Citation

Definition

A citation is a reference to a legal authority, such as a statute, case law, or regulation, used to support legal arguments and findings. Citations are essential in legal writing as they provide the necessary acknowledgment of the source of information and facilitate the verification of legal precedents. Proper citation enhances the credibility of legal documents and ensures adherence to established legal standards.

5 Must Know Facts For Your Next Test

1. Citations are formatted according to specific rules that vary by jurisdiction and type of document, ensuring consistency in legal writing.
2. A complete citation typically includes the name of the case or statute, volume number, reporter series, page number, and year of publication.
3. Accurate citations help prevent plagiarism by giving proper credit to original sources, which is crucial in maintaining ethical standards in legal practice.
4. Legal citations not only serve as references but also help to locate the original documents quickly for further review or analysis.
5. Citing the correct authority can significantly impact the outcome of a case, as judges rely on cited precedents when making decisions.

Review Questions

• How does proper citation enhance the credibility of legal documents?
  • Proper citation enhances the credibility of legal documents by providing verifiable references to established legal authorities. This practice shows that the arguments presented are grounded in recognized sources, which helps to build trust with judges and opposing counsel. Furthermore, accurate citations allow readers to easily locate and verify the cited material, reinforcing the integrity and reliability of the legal argument.
• What are some common elements included in a complete legal citation, and why are they important?
  • A complete legal citation typically includes elements such as the case name, volume number, reporter series, page number, and year of publication. These elements are important because they provide specific information needed to locate the referenced material. Including all necessary details ensures that readers can accurately find and review the original source, which is vital for understanding the context and implications of the legal argument being made.
• Analyze the consequences of improper citations in legal writing and its potential impact on case outcomes.
  • Improper citations in legal writing can lead to significant consequences such as undermining the credibility of the document and creating confusion about the authority being referenced. If a court relies on incorrect or incomplete citations, it could misinterpret legal precedents or fail to consider pertinent authority, potentially impacting the outcome of a case. Additionally, improper citation may result in ethical issues or professional repercussions for attorneys, emphasizing the critical importance of accuracy in legal documentation.

Related terms

Legal Authority: A source of law that has binding effect or persuasive value in a given jurisdiction, such as statutes, case law, or regulations.

Bluebook: A widely used style guide for legal citation in the United States, providing rules for citing various legal documents and authorities.

Shepardizing: The process of checking the validity and precedential value of a case or legal authority using citation tools like Shepard's Citations.