The Last Day of Bluebooking

Citation Signals BLUEBOOK RULE 1.2 Citation Signals can be a short form of case citation. They also indicate the purpose for which a source is cited. No signal indicates that the citation is authority for the proposition of law stated.

The Form of Citation Signals Signals are always underscored or italicized when they appear in citation sentences. (P1(c)). There are supportive, comparative, contradictory, and background signals. Rule 1.3. (See, see also, compare …with, etc.)

Citations Indicating Support “See” indicates support and should be used if the proposition o f law obviously flows from the source. States have required defendants to prove both insanity and self-defense. See State v. Caryl, 543 P.2d 389, 390 (Mont. 1975); State v. Hinson, 172 S.E.2d 548, 551 (S.C. 1970).

Citations Indicating Support “See also” is used for an additional source which supports the proposition and where the sources which directly state or support the proposition have already been discussed. A parenthetical should explain the relevance of the source. It was clear from all the following cases that a kitchen tool is not a dangerous instrument.. See also, Ronko v. Bond, 9 F.3d 2, 9 (2d Cir. 1993) (Salad shooter held not to be a dangerous instrument).

Quotations; Rule 5.1 Heavy reliance on quotations is often a sign of inadequate analysis. You may be able to put the idea in your own words more effectively and efficiently. You should not quote a court’s description of the facts.

Longer Quotations Quotations of fifty or more words should be indented left and right without quotation marks. Important statutes or restatement sections should also be “block quoted.”

Quotations The citation for the block quote should not be indented but should begin at the left margin of the line immediately following the quotation (see page 44 of the bluebook). Quotations of forty-nine or fewer words should be enclosed in quotation marks but not set off from the text. Use single marks for a quotation within a quotation.

Punctuation in Quotations Always place commas and periods inside the quotation marks. Place other punctuation marks inside the quotation marks only if they are part of the matter quoted. Semicolons and colons otherwise go outside quotation marks.

Alterations in the Text; Rule 5.2

Alterations in the Text; Rule 5.2 When a letter must be changed from upper to lower case, or vice versa, enclose it in [brackets]. Substituted words or letters should also be bracketed . “[P]ublic confidence in the [adversary] system depends upon disclosure.”

Alterations in the Text; Rule 5.2 Indicate in a parenthetical clause after the citation any change of emphasis or omission of citations. “The section applies to non consumers as well.” Fuller v. Jones, 99 So. 2d 74, 88 (Ala. 1988) (emphasis added).

Omissions in Text; Rule 5.3

Omissions in Text; Rule 5.3 When using quoted language as a phrase or clause, don’t indicate the omission. Extreme and outrageous conduct is “utterly intolerable in a civilized society.” (Citation omitted).

Omissions in Text; Rule 5.3 When quoting language as a full sentence, omission of words is indicated by the insertion of an ellipsis, three periods separated by spaces and set off by a space before and after. “Liability in such a case as this one depends upon . . . getting caught.” Seymour v. Butts, 106 So. 2d 175, 178 (Ala. 1980).

Omissions in Text; Rule 5.3 When quoting language as a full sentence, ellipses should never be used to begin a quotation. Capitalize and bracket the first letter if it is not already capitalized. “[T]here is no duty to protect another person from the violent propensities of a third person.” (Citation omitted).

Omissions in Text; Rule 5.3 When quoting language as a full sentence, omission of the language at the end of a quoted sentence should be indicated by an ellipsis between the last word quoted and the final punctuation of the sentence quoted. “Never count your chickens . . . .”

Writing Style Tips 1) Be clear and concise. 2) Use the active voice. 3) Avoid mangled modifiers. 4) Use proper punctuation.

Writing Style Tip #1 Write simply- Be Clear and Concise.

Be clear and concise by avoiding litter words You can make your writing more concise by eliminating litter words, which are unnecessary prepositions, articles or other small words.

Litter Words Question every “of” This type of obligation= this obligation This court of appeals=the appellate court Typically you can delete these: The amount of the existence of The case of the presence of The concept of the extent,degree of

Litter Words Watch for other prepositions: In the event of=if For the purpose of=of At this point in time=now Previous to=before In order to=to For the reason that=because In the nature of=like

Clarity and Conciseness #1 The company's failure to purchase insurance breached the dismantling contract by failing to comply with the obligation imposed by paragraph G. The company’s failure to purchase insurance breached the dismantling contract by failing to comply with paragraph G’s obligation.

Clarity and Conciseness #2 The commission went on to conclude that the plaintiff should not have been in court at all. The commission concluded that the plaintiff should not have been in court.

Clarity and Conciseness #3 The purpose of this brief will be to examine the Equal Rights Amendment as a positive defense in an employment discrimination case. This brief examines the Equal Rights Amendment as a positive defense in an employment discrimination case.

Clarity and Conciseness #4 Our client, Jones, will argue that the sales price would have been taxable whether or not the book was sold directly to the vendors or the end consumer. The sales price would have been taxable whether or not the book was sold directly to the vendors or the end consumer.

Writing Style Tip #2 Use the Active Voice

Identifying Active Voice The subject of the sentence is doing the action described by the verb. Example: The judge overruled the objection.

Identifying Active Voice The subject of the sentence is doing the action described by the verb. Example The judge overruled the objection. (subject)

Identifying Active Voice The subject of the sentence is doing the action described by the verb. Example The judge overruled the objection. (subject)  (verb)

Identifying Active Voice The subject of the sentence is doing the action described by the verb. Example The judge overruled the objection. (subject)  (verb)  (direct object)

Identifying Active Voice Passive voice The subject of the sentence is having the action of the verb done to it. Example The objection was overruled by the judge.

Identifying Active Voice Passive voice The subject of the sentence is having the action of the verb done to it. Example The objection was overruled by the judge. (subject)

Identifying Active Voice Passive voice The subject of the sentence is having the action of the verb done to it. Example The objection was overruled by the judge. (subject)  (verb)

Why Active Voice Is Preferred It is more concise. It uses a more vigorous verb. Examples: The plaintiffs filed a complaint in the superior court. A complaint was filed by the plaintiffs in superior court. (The auxiliary verb “was” and the preposition “by” dilute the energy of “filed.”)

Why Active Voice Is Preferred Active voice also allows information to be processed more readily. Which can you process faster? The deposition must be offered into evidence by the defendant’s attorney. OR The defendant’s attorney must offer the deposition into evidence.

Effective Use of Passive Voice 1. Where the agent is unknown (agent =person or thing performing the action) Example: A portion of the tape was erased.

Effective Use of Passive Voice 2. To purposely obscure agency. Example: Toxic fumes were ventilated out of the plant between 2:00 and 3:00 a.m.

Effective Use of Passive Voice 3.To emphasize the deed, rather than the doer. Examples: A cure for Alzheimer’s disease has been found. All four defendants were convicted of first degree murder.

Rewrite these sentences in the active voice. 1. The idea that to prevent the dumping of toxic waste was intended by the legislature was focused on by the Montana court. The Montana court focused on the idea that the legislature intended to prevent the dumping of toxic waste.

Rewrite these sentences in the active voice. 2. Important particularities are stated in the fourth amendment: the place to be searched and the things to be seized must be stated in the warrant. The fourth amendment stipulates important particularities: the warrant must state the place to be searched and the things to be seized.

Rewrite these sentences in the active voice. 3. A lawful business will not be enjoined without a clear showing that it is impossible or impractical to eliminate its offensive features. EFFECTIVE USE? Doer is not as important as the deed if you are explaining “injunctions.”

Rewrite these sentences in the active voice. 4. For the next ten years, the easement was used by all the landowners. For the next ten years, all the landowners used the easement. Effective Use? It depends. Effective if use of the easement is important and the landowners are not. Otherwise, active voice is more concise.

Nominalizations Nominalization is the practice of changing verbs to nouns and as a result burying the real action of the sentence into the noun (rather than the verb).

Nominalizations Like the use of passive voice, the practice of nominalization tends to make writing wordy and lifeless. Example (compare the verbs): Our case is an illustration of this point. Revised Our case illustrates this point.

Nominalizations Consider these examples: Reached an agreement= agreed Made a statement= stated Perform a review= review Make a recommendation= recommend Supports an inference= infers Made the assumption= assumed

Re-write the following sentences The police conducted an investigation into the matter. The police investigated the matter.

Re-write the following sentences The court found the landlord in violation of the statute. The court found the landlord violated the statute.

Re-write the following sentences We are in agreement with your argument but if it is your intention to cause delay, we will stand in opposition to your motion. We agree with your argument but if you intend to cause delay, we will oppose your motion.

Writing Style Tip #3 Don’t mangle your modifiers

THREE TYPES Misplaced modifiers Dangling modifiers Squinting modifiers MANGLED MODIFIERS THREE TYPES Misplaced modifiers Dangling modifiers Squinting modifiers

MISPLACED MODIFIERS Rule: Keep modifiers close to the word or words they modify. Frequent offenders: almost, also, even, ever, exactly, hardly, just, merely, nearly, not, only, scarcely, simply

MISPLACED MODIFIERS Example: In Smith v. Jones, using land thirteen feet west of their boundary, a patio was built by the claimants.

MISPLACED MODIFIERS Example: In Smith v. Jones, using land thirteen feet west of their boundary, a patio was built by the claimants.

MISPLACED MODIFIERS Example: In Smith v.Jones, using land thirteen feet west of their boundary, the claimants built a patio.

DANGLING MODIFIERS Rule: Do not leave your modifier “dangling”--without a noun in the sentence to modify. Example: Looking at Winfield’s acts alone, it would seem that his claim to the property was hostile.

DANGLING MODIFIERS Rule: Do not leave your modifier “dangling”--without a noun in the sentence to modify. Example: Looking at Winfield’s acts alone, it would seem that his claim to the property was hostile.

DANGLING MODIFIERS Rule: Do not leave your modifier “dangling”--without a noun in the sentence to modify. Example: Looking at Winfield’s acts alone, the court may find that his claim to the property was hostile.

SQUINTING MODIFIERS Rule: Do not place your modifier where it would appear to modify both the term that precedes it and the term that follows it. Example: Since the bathhouse’s completion, the Winfields have used it and the surrounding land both during the summer and winter.

SQUINTING MODIFIERS Rule: Do not place your modifier where it would appear to modify both the term that precedes it and the term that follows it. Example: Since the bathhouse’s completion, the Winfields have used it and the surrounding land both during the summer and winter.

SQUINTING MODIFIERS Rule: Do not place your modifier where it would appear to modify both the term that precedes it and the term that follows it. Example: Since the bathhouse’s completion, the Winfields have used both it and the surrounding land during the summer and winter.

SQUINTING MODIFIERS Rule: Do not place your modifier where it would appear to modify both the term that precedes it and the term that follows it. Example: Since the bathhouse’s completion, the Winfields have used it and the surrounding land during both the summer and winter.

Rewrite the following sentences 1. For sale: Piano by man going to Europe with carved legs.

Rewrite the following sentences 2. Jonathan is vice president of a computer corporation in Chicago earning approximately $800,000 a year.

Rewrite the following sentences 3. My client has discussed your proposal to fill the drainage ditch with his partners.

Use Proper Punctuation: Writing Style Tip #4 Use Proper Punctuation: See Hand-outs

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