Microsoft PowerPoint - LSS Day of Education 2021 Bluebook v. CSM

4/21/2021

BLUEBOOK &

THE CALIFORNIA

STYLE MANUAL

Do You Know the Difference?

Adrienne Brungess

Professor of Lawyering Skills

McGeorge School of Law

LSS - Day of Education

April 24, 2021

Purposes of Citation

1. To furnish the reader with legal support for an

assertion or argument:

a) provide information about the weight and persuasiveness of the

source;

b) convey the type and degree of support;

c) to demonstrate that a position is well supported and researched.

2. To inform the reader where to find the cited authority

if the reader wants to look it up.

Bluebook Parts of the Bluebook

1. Introduction: Overview of the BB

2. Bluepages: Provides guidance for the everyday citation needs of first-year law

students, summer associates, law clerks, practicing lawyers, and other legal

professionals. Includes Bluepages Tables.

Start in the Bluepages. Bluepages run from pp. 3-51.

3. Rules 1-21: Each rule in the Bluepages is a condensed, practitioner-focused version of

a rule from the white pages (pp. 53-214). Rules in the Bluepages may be incomplete

and may refer you to a rule(s) from the white pages for “more information” or “further

guidance.”

4. Tables (1-17): Includes tables T1 – T16. The two tables that you will consult most

often are T1 and T6. Tables are not rules themselves; rather, you consult them when

a relevant citation rule directs you to do so.

5. Index

6. Back Cover: Quick Reference

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Getting Familiar with the Bluebook

• Cases (B4)

• Statutes (B5)

• Books & Treatises (B8)

• Periodicals (B9)

Common rules include:Common rules include:

Basic Citation Forms

3 ways to

present a

citation

to legal

authority:

In the full citation format that is required when you cite to

a given authority for the first time in your document (e.g.,

Lambert v. Parrish

, 492 N.E.2d 289, 291 (Ind. 1986));

In a shortened version the second and subsequent times

that you cite to a given authority

(e.g.,

Lambert

, 492 N.E.2d at 291); and

In a general reference within your own sentence to an

authority that has already been discussed (e.g., “Unlike

the plaintiff in

Lambert

, Plotkin was injured while. . . .”).

Pinciting



Lambert v. Parrish

, 492 N.E.2d 289, 291 (Ind. 1986).



Lambert

, 492 N.E.2d at 291

These examples provide pinpoint references (“pincites”) to the exact

page on which the material being relied on appears (page 291 of an

opinion that begins on page 289 of volume 492 of the North Eastern

Reporter, 2d Series).

Some sources require pincites to page numbers; other sources require

pincites to section or paragraph numbers.

Pincites are important

Consider:

• A case that you need to cite could be several pages

long;

• A statute or regulation you need to cite could contain

numerous sections and subsections.

Don’t make the reader expend time searching for your

reference. Be specific.

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Pincites are important

Presume a pincite is needed in all citations.

Except: Two common situations where a pincite is

not

needed:

1. when appropriately using the short-form citation “

Id.”

to indicate

the same source and page number as a previous citation, and

2. when citing a particular authority for a proposition that is

supported by the entirety of the authority.

When to Cite

When quoting from the authority

When paraphrasing from the authority

When using ideas from the authority

When setting forth your own analysis or conclusion

that builds on the authority

When to Cite

When in doubt, cite.

It is less of a problem to

cite when you did not

need to than to not cite

when you did

Citing Cases

Formula:

• Name of case (first party v. second party), + volume

name and number + first page of case, + specific

page/paragraph or span of pages cited + (court date

of decision).

• Int’l Shoe v. Washington, 326 U.S. 310 (1945).

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Official & Unofficial Reporters

Federal system:

 The official reporter for the Supreme Court is the

United States Reports (or U.S.).

 Unofficial reporters are West’s Supreme Court Reports

(or S. Ct. ) or

United States Supreme Court Reports (Lawyer's

Edition) (L. Ed.).

 Ex: Int’l Shoe v. Washington,

326 U.S. 310, 66 S. Ct. 154, 90 L. Ed. 95 (1945).

Federal Reporters

• United States Reports (official): U.S.

• Supreme Court Reports: S. Ct.

• United States Supreme Court Reports (Lawyers’ Edition): L. Ed.

Supreme CourtSupreme Court

• Federal Reporter: F.2d

Federal Appeals CourtFederal Appeals Court

• Federal Supplement: F. Supp.

Federal District CourtFederal District Court

California Reporters

• Official: California Reports (Cal. 3d)

• Unofficial: West’s California Reporter (Cal. Rptr. 2d)

• Unoff. Regional: West’s Pacific Reporter (P.2d)

• Ex: Auto Equity Sales v. Superior Court, 57 Cal. 2d 450, 20 Cal. Rptr. 32,

369 P.2d 937 (1962).

• Official: California Reports (Cal. 3d)

• Unofficial: West’s California Reporter (Cal. Rptr. 2d)

• Unoff. Regional: West’s Pacific Reporter (P.2d)

• Ex: Auto Equity Sales v. Superior Court, 57 Cal. 2d 450, 20 Cal. Rptr. 32,

369 P.2d 937 (1962).

Supreme Court

• Official Reporter: California Appellate Reports, 2d Series (Cal. App. 2d)

• Unofficial: West’s California Reporter (Cal. Rptr. 2d)

• Ex: Daniel v. Weigum

190 Cal. App. 2d 620, 16 Cal. Rptr. 27 (Cal. Ct. App. 6th

Dist. 1964)

• Official Reporter: California Appellate Reports, 2d Series (Cal. App. 2d)

• Unofficial: West’s California Reporter (Cal. Rptr. 2d)

• Ex: Daniel v. Weigum

190 Cal. App. 2d 620, 16 Cal. Rptr. 27 (Cal. Ct. App. 6th

Dist. 1964)

Appellate Cases

Tips for Cases



Proper abbreviation for case names

 Abbreviate ANY word in the case name that is listed in Table 6



Selection of the correct reporter

 Find the correct jurisdiction in Table 1 of Bluebook

It will tell you which reporter to cite.



Proper numerical abbreviations –

R6.2 in Bluebook

 “Second” = 2d NOT 2nd and “Third” = 3d NOT 3rd

 Do NOT use superscript text in footnotes (ex: 1st not 1

)



Correct spacing for reporter names

– R6.1 in Bluebook

 Close up adjacent single capitals (ex: S.D.N.Y.)

 Individual numbers are treated as single capitals (ex: F.3d)

 Do NOT close up single capitals w/ longer abbreviations (ex: D. Mass)

 Insert a space adjacent to any abbreviation containing two or more letters

(ex: So. 2d and F. Supp. 2d)

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Citing Codes

Formula:

• Title number + abbreviated name of code +

section number + (publisher

if unofficial

year source was published).

• Ex: 35 U.S.C. § 271 (2006).

Official & Unofficial Codes

 Federal system:

 The official code is the United States Code

(U.S.C.).

 Unofficial codes are published by West (U.S.C.A.)

and LexisNexis (U.S.C.S).

 California system:

 Deering’s and West’s both considered official.

Tips for Statutes

Section symbols

 Always include a space between the section

symbol and the statute number (or other section

identification)

 28 U.S.C. § 1291 (2000).

 When citing to multiple sections in a statute, use

two section symbols

 42 U.S.C. §§ 9601-9675 (2000).

Citing a Periodical (B9, R16)

5 Steps to Citing a Law Review or Journal Article

1. Author(s)

2. Title

3. Abbreviated name (Table T.13 in BB)

4. Pincite

5. (Year of publication)

Ex: Kenneth R. Feinberg,

Mediation – A

Preferred Method of Dispute Resolution

, 16

Pepp. L. Rev. 5, 14 (1989).

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Citing a Periodical, cont.

• Include the author’s entire name (as much as is known):

• Georgette C. Poindexter

• If two authors, include both, using “&”:

• A. Leo Levin & Meyer Kramer

• If more than two authors, either include all, or use just the first author and “et

al.”: Paul Butler et al.

Author(s)Author(s)

• Include the ENTIRE title as it appears on the title page

• Do not abbreviate words or omit articles in the title

• Underline

• Use Rule 8 for capitalization rules

TitleTitle

Citing a Periodical, cont.

Journal

 For a

consecutively paginated

journal (when the journal, for instance,

starts the 3rd issue of a volume on the page following the last page of the

2nd issue):

 Identify the journal volume number

 Look to Table T.13 for the journal abbreviation

 Ex: David Rudovsky, Police Abuse: Can the Violence Be Contained?,

27 Harv. C.R.-C.L. L. Rev.

 For a

non-consecutively paginated

journal (such as a magazine, where

each issue starts at page 1):

 Include only the journal/magazine name, in small caps (BOLD for the

write on), and the date of issue

o Ex: Joan B. Kelly, Mediated and Adversarial Divorce: Respondents’

Perceptions of Their Processes and Outcomes, Mediation Q., Summer

1989.

Citing a Periodical, cont.

Pincite

 Similar to a case, include the first page of the article after the

journal name, then a comma, and the specific page that contains

the material being cited:

Ex: David Rudovsky, Police Abuse: Can the Violence Be

Contained?, 27 Harv. C.R.-C.L. L. Rev. 465, 500.

 For a magazine, include the word “at” and the first page of the

article:

Joan B. Kelly, Mediated and Adversarial Divorce: Respondents’

Perceptions of Their Processes and Outcomes, Mediation Q.,

Summer 1989, at 71.

Citing a Periodical, cont.

Date of Publication

 For a consecutively paginated journal, at the end of

the citation, include the year of publication in

parentheses:

Ex: David Rudovsky, Police Abuse: Can the Violence Be

Contained?, 27 Harv. C.R.-C.L. L. Rev. 465, 500 (1992).

 For a non-consecutively paginated journal, the year

will have already be included, so there is no need to

repeat it.

Ex: Joan B. Kelly, Mediated and Adversarial Divorce:

Respondents’ Perceptions of Their Processes and

Outcomes, Mediation Q., Summer 1989, at 71.

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Books & Treatises

Formula:

[Volume number (if multi-volume work)] + Author, +

Title

[at] Pinpoint reference + ([Editor name, ed.,] + [Publisher] +

[Edition number (other than 1st) ed.] + Year of publication).

 Example:

7A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane,

Federal

Practice and Procedure

§ 1758, 114–15 (3d ed. 2005).

Short Form: 7A Wright, § 1757.

 Example:

1 Arthur Linton Corbin,

Corbin on Contracts

§ 4.14 (Joseph M.

Perillo ed., rev. ed. 1993).

California Style Manual

 Style manual for California

courts

 4th ed. (2000)

 Published at irregular

intervals (every 15 years)

 Available on Westlaw

(e.g.) CASTYLE s 1:1

Cal. State Court Citation Format

 California Rules of Court Rule 1.200

 Citations to authorities in all documents filed in the

California state courts must be in the style

established by either



California Style Manual



The Bluebook: A Uniform System of Citation

 Party filing the document chooses the citation

manual.

 Same style must be used consistently throughout

the document.

Cal. State Court Citation Format

• Advisory Committee Comment to

Cal. Rules of Court, Rule 8.204

Brief writers are encouraged

to follow the citation form of

the

California Style Manual

(4th ed., 2000).

Brief writers are encouraged

to follow the citation form of

the

California Style Manual

(4th ed., 2000).

• Cal. Rules of Court,

Rule 8.887(c)(1)

Opinions certified for

publication must comply to

the extent practicable with

the

California Style Manual

Opinions certified for

publication must comply to

the extent practicable with

the

California Style Manual

• Cal. Rules of Court,

Rule 3.1113(c)

A case citation must include

the official report volume

and page number and year

of decision.

A case citation must include

the official report volume

and page number and year

of decision.

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California Style Manual: Type Style

Use

italics

, not underlineUse

italics

, not underline

• Case names

• Cross reference words (

ante, ibid., id., infra, post, supra

)

• But, words denoting subsequent case history (revd., affd.) are

not usually italicized.

ItalicizeItalicize

Do not use underlining to signal italicsDo not use underlining to signal italics

California Style Manual: Placement of Citations

 Use parentheses around a citation, whether it appears

within a sentence or at the end.

 Use brackets [ ] to enclose any unofficial parallel citations.

(CSM §4:57)

 Examples:

 When statutory language is clear and unambiguous, there is no

need for construction and courts should not indulge in it. (

People

v. Overstreet

(1986) 42 Cal.3d 891, 895 [231 Cal.Rptr. 213, 726

P.2d 1288].)

 Unlike the Fourth Amendment, which proscribes “unreasonable”

government seizures, (

Graham v. Connor

(1989) 490 U.S. 386,

394), the Eight Amendment only protects ….

California Style Manual: Placement of Citations

 If the citation forms an integral part of the

sentence, do not use parentheses.

 Use brackets around any parallel citations.

 Example:

American Academy of Pediatrics v. Lungren

(1997) 16

Cal.4th 307 [66 Cal.Rptr.2d 210, 940 P.2d 797], the

California Supreme Court considered this very question.

California Style Manual: Introductory Signals

• Signals appear in ordinary roman type

A signal informs the

reader about the

relationship between the

idea stated in the text

and the cited source.

• See

• See also

• Cf. or e.g.

• But see

• Contra

Examples of signals:

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California Style Manual: California Code Citations

If the code cite is at the end of a sentence, the

citation must be placed inside parentheses.

 The period at the end of the cite is inside the

parentheses

 Do not use “Cal.” before code names

 A comma comes after the code name

 Only includes publisher and year only if citing to

publisher-added materials

 There is not a provision for code cites to Westlaw or

Lexis

California Style Manual:

California Code Citations Examples

(Bus. & Prof. Code, § 16700 et seq.)

(Code Civ. Proc., § 564, subd. (a).)

(Pen. Code, § 331.)

(Civ. Code, §§ 1810.2-1812.12.)

(Pen. Code, §§ 118, 118a, 126.)

(Prob. Code, §§ 610 et seq., 670 et seq.)

(Evid. Code, § 700; see Pen. Code, § 1321.)

California Style Manual: California Code Citations

For code sections within the text of a

sentence:

 use unabbreviated code names

 spell out "section" before the code section

number

 insert a comma after subdivisions

California Style Manual: California Code Citations

Example of citations outside parentheses:

 Civil Code section 1000 et seq.

 Civil Code sections 1006 et seq., and 1013 et seq.

 Section 844 of the Penal Code

 Section 1203.1 b of the Penal Code

 Probate Code section 233, subdivision (a)

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California Style Manual: California Code Citations

Short form:

 Code name may be omitted after initial cite if a

footnote or parenthetical explains that

undesignated section references are to that code.

 Only one code designation may be omitted in

each document.

California Style Manual: California Code Citations

Example of how to use a footnote to indicate the omitted

code name:

Code of Civil Procedure section 631

provides that a jury trial may be waived by

written consent filed with the clerk.

______________________________

1. All further unspecified statutory references are to the Code of Civil Procedure.

California Style Manual: California Code Citations

• case name

• no comma after the case name

• year and court

• reporter with volume and page

• the complete cite is in parenthesis

• the period is at the end of the cite but inside the parentheses

Elements of a Case Law CitationElements of a Case Law Citation

• (

Smiley v. Citibank

(1995) 11 Cal.4th 138.)

Example:Example:

California Style Manual: Case Law Citations

 Case names



Italicize

case names (including the v.)

 Year and court

 Always include the year

 Only include the court if it cannot be determined by cite to reporter

 Reporter

 Provide cite to the official reporter.

 CSM recommends a parallel cite to an unofficial reporter in [ ].

 Pincites are not needed for parallel cites.

 Example

(

Smith v. Williams

(1966) 65 Cal.2d 263, 265 [54 Cal.Rptr.2d 370].)

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California Style Manual: Case Law Citations

 (

People v. Marshall

(1997) 15 Cal.4th 1.)

 (

California v. Romero

(1983) 463 U.S. 992.)

 (

Spurgeon v. Mission State Bank

(8th Cir. 1945)

151 F.2d 702.)

 (

Mcinnis v. Shapiro

(ND.Ill. 1968) 293 F.Supp. 327)

 (

Gressler v. New York Life Ins. Co.

(Utah 1945)

163 P.2d 324.)

 (

English v. State

(Okla.Crim.App. 1969) 462 P.2d 275.)

California Style Manual: Case Law Citations

There are no spaces between the reporters

and the edition:

 Cal.App.3d

 Cal.3d

 F.Supp.4th

 F.3d

Main differences from Bluebook

Italics

not

underline and no

choice

Italics

not

underline and no

choice

(The entire citation

is in parentheses.)

(The entire citation

is in parentheses.)

(Ending period is

placed inside the

parentheses.)

(Ending period is

placed inside the

parentheses.)

There is no comma

after the case

name

There is no comma

after the case

name

The date comes

immediately after

the case name

The date comes

immediately after

the case name

Parallel cites are

recommended and

put in []

Parallel cites are

recommended and

put in []

The spacing for the

reporter

abbreviations may

be different

The spacing for the

reporter

abbreviations may

be different

California Style Manual: Short Form

 After an opinion is first cited in a document, it is not

cited in full again.

 Short cite format depends on whether the subsequent

reference is

1. In the same paragraph (intervening authority / no intervening

authority) or

2. In a different paragraph

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California Style Manual: Short Form

Once an opinion is cited in full, the first reference in

any subsequent paragraph must include the case

name,

supra

, the reporter, and the volume and page

numbers.

 Note: per Bluebook – you cannot use supra to refer to primary

authority.

California Style Manual: Short Form

If the first subsequent reference is to a point page

within the opinion, either provide the inception page for

the opinion plus the point page

OR use "at page" (or "at p." in parentheses) without the

inception page.

California Style Manual: Short Form

(

Silacci v. Abramson, supra,

45 Cal.App.4th 558.)

(

Silacci v. Abramson, supra,

45 Cal.App.4th 558, 562.)

(

Silacci v. Abramson, supra,

45 Cal.App.4th at p. 562.)

California Style Manual: Short Form

To repeat an identical citation to an opinion within the same

paragraph,

ibid.

may be used when no intervening authority is cited

To repeat a citation to an opinion with a different point page,

id.

may be used.

Ibid.

and

id.

are used only to refer to the immediately preceding

citation in the same paragraph.

Note: there is no “ibid” in Bluebook

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California Style Manual: Short Form

 The conduct of the plaintiff in

Khawar v. Globe Internet, Inc.

(1998) 19 Cal.4th 254, 267 [79 Cal.Rptr. 178] did not make

him a public figure. His role in the underlying controversy

was "trivial at best." (

Ibid.

)

 The California Supreme Court declined to characterize the

plaintiff as a public figure in

Khawar v. Globe Internet, Inc.

(1998) 19 Cal.4th 254, 267 [79 Cal.Rptr. 178]. The court

also declined to adopt a neutral reportage privilege in that

case. (

Id.

at p. 273.)

California Style Manual: Short Form

Burglary is not committed by placing a stolen check in

a bank's window chute, based on the court's decision

People v. Davis

(1998) 18 Cal.4th 712, 724

(disapproving

People v. Ravenscroft

(1988) 198

Cal.App.3d 639). However, burglary "may be

committed by using an instrument to enter a

building." (

People v. Davis, supra,

at p. 717.)

California Style Manual: Short Form

A shortened case name followed by a point page reference is

also sufficient for second and subsequent references within the

same paragraph, whether or not there is intervening authority.

• A penalty provision is separate from the underlying offense.

(

People v. Wolcott

(1992) 10 Cal.App.4th 1584, 1596,1598;

People v. Bryant

(1983) 34 Cal.3d 92, 101.) The jury does not

consider the penalty allegation until it first reaches a verdict

on the substantive offense. (

Bryant,

at p. 101.)

• Note: this form is NOT compliant with Bluebook

California Style Manual: Short Form

Same paragraph, no intervening

authority

Same paragraph, intervening

authority

Different paragraph

Use ibid. for identical cite

Use id. at p. __ for change in

page number

1) case name

2) supra (optional)

3) page

(People v. Davis, supra,

at p. 718.)

1) shortened case name

2) page

(Davis, at p. 1097.)

1) case name

2) supra

3) reporter with volume

and

page

(Smith v. Williams, supra,

45 Cal.App.4th at p. 562.)

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