Practical Citation Rules

There are many citation styles one could use in writing briefs—The Bluebook, The Redbook, the University of Chicago Manual of Legal Citation, the California Style Manual, and so on.  One is not inherently superior to another.  If the court that will consider the brief has a required style, then that ends the matter. The fundamental rules for good citations are a very few: citations must provide everything the reader must know to locate the source; citations need to be simple, easy to understand...

Have You Seen the Whole Statute?

Many laws are enacted as a coherent whole and then divided and separated when they are codified.  Part of the statute may be sprinkled into the jurisdiction and procedure code, part into one substantive code and the rest into another.  Additionally, within one code, sections of a single statute may appear widely separated.  Two federal examples: The Chief Financial Officers Act of 1990 appears in the following United States Code titles: 5, 31, 38 and 42. The Child Abuse, Domestic Violence, Adoption...

Researching Uncodified Law for Appellate Briefs

If things did not go so well in the trial court, an attorney may want to return to the books for more research for the appellate briefing.  In cases involving statutory issues, there may be relevant law that has not been codified that may make the difference.

It’s easy to assume that the code book in your hand or the sections that appear initially on the computer screen contain all the laws.  Not so.  Legislatures enact many laws that are not codified at all or are codified only in part.  Common examples include:

• Preambles and recitals.  See generally Arkansas State Police Comm’n v. Davidson, 253 Ark. 1090, 490 S.W.2d 788, 789-90 (1973); Ky.Op.Atty.Gen. 82-566 (Nov. 5, 1982); Wesley Chapel Bluemount Ass’n v. Baltimore County, 347 Md. 125, 699 A.2d 434, 435 (1997) (statement of “legislative policy undergirds and pervades the Act and necessarily sets the general direction for its interpretation”);