THE BLUEBOOK BLUES This adapted exercise is based on “Hollywood Cites” provided to us by Grace D’Alo versus • In case citations, the correct way to say Smith versus Jones would be: • Smith vs. Jones Bluebook Answer • Incorrect. • Correct way is: Smith v. Jones • Not v or vs. Party Names • When giving case citations, the entire names of the parties should be listed: • Example: William C. Donovan v. James L. Lewis Bluebook Answer • Incorrect • Omit first names and middle initials of persons (10.2.1) g • Answer: Donovan v. Lewis – exception: if the first name/middle initial is part of a corporate entity: John J. Smith Corp. v. Jones Capitalization Is the capitalization in the following sentence correct? The Defendants in Jones sought reversal of the appellate court’s decision based on Fourteenth Amendment arguments. Bluebook Answer • The capitalization is incorrect. • The defendants in Jones sought reversal of the appellate court’s decision based on Fourteenth Amendment arguments. • Rule 8; P. 6(b) capitalize party designations when referring to parties in the matter before the court. Parenthetical Information • True or false? • The appropriate way to indicate that you are citing to a dissenting or concurring opinion is to indicate it in parentheses after the cite by referring to the author of the decision and whether the author was concurring or dissenting. Bluebook Answer • True. State v. Jackson, 420 P.2d 119 (Cal. 2003) (Taylor, J., concurring). • Bluebook Rule 10.6.1(a). Short Citation of Statutes The following example illustrates the use of “id.” to refer to statutes. Is it properly used? First cite is: 42 U.S.C. § 1983 (1994). The next cite is: See id. at § 1981. Short Citation of Statutes It is incorrectly used. Do not use “at” before a section or paragraph symbol. The correct short cite is: See id. § 1981. Rule B6.2. See rule 4.1 for examples. Short Forms for cases • Hanjaras v. City of Atlanta, 65 S.E. 356 (Ga. Ct. App. 1909). • If you want to cite to page 357 of the decision with no intervening cite, would the following short form be correct? • Hanjaras at 357. Bluebook Answer • No, Hanjaras at 357 is incorrect. • Id. at 357. • Hanjaras, 65 S.E. at 357. • 65 S.E. at 357. • Rule B5.2; Rule 10.9 Quotes • Assuming that the quotation is accurate, is the quotation in proper Bluebook form? • In Moore v. Crumpton, the court found that the state’s inability to control a child’s behavior indicated that “ . . . [d]efendants’ ability to control their child was, in fact, limited.” Bluebook Answer No, it is incorrect. Under Rule 5.3, an ellipsis should not be used at the beginning of a quotation regardless of whether words have been omitted from the original text. Quotes • True or false? • You should use an ellipsis when language is omitted from the middle of a quoted sentence and add brackets around the first letter of the first word after the ellipsis. Bluebook Answer • False. • Under Rule 5.2 (b)(ii), use an ellipsis when language is omitted from the middle of a quoted sentence. Brackets are only used to indicate an alteration of the original material. Quotes • In the following quote, material is omitted from the end of the quoted sentence. Your textual sentence also ends. Is the following correctly punctuated? • To the extent that our past decisions have “[l]imited the parents’ liability for the acts of the parents’ unemancipated minor child, they are overturned. . . .” Bluebook Answer • • • • It is incorrect. overturned. . . .” (incorrect) overturned . . . .” (correct) The sentence should end with an ellipsis to indicate that material has been omitted from the quote. The ellipsis begins and ends with a space. A period is then needed to the sentence. • Rule 5.3; see rule 5.3(b)(iii) for examples. Case Names • The following is the second party name in a citation sentence. Is it in correct Bluebook form? • v. Katherine Harris, Secretary of State of Florida, et al., Respondents. Bluebook Answer No. The correct form is: v. Harris. Rules 10.2.1(a); 10.2.1(e); 10.2.1(g) The correct complete case name is: Palm Beach County Canvassing Bd. v. Harris Often Quoted Sources • True or false? • The two most often quoted books in the English language are the works of William Shakespeare and the Bible. These works are so popular that they need no Bluebook citation. Bluebook Answer • False. • Even though these works are popular, they must be cited according to the Bluebook. • Rule 15.8(c) Symbols • True or false? • If a work is organized by using § and ¶ symbols, then these symbols should be used when citing to the work. Bluebook Answer • True. • Rule 3.4. Prior and Subsequent History In general, give the entire subsequent history of a case except for: a. Denials of certiorari b. Denials of discretionary appeals more than two years old c. Irrelevant history on remand d. All of the above Bluebook Answer Answer d is correct. Denials of certiorari, denials of discretionary appeals more than two years old, and irrelevant history on remand should all be omitted. Rule 10.7. Statutes Is the following citation correct or incorrect? 15 U.S.C. §18 (1982). Bluebook Answer • Incorrect: 15 U.S.C. §18 (1982). • Rule 6.2(c). There should be a space between the section symbol and the numeral. • 15 U.S.C. § 18 (1982). Case Names • Is the following case name correctly used in a textual sentence? • The court in Downey v. Motor Vehicle Accident Insurance Company held that . . . . Bluebook Answer • The answer is incorrect. The correct answer is: • Downey v. Motor Vehicle Accident Insurance Co. • Rule 10.2.1(c) Block Quotations • True or false? • Quotations of fifty or more words should be indented left and right, without quotation marks. For court documents, the citation should not be indented and should begin on the immediate next line after the end of the quote (single spaced). Bluebook Answer • True. • The citation should not be indented and should begin on the immediate next line after the end of the quote (single spaced). • Rule 5.1(a). Citation Sentences • Which of the following citations is in the correct form for a citation sentence? 1. Nat’l Equip. Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964). 2. National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964). Bluebook Answer Citation 1 is correct. Nat’l Equip. Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964). All words listed in T. 6 should be abbreviated (Rule 10.2.2) in citation sentences. THE BLUEBOOK BLUES