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slide2

You are writing a legal memo on a federal child support issue. You find a United States Code published in 2009, with a title number of 18. The section you are citing is called “Failure to pay legal child support obligations.” The section is 228. What is the correct cite format?

  • 18 U.S.C. 228.
  • 18 U.S.C. § 228.
  • 18 U.S.C. 228 (2009).
  • 18 U.S.C. § 228 (2009).

:88

bb rule
BB Rule

See Bluebook Rule 12 – Statutes

slide4

You need to cite a United States Supreme Court case from the year 1890. The plaintiff is Saul Norman and the defendant is Aaron Buckner. You are citing from the first page of the case and this is the first time you have cited this case in your writing. Which cite is correct?

  • Norman v. Buckner, 135 U.S. 500 (U.S. 1890).
  • Norman v. Buckner, 135 U.S. 500, 500 (1890).
  • Norman v. Buckner, 135 U.S. 500 (1890).
  • Saul Norman v. Aaron Buckner, 135 U.S. 500, 500 (1890).

:86

bb rule1
BB Rule

See Bluebook Rule 3.2 – first page of a source

slide6

Same case information as above but time you want to use a short-form citation for text found on pages 521 to 522 of the court’s opinion. The full cite is right above. How should you cite this?

  • Id. at 501 and 502.
  • Id. at 521-2.
  • Id. at 501-02.
  • Id.at 521-22.

:87

bb rule2
BB Rule

See Bluebook Rule 4.1 – Short Form Citations – “Id.”

which answer lists the sources of law in correct hierarchical order
Which answer lists the sources of law in correct hierarchical order?
  • Common law, statutes, regulations and constitution
  • Constitution, statutes, common law, and regulations
  • Regulations, common law, statutes, and constitution
  • Common law, constitution, statutes, and regulations

:24

the legislature works directly with
The legislature works directly with:
  • Common law or cases
  • Regulations
  • Statutes
  • Constitution

:30

with statutes the legislature can
With statutes, the legislature can:
  • Codify common law
  • Modify common law
  • Reject common law
  • All of the above

:30

can the legislature overturn a court s decision that a statute is unconstitutional
Can the legislature overturn a court’s decision that a statute is unconstitutional?
  • Yes
  • No
  • Maybe

:30

is a court required to follow an agency s guidance for or interpretation of a statute
Is a court required to follow an agency’s guidance for or interpretation of a statute?
  • Yes, always
  • Yes but only when the interpretation is from a federal agency
  • No but deference given when the agency has authority to act and its interpretation is rational and sound
  • None of the above

:30

slide15

You are writing a legal memo regarding a federal consumer credit issue. Your supervisor tells you this is a statutory question. Decide whether each listed source is mandatory or persuasive authority or primary versus secondary authority (depending on the question). The Federal Consumer Credit Act:

  • Primary
  • Secondary

:30

explanation
Explanation

Primary authority: includes documents like case decisions, statutes and regulations

Secondary authority encompasses basically everything else, including: law review articles, restatements, treatises, commentary, etc. 

the federal consumer credit act
The Federal Consumer Credit Act:
  • Mandatory
  • Persuasive

:30

explanation1
Explanation
  • Mandatory authority - primary sources that courts must follow or apply, such as the relevant constitution, statute and case.
  • Persuasive authority – a decision that a court may adopt but does not have to follow
explanation2
Explanation

Secondary authority encompasses basically everything else, including: law review articles, restatements, treatises, commentary, etc. 

slide21
John Doe v. Sam Houston, a decision from the highest court in the state that addresses the consumer credit issue:
  • Mandatory and Secondary
  • Persuasive and Primary
  • Mandatory and Primary
  • Persuasive and Secondary

:45

explanation3
Explanation

Since this is a federal issue, a case decided by the highest state court is persuasive, non-binding authority. Also, since it is case law, it is primary authority.

slide23

Your case, involving a breach of contract issue, is at the appellate level in state court. You find a decision by a trial court in the same state, Lowes v. Home Depot, and the facts, reasoning and holding line up directly with your case. This case is:

  • Mandatory
  • Persuasive

:45

explanation4
Explanation

The case is persuasive because it is a decision from a lower court on this state court issue. An on-point decision from the highest court in the state would be mandatory authority.

which of the following is not a part of the general structure of a statute
Which of the following is not a part of the general structure of a statute?
  • Definition
  • Holding
  • Operative Rule
  • Exceptions
  • Defenses

:20

slide27

Select the correct citation format for the following sources. Follow the rules for legal documents.Section 328-79 of the Hawaii Revised Statutes, all of which appears in the 2005 pocket part

  • Haw. Rev. Stat. § 328-79 (Supp. 2005).
  • Haw. Stat. 328-79 (2005).
  • Rev. Haw. Stat. § 328(79) (2005).
  • Haw Rev Stat § 328-79 (Supp. 2005).

:120

bb rules
BB Rules

B6.1.2—state statutes

12.3.1(b)—title, chapter and volume

T.1 Hawaii

B13—typeface

3.1(c) and 12.3.1(2)—supplement information

the eleventh amendment to the constitution of the united states
The eleventh amendment to the Constitution of the United States
  • Constitution XI
  • US Const. amend. XI
  • U.S. Const. amend. XI
  • 11 Const. amend.

:45

bb rules1
BB Rules

11 and T.16—subdivisions of the constitution

B7--typeface

slide31

Section 1(d)(1) of title 15 of the current United States Code, published in 2000. This section appears in its entirety in the 2003 Supplement III.

  • 15 U.S.C. § 1 (Supp. 2003).
  • 15 USC § 1(d)(1) (Supp. 2003).
  • 15 U.S.C. s. 1(d)(1) (Supp. 2003).
  • 15 U.S.C. § 1(d)(1) (Supp. 2003).

:60

bb rules2
BB Rules

B6.1.1, 12.2.1, 12.3.1 & T.1 Federal—US Code format

3.1 & 12.3.1—supplement information

slide33

Texaco, Incorporated, versus Fouad N. Dagher. This is a February 28, 2006 case from the united States Supreme Court. This case is not yet published in the reporter. However, this case I available on FindLaw at http://www.findlaw.com/casecode/supreme.html.

  • Texaco, Inc. v. Dagher (Feb. 28, 2006), available at http:www.findlaw.com/casecode/supreme.html.
  • Texaco, Inc. v. Dagher, at http:www.findlaw.com/casecode/supreme.html.
  • Texaco, Inc. v. Dagher (Feb. 28, 2006), http:www.findlaw.com/casecode/supreme.html.
  • Texaco, Incorporated v. Dagher (Feb. 28, 2006), available at http:www.findlaw.com/casecode/supreme.html.

:120

bb rules3
BB Rules

B13, T6, B51.1(ii) and (v), 10.2.1(g) & 10.2.2—party names

B5.1.1

10.5(a)—year of decision

18.2.2(a)—parallel internet cite

slide35
In a Motion for Summary Judgment, you wish to cite to paragraph 3 of the Plaintiff’s Original Complaint
  • (Compl. § 3.)
  • (Orig. Compl. ¶ 3.)
  • (Original Compl. ¶ 3.)
  • (Original Compl. § 3.)

:60

bb rules4
BB Rules

B10.2—parentheses

BT.1—abreviations

B10.3—pinpoint reference

in an appellate brief you wish to cite to defendant s exhibit 72
In an appellate brief, you wish to cite to Defendant’s Exhibit 72.
  • (D’s Exh. 72.)
  • (Def.’s Ex. 72.)
  • (Defendant’s 72.)
  • (Defendant’s Exh. 72.)

:60

bb rules5
BB Rules

B10.2—parentheses information

BT.1—abbreviations

B10.3—pinpoint reference

slide39

In your brief you are citing a rule concerning prohibitions on political activities applicable to attorneys and staff attorneys of the Legal Services Corporation. The rule is found in title 45 of the Code of Federal Regulations, at section 1608.8. The current volume of title 45 was published in 2005.

  • C.F.R. 45 s. 1608.8 (2005).
  • 45 CFR § 1608.8 (2005).
  • 45 C.F.R. § 1608.8 (2005).
  • 45 C.F.R. s. 1608.8 (2005).

:60

bb rule3
BB Rule

14.2(a)—code of federal regulations and parentheticals

slide41
An article entitled “Punitive Damages,” by John J. Kircher, found on page 971 of volume 6 of the Tennessee Law Review, published in 2000.
  • John J. Kircher, Punitive Damages, 6 Tenn. L. Rev. 971 (2000).
  • Kircher, Punitive Damages, 6 Tenn. Law Rev. 971 (2000).
  • J. Kircher, Punitive Damages, 6 Tenn. L. Rev. 971 (2000).
  • Punitive Damages, 6 Tenn. L. Rev. 971 (2000).

:120

bb rules6
BB Rules

16.1—author’s name

B13 & 16.2—title

16.2 & T.13—pinpoint and periodical abbreviation

16.3--parenthetical

slide43

You are citing a United States Supreme Court Case. The plaintiff is Planned Parenthood of Southeastern Pennsylvania and the defendant is Casey. The case was decided in 1992. What is the correct citation format?

  • Planned Parenthood v. Casey, 505 U.S. 833 (U.S. 1992).
  • Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).
  • Planned Parenthood v. Casey, 505 U.S. 833 (1992).
  • Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (U.S. 1992).

:120

bb rules7
BB Rules

See T.1 – United States Jurisdictions

See also Rule 10.2.1(f) – Geographical Terms

See also Rule 10.4 – Court and Jurisdiction

slide45

You need to cite a Federal case. The plaintiff is Hoxha and the defendant is Levi. It is a 2006 case found in volume 465 of the Federal Reporter (3rd) from the Third Circuit (Pennsylvania). You are quoting from page 559 of the court’s opinion and this is the first time you have cited this case in your memo. The case starts on page 554. Which cite is correct?

  • Hoxha v. Levi, 465 F.3d 559 (3d Cir. Pa. 2006).
  • Hoxha v. Levi, 465 F.3d 554 (3d Cir. 2006).
  • Hoxha v. Levi, 465 F.3d 554, 559 (3d Cir. 2006).
  • Hoxha v. Levi, 465 F.3d 559 (3d. Cir. Pa. 2006)

:120

bb rules8
BB Rules

See Rule 10.4 Court and Jurisdiction – Federal Courts

Also see Rule 3.2 – Pinpoint cites