![]() ![]() The Bluebook: a manual of citation practice Critical and analytic commentaries (more often found in scholarly treatises and law review articles) are weightier than more descriptive surveys and summaries of the law, e.g., encyclopedias.Restatements reflect the law among a majority of jurisdictions - adds to persuasiveness. ![]() Other considerations affecting weight (secondary authority) Nature of court ruling/statement on issue: ![]() Other considerations affecting weight IV (case law) Unpublished opinion (not published in a reporter).Memorandum (court disposition without opinion).Per curiam (opinion “by the court” without individual judicial authorship).En banc (majority of judges sitting within a U.S.Other considerations affecting weight III (case law)Īttributes of judicial/institutional authorship: Plurality (no one rationale commands a majority of justices).Other considerations affecting weight II (case law) Reputation of court or judge authoring opinion.Other considerations affecting weight of authority I (case law) Includes primary authority from other jurisdictions and secondary authority.Not controlling within a jurisdiction but could serve as a guide for outcome.Hierarchies among authorities V(federal and state) Hierarchies among authorities IV(federal and state)Īuthoritativeness of rulings from courts within a single jurisdiction on a specific issue in rank order: Supreme Court decision controls over state court rulings on questions of federal law Federal statute supersedes state statute on the same subject in the event of a conflict.Hierarchies among authorities III (federal v. Administrative agency regulations are binding upon.Hierarchies among authorities II (federal and state) Hierarchies among authorities I (federal and state) Sources of legal authority: primary and secondary To identify the source of a direct quotation.To identify an authority that is described in specific terms (e.g., a judicial opinion, by its holding, reasoning, or facts).When do legally trained readers expect citations to authority? CITING AUTHORITY Citation Practices and The Bluebook ![]()
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