Referencing laws is an essential aspect of legal writing. It involves citing the sources of legal information used in a document, such as a memorandum, brief, or legal opinion. Proper referencing of laws is crucial to ensure accuracy, credibility, and professionalism, and to avoid plagiarism or misinterpretation. In this article, we will guide you through the basic principles of how to reference laws effectively.
Understanding Legal Citations
Legal citations are a standardized way of referring to legal authorities, such as cases, statutes, regulations, or treaties. They provide a concise and precise way to identify the source of legal information, including the jurisdiction, court, date, and page numbers. Legal citations are usually found in the text of legal documents, footnotes, or bibliographies.
The basic elements of a legal citation include:
- The name of the case or statute
- The volume and name of the reporter or code
- The page number or section
- The court or jurisdiction
- The date of the decision or enactment
Citing Cases
Citing cases involves identifying the name of the case, the court that decided it, the volume and name of the reporter, and the page number where the case can be found. For example, a citation to the famous case of Brown v. Board of Education would look like this:
Brown v. Board of Education, 347 U.S. 483 (1954)
This citation indicates that the case is named Brown v. Board of Education, it can be found in volume 347 of the United States Reports starting from page 483, and it was decided in 1954 by the U.S. Supreme Court.
Citing Statutes
Citing statutes involves identifying the name of the statute, the jurisdiction that enacted it, the volume and name of the code, and the section or subsection where the statute can be found. For example, a citation to the U.S. Constitution would look like this:
U.S. Const. art. I, § 8, cl. 18
This citation indicates that the provision cited is located in Article I, Section 8, Clause 18 of the U.S. Constitution.
Citing Regulations
Citing regulations involves identifying the name of the regulation, the jurisdiction that enacted it, the volume and name of the code of federal regulations, and the section or subsection where the regulation can be found. For example, a citation to a federal regulation relating to environmental protection would look like this:
40 C.F.R. § 112.1
This citation indicates that the regulation cited is located in Title 40 of the Code of Federal Regulations, Part 112, Section 1.
Citing Treaties
Citing treaties involves identifying the name of the treaty, the parties that signed it, the volume and name of the treaty series, and the page number where the treaty can be found. For example, a citation to the United Nations Convention on the Law of the Sea would look like this:
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397
This citation indicates that the treaty cited is the United Nations Convention on the Law of the Sea, it was signed on December 10, 1982, it can be found in volume 1833 of the United Nations Treaty Series starting from page 397.
Using Parentheticals and Signals
Parentheticals and signals are additional elements that can be used to clarify or emphasize the citation. Parentheticals are short explanatory phrases that are enclosed in parentheses and placed immediately after the citation. For example:
Brown v. Board of Education, 347 U.S. 483, 495 (1954) (holding that segregation in public schools is unconstitutional)
This citation includes a parenthetical that summarizes the holding of the case.
Signals are words or phrases that introduce the citation and indicate its purpose or authority. Common signals include:
- See
- E.g.
- Compare
- But see
- Contra
For example:
See Brown v. Board of Education, 347 U.S. 483, 495 (1954) (holding that segregation in public schools is unconstitutional)
This citation uses the signal "See" to indicate that the cited case supports the argument or proposition made in the text.
Conclusion
Referencing laws is an important skill that every legal writer should master. By following the basic principles of legal citation, you can ensure that your legal documents are accurate, credible, and professional. Remember to use proper punctuation, formatting, and signals, and to consult the relevant style guide or citation manual for specific requirements. With practice, referencing laws can become second nature and enhance your legal writing skills.
