Bluebooking (briefs, opinions) Flashcards

(41 cards)

1
Q

In _____ legal documents, such as ____ and _____, citations appear within the document directly after the proposition

A

Non-academic; Briefs; Opinions

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2
Q

In non-academic legal documents, footnotes should only be used when allowed by _______

A

Local court rules

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3
Q

A citation may be inserted in 2 ways (SC)

A
  1. Citation sentence (stand-alone)

2. Citation clause

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4
Q

Use citation sentences to cite sources that relate to the _______ preceding sentence

A

Entire

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5
Q

Citation clauses are set off from the text by _____ and ________ follow the proposition

A

Commas; Immediately

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6
Q

Use citation clauses to cite sources that relate to ______ part of a sentence

A

Only one

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7
Q

A _______ shorthand message to reader about the relationship between _____ and source

A

Signal; Proposition

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8
Q

(No signal) (3)

A
  1. Directly states proposition
  2. Source of quotation
  3. Mentioned in proposition
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9
Q

E.g.

A

Source of one of multiple authorities stating the same proposition

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10
Q

Accord (2)

A
  1. Source is one of multiply authorities directly stating or supporting the proposition
  2. One of other authorities was mentioned in the proposition
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11
Q

See

A

Authority supports, but does not directly state the proposition

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12
Q

See also

A

Additional material supporting the proposition

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13
Q

Cf.

A

Authority is different from the main proposition, but sufficiently analogous to provide support

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14
Q

Contra

A

Authority directly states a proposition contrary to the main proposition

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15
Q

But see

A

Authority clearly supports a proposition that contradicts the main proposition

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16
Q

But cf.

A

Authority supports a proposition analogous to the contrary of the main proposition

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17
Q

See generally

A

Authority is helpful background material for the proposition

18
Q

What is the order of signals in a citation sentence? (10)(NEASSCCBBS)

A
  1. No signal
  2. E.g.,
  3. Accord
  4. See
  5. See also
  6. Cf.
  7. Contra
  8. But see
  9. But cf.
  10. See generally
19
Q

Separate authorities within each ____ with _____

A

Signal; Semicolons

20
Q

What is the order of authorities? (8) (CSFSLACS) *(FSF)

A
  1. Constitutions (federal-state-foreign)
  2. Statutes (federal-state-foreign)
  3. Federal cases
  4. State cases
  5. Legislative materials
  6. Administrative materials
  7. Court documents
  8. Secondary materials
21
Q

What is the order of authority for federal cases? (D)

A

Descending authority

22
Q

What is the order of authority for state cases? (AD)

A
  1. Alphabetical by state

2. Descending order of authority within state

23
Q

What is the order of authority for legislative materials? (BHRD)

A
  1. Bills
  2. Hearings
  3. Reports
  4. Debates
24
Q

What is the order of authority for administrative materials? (ERP)

A
  1. Executive orders
  2. Regulations
  3. Proposed rules
25
What is the order of authority for court documents? (RBP)
1. Records 2. Briefs 3. Petitions
26
What is the order of authority for secondary materials? (RBAI)
1. Restatements 2. Books 3. Articles 4. Internet sources
27
______ is the equivalent of italics
Underscoring
28
What information should be italicized in a citation clause? (7) (CTTIECW)
1. Case names, including procedural phrases introducing case names 2. Titles of books/articles 3. Titles of legislative material 4. Introductory signals 5. Explanatory phrases introducing subsequent case history 6. Cross reference (e.g., id., supra) 7. Words/phrases introducing related authority (e.g., quoted in)
29
What information is italicized in the brief itself? (TWA)
1. Titles of publications (e.g., New York Times) 2. Words italicized in the original quotation 3. Any other word that would be italicized (e.g., uncommon foreign word)
30
Large/Small _____ are not required (but may be used for stylistic purposes)
Caps
31
How do you cite a footnote?
Example: US v. Carolene, 304 U.S. 144, 152 n.4
32
When can you use "supra" and "hereinafter"?
``` Legislative hearings Court filings Books Pamphlets Reports Unpublished materials Non-print resources Periodicals Decisions of intergovernmental organizations ```
33
When can you NOT use "supra" and "hereinafter"?
``` Cases Statutes Constitutions Legislative material Restatements Model codes ```
34
A quotation within quotation can be cited by indicating that _______
citation has been omitted | Ex: (citation omitted)
35
Quotations of ____ or more words should be in ______
50; Block quotations
36
Spell out numbers from _____
Zero to Ninety-nine
37
Use _____ for larger numbers (100
Numerals; Begin a sentence
38
Only capitalize party designations (e.g., plaintiff, defendant, appellant) when referring to parties that is ______
Subject of the document
39
A full case citation includes 5 components (NSPOS)
1. Name 2. Source (published or unpublished) 3. Parenthetical (court, year) 4. Other parentheticals 5. Subsequent history
40
Omit _____ other than the first party listed before/after "v."
All other parties
41
Omit words indicating _______ parties (e.g., et al) and ________ names (e.g., a.k.a.)
Multiple; Alternative