Signals
What is the ALWD Rule Number for signals?
35
When do you need to use a full citation?
When you cite to a source for the first time in your brief, and ONLY the first time you cite the source. After that, only short cites.
When does ordering authorities matter?
In a string citation within the same signal
True or False: You can use Id. for court documents.
False! ALWD Rule 25.4
Where in ALWD do you find the list of case name abbreviations?
Appendix 3(E)
Two times when you do not need to use a signal
A direct quotation and when the case name is in the sentence (ex/ “In Tinker….”)
Name the 7 components of a full citation to a court case
Case name, reporter volume, reporter abbreviation, initial page number, pinpoint page, court abbreviation, date
What is the ALWD rule number for ordering cited authorities?
36
What are the 4 components of a full citation to a court document for a trial brief?
Document name, pinpoint reference, date filed or conducted, docket number
What does “see generally” mean?
This is used when the cited authority provides helpful background information.
Hint: You may not need a pinpoint page, but it is typically useful to add an explanatory parenthetical after this signal.
What is the meaning of the signal e.g.
"This is representative of other cases that stand for the same proposition" OR
"This is just one example of many authorities that say/assert this."
What is the best reporter to use when citing a Supreme Court case?
United States Reporter (Appendix 1(A), p. 346)
What comes first in a string citation, a statute or a case?
A statute (look at Rule 36.3)
Write the short cite for the following (for a trial brief): Dep. Jamie T. Hart 2:22, Jan. 4, 2021, No. 3:20CV1129
Dep. Hart 2:22.
Look up Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988) on Westlaw. Which set of page numbers do you follow?
Because the initial page number is 260, you follow the page numbers with one *
True or False - This formatting is correct: See (CITATION); See (CITATION); But see
(CITATION).
False. The format should be: See (CITATION); (CITATION). But see (CITATION).
Write out (on paper) the full citation for Tinker
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, __ (1969).
Which of these citations should appear first in a string cite?
Levy ex rel. B.L., 964 F.3d 170, 172 (3d Cir. 2020)
Morse v. Frederick, 551 U.S. 393, 395 (2007)
Morse goes first because it’s a Supreme Court case
How do you cite a deposition for an Appellate Court record?
R. at page #:line #.
What is the short citation format for the First Amendment?
Trick question: There is none! (Rule 13.4). You can use Id. where it is appropriate, but if Id. cannot be used, then just repeat the full citation (U.S. Const. amend. I.).
True or False - This formatting is correct:
“Where courts have been willing to accord judicial notice to facts in Wikipedia articles, they typically justify their actions by stating that the noticed facts are not subject to dispute, See E.g., First Nat'l Bank S.D., SPC, 655 F. Supp. 2d 979, 992 (D.S.D. 2009), or by stressing Wikipedia's value in addressing topics unlikely to be found in traditional scholarly works."
False - This is not correct formatting. The signals should start with lowercase because they are part of a citation clause in the middle of the sentence.
Write out (on paper) the full citation for Hopkinton Public Schools (the unreported case).
Doe ex rel. Doe v. Hopkinton Pub. Sch., No. 19-11384-WGY, 2020 WL 5638019,
*__ (D. Mass. Sept. 22, 2020).
How do you order multiple cases from different jurisdictions (i.e. different circuits) but the same court (i.e. all appellate court cases)?
Most recent to oldest (reverse chronological order)
How do you cite a deposition where the line numbers continue onto the next page?
R. at page #:line # - page #:line #.
Write out the full citation for B.L. by and through Levy
Levy ex rel. B.L. v. Mahanoy Area Sch. Dist., 964 F.3d 170, __ (3d Cir. 2020)
Hint: Rule 12.2(o) - Ex rel. means “on behalf of” so the relator (i.e. the parent, guardian, etc.) is listed first.