1. Enjoy the music We will start at the top of the hour.

2. Unit Four By Richard R. Hermes

3. How to Cite Statutes? Federal Statutes: Cite to U.S.C. or U.S.C.A. Federal Statutes: Cite to U.S.C. or U.S.C.A. 12 U.S.C. § 1986 (West 1996). 12 U.S.C. § 1986 (West 1996). 12 U.S.C.A. § 1986 (1996). 12 U.S.C.A. § 1986 (1996). State Statutes: The form varies by state. State Statutes: The form varies by state. Cal. Pen. Code § 187 (West 1989). Cal. Pen. Code § 187 (West 1989). Neb. Stat. Ann. § 212-414(b) (West 1990). Neb. Stat. Ann. § 212-414(b) (West 1990). Note: Look under Statutory Compilations for each State in your Bluebook.

4. How to Cite Constitutions? Federal: Federal: U.S. Const. amend. XX U.S. Const. amend. XX U.S. Const. art. I, § 2, cl. 3 U.S. Const. art. I, § 2, cl. 3 State: State: Cal. Const. art. XIV Cal. Const. art. XIV

5. Purpose of Citation Identify the document and document part to which the writer is referring Provide the reader with sufficient information to find the document or document part Furnish important additional information about the referenced material and its connection to the writer's argument to assist readers in deciding whether or not to pursue the reference

6. Law Reporter A law reporter (or “law report”) is a published volume of judicial decisions by a particular court or group of courts. Law reports may be either official (published by the government) or unofficial (published by a private publisher). Court citations frequently include the names of both the official and unofficial reports.

7. U.S. Supreme Court Cases The opinions of the U.S. Supreme Court are published officially in a set of case books called the United States Reports. In the citation Morgan v. United States, 304 U.S. 1 (1938), “304 U.S. 1” is the abbreviation from the U.S. Reports.

8. Commercial Publishers Supreme Court cases also appear in: The Supreme Court Reporter (S. Ct.) published by Thomson-West and; The United States Supreme Court Reports, Lawyers' Edition 2d (L. Ed.) published by Lexis

9. Supreme Court Reporter (S.Ct.)

10. United States Supreme Court Reports, Lawyers' Edition (L. Ed., L. Ed.2d)

11. What is a parallel citation? Legal writers generally use a parallel citation only where a local court rule or local custom demands that they do so. A parallel citation is an additional reference to a case that has been reported in more than one reporter. Legal writers generally use a parallel citation only where a local court rule or local custom demands that they do so. Bluebook citation reads: Morgan v. United States, 304 U.S. 1 (1938) The same reference including parallel citations reads: Morgan v. United States, 304 U.S. 1, 58 S. Ct. 773, 82 L. Ed. 1129 (1938) The main citation is to the U.S. Reports (U.S.) and the parallel citations are to the Supreme Court Reporter (S. Ct.) and to the Lawyer's Edition (L. Ed.)

12. What is the Federal Reporter? The Federal Reporter (“F.2d” or “F.3d”) is case law reporter containing opinions from the U.S. courts of appeals and the court of Federal Claims. Example: Mejdrech v. Met- Coil Systems Corp., 319 F.3d 910 (7th Cir. 2003)

13. What is the Federal Supplement? The Federal Supplement Reporter (“F. Supp.” or “F. Supp. 2d”) is case law reporter containing select opinions from U.S. District Courts. Example: Potts v. Dyncorp Intern. LLC, 465 F. Supp. 2d 1245 (M.D. Ala. 2006)

14. State Cases: Regional Reporters State cases are published in regional reporters. West's National Reporter System is a set of reporters that divides the 50 states and the District of Columbia into seven regions: South Western Reporter (S.W.2d, S.W.3d) Atlantic Reporter (A.2d) North Eastern Reporter (N.E.2d) North Western Reporter (N.W.2d) Pacific Reporter (P.2d, P.3d) South Eastern Reporter (S.E.2d) Southern Reporter (So.2d)

15. Map of Regional Reporters

16. Minnesota State Cases Minnesota Supreme Court: Minnegasco, Inc. v. County of Carver, 447 N.W.2d 878 (Minn. 1989) Minnesota Court of Appeals: Great W. Cas. Co. v. Christenson, 450 N.W.2d 153 (Minn. Ct. App. 1990) Minnesota State Capitol

17. Wisconsin State Cases Wisconsin Supreme Court: Aicher v. Wis. Patients Comp., 613 N.W.2d 849, 865 (Wis. 2000) Wisconsin Court of Appeals: Sudgen v. Bock, 641 N.W.2d 693 (Wis. Ct. App. 2002) Wisconsin Supreme Court

18. Party Names Do not include first names of parties, unless they are the name of a corporation: Cite as: Smith v. Jones Do not cite as: John Smith v. Paul Jones Cite as: Baker v. John Smith Inc.

19. Party Names If there is more than one plaintiff or defendant, use only the first party on each side. Cite as: Bush v. Gore Do not cite as: George W. Bush and Richard Cheney, Petitioners v. Albert Gore, Jr., et al.

20. Abbreviations in Case Names Check the Bluebook for common abbreviations. Look in the Index for various pages to find how to abbreviate various items Common Abbreviations: University = Univ. Association = Assn. Corporation = Corp.

21. Case Names Use “v.” and not “vs.” Use italics (not underlines) Correct: Bush v. Gore Incorrect: Bush vs. Gore Incorrect: Bush v. Gore

22. Components of a Citation Plessey v. Ferguson, 163 U.S. 537 (1896) Name of the Reporter Year of the Decision Names of the Parties Volume Number Page Number

23. Dates Generally, include only the year of the decision. Example (reported case): Bush v. Gore, 531 U.S. 98 (2000) If the case is unpublished, include the month, day, and year. Example (unreported case): Castro v. City of Chicago,1998 WL 801814 (N.D. Ill. Nov. 13, 1998).

24. United States Under the Bluebook, use “United States” when the United States is a party Do not use “U.S.” or “United States of America” “United States” is never abbreviated when the United States is a party in a case name. However, it may be abbreviated as part of another party’s name, like any other word in T.11. In textual sentences, “U.S.” may be used as an adjective, but it should never be used as a noun. For example: United States v. Church of Scientology W. U.S., 973 F.2d 715 (9th Cir. 1992).

25. Short Cite: Consecutive Citations Give the long cite when a case is first cited in a document. On references to the same case immediately following that case (or “consecutive citations”) use the short cite format with “Id.” McDonald v. Eubanks, 731 S.W.2d 769, 770 (Ark. 1987). Full cite: McDonald v. Eubanks, 731 S.W.2d 769, 770 (Ark. 1987). Id. Short cite now citing page 771: Id. at 771. Short cite still citing page 770: Id. Short cite now citing page 771: Id. at 771.

26. Short Cite: Non-consecutive Citations If the long cite has been previously given but the cite does not immediately follow the cite (e.g. new cites are given), use the short cite format for non- consecutive citations. Long Cite: “The Fourth Amendment protects people, not places.” Katz v. United States, 375 U.S. 76, 82 (1965). Short Cite (non-consecutive citation): “The Fourth Amendment protects people, not places.” Katz, 375 U.S. at 82.

27. What is a pinpoint citation? A pinpoint citation is the page on which a quotation or relevant passage appears, as opposed to the page on which a case or article begins. For example, the number 217 refers to the page number in the pinpoint citation for Baker v. Carr, 369 U.S. 186, 217 (1962) Also called jump cite; pincite McConnell v. Federal Election Commission, 540 U.S. 93 (2003) is a U.S. Supreme Court case 300 pages in length. Imagine trying to find a quote in a 300 page case without a pinpoint cite. Aaaargh!

28. Pincite More examples: Long cite: “The Fourth Amendment protects people, not places.” Katz v. United States, 375 U.S. 76, 82 (1965). Short cite (consecutive): “The Fourth Amendment protects people, not places.” Id. at 82. Short cite (non-consecutive): “The Fourth Amendment protects people, not places.” Katz, at 82. The first page of the opinion is on page 76 and the page where the quotation appears is on page 82.

29. More Examples: Cases U.S. Court of Appeals for the Seventh Circuit: Kennedy v. Nat'l Juvenile Det. Ass'n, 187 F.3d 690 (7th Cir. 1999) U.S. District Court, District of Minnesota: Haghighi v. Russian-American Broad. Co., 945 F. Supp. 2d, 1233 (D. Minn. 1996)

30. Unpublished Cases Cases published in law reporters are “reported” or “published” cases. Unpublished cases may also appear on court websites or Westlaw and Lexis, the leading online legal research services. Courts may have local rules that prohibit attorneys from citing to unpublished cases.

31. Web Resources http://www.law.cornell.edu/citation/ Introduction to Legal Citation; Lots of Examples http://www.legalbluebook.com/ Official Bluebook Site (online subscription available and FAQs)

32. In any online research engine: Make sure you are limiting your search by the jurisdiction. Searching Statutes Hints

34. Take a look at the video I posted in Announcements today. It will help you with the assignment this week. Notice that in the video I use the term “contributory negligence” while the scenario uses a different term.

35. There are subtle differences between “contributory negligence” and “comparative negligence” statutes from state to state. Note: often times the words “negligence” and “fault” are used interchangeably.

36. Here is a link that will help you see how each state has fashioned their laws in this area. http://www.the-injury-lawyer- directory.com/negligence_chart.html http://www.the-injury-lawyer- directory.com/negligence_chart.html Cut and paste this into a search engine.

37. Assignment for Unit Four Based on the slip and fall fact pattern from the previous two weeks please provide the following information. Please note the additional facts that were brought into the case that will help with this week’s research. Just to refresh your memory here are the facts that we have so far:

38. Samantha Smith came into our office. She was shopping at a local grocery store a few months ago and had an accident. While she was in the aisle with shower items she slipped and fell on some shampoo that had leaked out of one of the bottles.

39. Samantha had to be taken to the hospital. She was diagnosed with a broken hip and had to spend the night at the hospital. She will also have to go through many months of physical therapy. Samantha has no healthcare insurance and is a young single mother to a 2 year old son.

40. The store says that they were not aware of the spill of the shampoo. The store said that an employee checks the aisles for anything on the floors at the top of the hour. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses.

41. The shampoo on the floor was a clear gel. She fell about 1:30 p.m. The store log says an inspection was last done at 1:00 p.m. The accident happened at a store in Indiana.

42. We filed a complaint in trial court alleging negligence on the part of the store and seeking damages for Samantha’s injuries. In its answer to our complaint that we filed last month, the store alleges that Samantha had a duty to avoid the spill in the aisle.

43. The store claims that she is at much as fault as they are. Further they allege that she was too distracted by her 2 year old son in the cart, who was misbehaving, to notice the floor.

44. Part I: Part I: Please search for a statute in Indiana that discusses comparative fault. Please provide the full citation to the statute as well as a short FIRAC applying it to this case. Your FIRAC should be in the form of a short interoffice memorandum. Please search for a statute in Indiana that discusses comparative fault. Please provide the full citation to the statute as well as a short FIRAC applying it to this case. Your FIRAC should be in the form of a short interoffice memorandum.

45. Part II: Part II: Try finding a comparative fault statute for another state. Give the full citation and a short summary of the statute. Try finding a comparative fault statute for another state. Give the full citation and a short summary of the statute.

46. Take a look at the video I posted today to help you streamline your search when looking for state statutes. Take a look at the video I posted today to help you streamline your search when looking for state statutes.

47. No Seminar Next Week Next week is a good opportunity to catch up on reading and other item. Next week is a good opportunity to catch up on reading and other item. Look ahead the second half of the course. Look ahead the second half of the course.