Smith v. Bright, 54 Southeast 220 (1913) by s55XyRi

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									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

								
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