Citation signal


In law, a citation or introductory signal is a set of phrases or words used to clarify the authority of a legal citation as it relates to a proposition. It is used in citations to present authorities and indicate how those authorities relate to propositions in statements. Legal writers use citation signals to tell readers how the citations support their propositions, organizing citations in a hierarchy of importance so the reader can quickly determine the relative weight of a citation. Citation signals help a reader to discern meaning or usefulness of a reference when the reference itself provides inadequate information.
Citation signals have different meanings in different U.S. citation-style systems. The two most prominent citation manuals are The Bluebook: A Uniform System of Citation and the ALWD Citation Manual. Some state-specific style manuals also provide guidance on legal citation. The Bluebook citation system is the most comprehensive and the most widely used system by courts, law firms and law reviews.

Use

In legal writing, citation signals appear before the citation that is being introduced. For example:
In the above sentence, the signal See generally is used to indicate that the source presents helpful background material related to the proposition.

Signals indicating support

No signal

It is acceptable to cite an authority without using an introductory signal when the cited authority directly states the proposition, identifies the source of a quotation, or identifies an authority referred to in the text. For example:
In the above example, the author is restating numerical data from an authority and then directly quoting another authority, so no introductory signal is necessary.

''e.g.''

This signal, an abbreviation of the Latin exempli gratia, means "for example". It tells the reader that the citation supports the proposition; although other authorities also support the proposition, their citation may not be useful or necessary. This signal may be used in combination with other signals, preceded by an italicized comma. The comma after e.g., is not italicized when attached to another signal at the end, but is italicized when e.g. appears alone. Examples: Parties challenging state abortion laws have sharply disputed in some courts the contention that a purpose of these laws, when enacted, was to protect prenatal life. See, e.g., Abele v. Markle, 342 F. Supp. 800, appeal docketed, No. 72-56. Unfortunately, hiring undocumented laborers is a widespread industry practice. E.g., Transamerica Ins. Co. v. Bellefonte Ins. Co., 548 F. Supp. 1329, 1331.

Accord

"Accord" is used when two or more sources state or support the proposition, but the text quotes only one; the other sources are then introduced by "accord". Legal writers often use accord to indicate that the law of one jurisdiction is in accord with that of another jurisdiction. Examples: "ervousness alone does not justify extended detention and questioning about matters not related to the stop." United States v. Chavez-Valenzuela, 268 F.3d 719,725 ; accord United States v. Beck, 140 F.3d 1129, 1139 ; United States v. Wood, 106 F.3d 942, 248 ; United States v. Tapia, 912 F.2d 1367, 1370. "... The term 'Fifth Amendment' in the context of our time is commonly regarded as being synonymous with the privilege against self-incrimination". Quinn v. United States, 349 U.S. 155, 163, 75 S. Ct. 668, 99 L. Ed. 964 ; accord In re Johnny V., 85 Cal. App. 3d 120, 149 Cal.Rptr. 180, 184, 188 .

See

"See" indicates that the cited authority supports, but does not directly state, the proposition given. Used similarly to no signal, to indicate that the proposition follows from the cited authority. It may also be used to refer to a cited authority which supports the proposition. For example, before 1997 the IDEA was silent on the subject of private school reimbursement, but courts had granted such reimbursement as "appropriate" relief under principles of equity pursuant to 20 U.S.C. § 1415. See Burlington, 471 U.S. at 370, 105 S.Ct. 1996 ; 20 U.S.C. § 1415.

''Cf.''

From the Latin confer, this signals that a cited proposition differs from the main proposition but is sufficiently analogous to lend support. An explanatory parenthetical note is recommended to clarify the citation's relevance. For example, it is precisely this kind of conjecture and hair-splitting that the Supreme Court wanted to avoid when it fashioned the bright-line rule in Miranda. Cf. Davis, 512 U.S. at 461.

Signal indicating background material

See generally

This signal indicates that the cited authority presents background material relevant to the proposition. Legal scholars generally encourage the use of parenthetical explanations of the source material's relevance following each authority using "see generally", and this signal can be used with primary and secondary sources. For example, it is a form of "discrimination" because the complainant is being subjected to differential treatment. See generally Olmstead v. L. C., 527 U.S. 581, 614, 144 L. Ed. 2d 540, 119 S. Ct. 2176 .

Signals indicating contradiction

''Contra''

This signals that the cited authority directly contradicts a given point. Contra is used where no signal would be used for support. For example: "Before Blakely, courts around the country had found that 'statutory minimum' was the maximum sentence allowed by law for the crime, rather than the maximum standard range sentence. See, e.g., ''State v. Gore, 143 Wash. 2d 288, 313-14, 21 P.3d 262, overruled by State v. Hughes, 154 Wash. 2d 118, 110 P.3d 192. Contra Blakely'', 124 S. Ct. at 2536-37."

But see

The cited authority contradicts the stated proposition, directly or implicitly. "But see" is used in opposition where "see" is used for support. For example: "Specifically, under Roberts, there may have been cases in which courts erroneously determined that testimonial statements were reliable. But see Bockting v. Bayer, 418 F.3d at 1058."

''But cf.''

The cited authority contradicts the stated proposition by analogy; a parenthetical explanation of the source's relevance is recommended. For example: But cf. 995 F.2d, at 1137.
"But" should be omitted from "but see" and "but cf." when the signal follows another negative signal: Contra ''Blake v. Kiline, 612 F.2d 718, 723-24 ; see'' CHARLES ALAN WRIGHT, LAW OF FEDERAL COURTS 48.

Signals indicating comparison

Compare

This signal compares two or more authorities who reach different outcomes for a stated proposition. Because the relevance of the comparison may not be readily apparent to the reader, The Bluebook recommends adding a parenthetical explanation after each authority. Either "compare" or "with" may be followed by more than one source, using "and" between each. Legal writers italicize "compare", "with" and "and". "Compare" is used with "with", with the "with" preceded by a comma. If "and" is used, it is also preceded by a comma. For example: To characterize the first element as a "distortion", however, requires the concurrence to second-guess the way in which the state court resolved a plain conflict in the language of different statutes. Compare Fla. Stat. 102.166 , with 102.111 ; compare 102.112, with 102.111.

Signals as verbs

In footnotes, signals may function as verbs in sentences; this allows material which would otherwise be included in a parenthetical explanation to be integrated. When used in this manner, signals should not be italicized. See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. Pa. L. Rev. 1181, 1204-07 becomes: See Christina L. Anderson, Comment, Double Jeopardy: The Modern Dilemma for Juvenile Justice, 152 U. Pa. L. Rev. 1181, 1204-07, for a discussion of restorative justice as a reasonable replacement for retributive sanctions. "Cf." becomes "compare" and "e.g." becomes "for example" when the signals are used as verbs.

Formatting

Capitalization

The first letter of a signal should be capitalized when it begins a citation sentence. If it is in a citation clause or sentence, it should not be capitalized.

Placement and typeface

One space should separate an introductory signal from the rest of the citation, with no punctuation between. For example, See ''American Trucking Associations v. United States EPA, 195 F.3d 4.
Do not italicize a signal used as a verb; for example, for a discussion of the Environmental Protection Agency's failure to interpret a statute to provide intelligible principles, see American Trucking Associations v. United States EPA,'' 195 F.3d 4.

Order

When one or more signals are used, the signals should appear in the following order:
  • Introductory signals
  • * No signal
  • * e.g.,
  • * Accord
  • * See
  • * See also
  • * Cf.
  • Signals indicating comparison
  • * Compare
  • Signals indicating contradiction
  • * Contra
  • * But see
  • * But cf.
  • Signal indicating background material
  • * See generally
When multiple signals are used, they must be consistent with this order. Signals of the same basic type - supportive, comparative, contradictory or background - are strung together in a single citation sentence, separated by semicolons. Signals of different types should be grouped in different citation sentences. For example:
"See ''Mass. Bd. of Ret. v. Murgia, 427 U.S. 307 ; cf. Palmer v. Ticcione, 433 F.Supp. 653 . But see Gault v. Garrison, 569 F.2d 993 . See generally Comment, O'Neill v. Baine: Application of Middle-Level Scrutiny to Old-Age Classifications, 127 U. Pa. L. Rev. 798 ."
When e.g. is combined with another signal, the placement of the combined signal is determined by the non-e.g. signal; the combined signal "see, e.g." should be placed where the "see''" signal would normally be. In a citation clause, citation strings may contain different types of signals; these signals are separated by semicolons.