volume and reporter should be included. (338 P.3d) [Bluebook page 108]

25 Correct: Silva, 7, 338 P.3d at 936.

26 8. Wyoming Recreation Safety Act, Wyo. Stat. Ann through error

27 1. A full reference is not needed for the second statute when citing a range. [Bluebook page 70]

28 Correct: Wyoming Recreation Safety Act, Wyo. Stat. Ann through -123

29 9. W.R.Civ.P error

30 1. Bluebook does not provide for this reference to the Wyoming Civil Rules. It should be Wyo. R. Civ. P. [Bluebook pages 51 and121]

31 Correct: Wyo. R. Civ. P. 37

32 10. Wyo. const. article 1, section 4 1 error

33 1. The C in Constitution needs to be capitalized. This is the reference for the Constitution as it would appear in the text. The words article and section are abbreviated as well when used in a citation. [Bluebook pages 110]. Note the difference in the capitalization protocols between the United States Constitution and state Constitutions. [Bluebook pages 110]. It should also be noted that the word Constitution is always capitalized when referring to the document even as a general reference. [Bluebook pages 85]. Also note that names of specific persons, officials, government offices or governmental bodies are also capitalized (e.g. the Legislature, the Department of Health, the Governor) are capitalized. [Bluebook page 84-85]

34 Correct: Wyo. Const. article 1, section 4

35 Wyo. Sess. Laws ch. 73, 1 1 error

36 1. Session laws are cited by page number (284-85) rather than by chapter and section. [Bluebook page 274] If you think that the chapter and section should be provided, do so in a parenthetical.

37 Correct: 2014 Wyo. Sess. Laws 133

38 12. In re Estate of Kimball, 583 P.2d 1274 (Wyo. 1978). Here is the heading from Westlaw. In the Matter of the ESTATE of Frank W. KIMBALL, Deceased. John E. KIMBALL, Matt Kimball, Frank Kimball, and Penrod C. Geisinger, Administrator C. T. A. of the Estate of Edward H. Kimball, Appellants(Respondents below), v. Richard DeYOE, Mary DeYoe, Kathleen Hartnett, Executrix of the Estate of Anne H. Kimball, and Farmers Home Administration, Appellees (Petitioners below). 1 error

39 1. Bluebook requires that when case has both an adversary name (Kimball v. DeYoe) and a non adversary name (In re ), both be provided. [Bluebook page 90].

40 Correct: Kimball v. DeYoe (In re Estate of Kimball), 583 P.2d 1274 (Wyo. 1978)

41 13. Norman Singer and Shambie Singer, 2A Sutherland Statutory Construction 48:1: Extrinsic aids to interpretation (7th ed.) available Westlaw (updated Nov. 2014) 2 errors

42 1. Odd as it seems to look, the volume number precedes the authors names. [Bluebook page 23] 2. The title of the section is not needed. [Bluebook page 69]

43 Correct: 2A Norman Singer and Shambie Singer, Sutherland Statutory Construction 48:1 (7th ed.) available Westlaw (updated Nov. 2014) or 2A Norman Singer & Shambie Singer, Sutherland Statutory Construction 48:1 (7th ed.) available Westlaw (updated Nov. 2014) The ampersand is preferred, but and is acceptable.

44 14. See RS v. Dep't of Family Servs., Sheridan Cnty. (In re KLS), 2004 WY 87, 23, 94 P.3d 1025, (Wyo. 2004) (Discusses the impact that domestic violence has on children). 2 errors

45 1. Start parentheticals with a present participle ( ing verb) unless using a quotation. [Bluebook page 26] 2. Do not use a capital letter to start or period to end unless using a full sentence quotation. [Bluebook page 26]

46 Correct: See RS v. Dep't of Family Servs., Sheridan Cnty. (In re KLS), 2004 WY 87, 23, 94 P.3d 1025, (Wyo. 2004) (discussing the impact that domestic violence has on children).

47 15. HJO v. State, Dep't of Family Servs. (In re KMO), 2012 WY 99, 19, 280 P.3d 1203, 1211 (Wyo. 2012) quoting R.L.A. v. State, Dep't of Family Servs. (In re L.A.), 2009 WY 109, 14, 215 P.3d 266, 269 (Wyo. 2009). 2 errors

48 1. The word quoting should not be in italics. [Bluebook page 64] 2. From the word quoting to the end of the information about the quoting case should be in parentheses. [Bluebook page 100]

49 Correct: HJO v. State, Dep't of Family Servs. (In re KMO), 2012 WY 99, 19, 280 P.3d 1203, 1211 (Wyo. 2012) (quoting R.L.A. v. State, Dep't of Family Servs. (In re L.A.), 2009 WY 109, 14, 215 P.3d 266, 269 (Wyo. 2009))

50 Wyoming Administrative Rules We have adopted a convention other than Bluebook. Rules Wyo. Dep t of, [Program or Division], [ch.], [ ] (date) Example: Rules Wyo. Dep t of Workforce Servs., Workers Comp. Div., ch.1, 1 (2014) If there is no Program or Division, the reference to the Department is sufficient.

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55 Bluebook Cheat Sheet Italicize [Bluebook pages 3-4] Case Names Book and Law Review Article Titles [Do Not Abbreviate any of the Words] Id. Introductory signals (See) Short Forms for Wyoming Case Citations [Bluebook page 13, 69, ] Pre-1959 Wyoming (with Wyoming Reports Citation): Case Name, [Volume] Wyo. at [Page], [Volume] P.2d at [Page] Jones, 56 Wyo. at 555, 456 P.2d at 367 Wyoming and all other cases cited in the National Reporter System: Case Name, [Volume] at [Page] Jones, 999 P.2d at 1000 (Even though other states have adopted the Public Domain Citation format, it is only used for home state citations out of state decisions only require a citation to the National Reporter System.) Post 2000 Wyoming (with Public Domain Citation): Case Name, [#], [Volume] Reporter at [Page] Jones, 10, 999 P.4th at 1000 ( At is not used before a symbol symbol.) Statute Spans [Bluebook page 70] Statute dates Wyoming: Wyo. Stat. Ann. [full number] to -[abbreviated number] (Do not forget the hyphen for the abbreviated number) Wyo. Stat. Ann to -123 We have adopted a convention whereby dates are only used to reference a historic statute. Common Wyoming Court Rule References [Bluebook pages 51, 121] Wyo. R. Civ. P. W.R.Cr.P WRE Wyo. R. App. P. Constitutional References [Bluebook page 121] Text: U.S. Const. Article #, Section # Wyo. Const. article #, section # Citation: U.S. Const. Art. #, # Wyo. Const. art. #, # Capitalization of court names and party designations [Bluebook page 22] Capitalize a court name only when naming a court in full (Wyoming District Court for the First Circuit) or when referring to the court being addressed (This Court). Capitalize the party designations (e.g. plaintiff) only when referring to the parties in the current action. (Although, in most instances, we use party names rather than designations). Explanatory Parentheticals [Bluebook page 26] Start with a present participle ( ing verb) unless using a quotation. Do not use a capital letter to start or period to end unless using a full sentence quotation. Spacing in Abbreviations [Bluebook page 80] When an abbreviation is comprised of a single letter or number (including any ordinal reference) no space is needed between (e.g. P.3d, A.L.R.4th). However, if the abbreviation is more than a single letter, a space is needed both before and after the multi-letter abbreviation. (e.g. S. Ct., F. Supp. 2d)

56 Capitalization of Government Entities & Documents [Bluebook pages 84-86] When referring to a specific person or agency, the title or name should be capitalized. (e.g. the President, the Governor, the Department of Health). When referring to the United States or the Wyoming Constitution in full, capitalize the word Constitution. Also, capitalize references to specific parts of a constitution (e.g. Full Faith and Credit Clause). Unpublished cases [The Wyoming and Supreme Court formats are an office convention, others Bluebook pages 99 and 104] Wyoming cases pending publication: Name, Public Domain Citation, --- P.3d --- (Wyo. Year). Jones v. Smith, 2016 WY 12, --- P.3d --- (Wyo. 2016) U.S. Supreme Court cases pending official publication: Name, --- U.S. ---, [Volume] S. Ct. [Page] (Year) Jones v. Smith, --- U.S. ---, 140 S. Ct. 234 (2016) [Once there is a United States Reports citation, only it will be used] There is a West National Reporter called the Federal Appendix (F. App x) that prints unpublished cases. If there is a citation to the Federal Appendix, the citation appears just as if the case were published. When only a Westlaw citation is available [this can be either a case pending publication or a case where there will never be a publication]: Name, [Docket Number], [Westlaw Number], ([Court][Date (m/d/y)]) Charlet v. Kay, B247617, 2015 WL (Cal. Ct. App., Jan. 30, 2015) With a pinpoint reference Charlet v. Kay, B247617, 2015 WL , at *2 (Cal. Ct. App., Jan. 30, 2015) Abbreviations in Case Names [Bluebook pages 91, ] In text, do not abbreviate any of the words of a case name. [Exception &, Ass n, Bros., Co., Corp., Inc., Ltd., and No. may be abbreviated.] Abbreviate per the Bluebook tables when placing a case name in a citation. Wyoming Administrative Rules We have adopted a convention other than Bluebook. Rules Wyo. Dep t of, [Program or Division], [ch.], [ ] (date) (Rules Wyo. Dep t of Workforce Servs., Workers Comp. Div., ch.1, 1 (2014) If there is no Program or Division, the reference to the Department is sufficient. Wyoming Session Laws [Bluebook page 274] [Year] Wyo. Sess. Laws [Page] 2014 Wyo. Sess. Laws 133 If you want to add information about the chapter and section, you can use a parenthetical. Year Wyo. Sess. Laws Page (ch., ) 2014 Wyo. Sess. Laws 133 (ch. 23, 1)