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    APA 7th Edition, Legal References

    Uploaded by

    SREEYA SENGUPTA

    Copyright:

    © All Rights Reserved
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    GAL REF©RENCES le, most legal materials are cited ; nAPA SY ft references across all discreet the Standard legal od for 88 all disciplines. legal citat sail strom the APA Style references otic lle bas able his chapter, We provide information on how eer 10. from legal style references; general guide °A Style references dif- fe fetes in-text citation forms for Teg aed APA Sele pleferences used in APA Style paper, including cout decsoms eee tive materials, administrative and executive materials pace ressand charters, and treaties and international conventions for theca of ter. only United States and United Nations lea examples ae provided in we er For more information on preparing these and other knee eta references, consult The Bluebook: A Uniform System of Citation (Bluebook, eae General Guidelines for Legal References 111 APA Style References Versus Legal References isting legal references are usually already written in legal style and require fev, if any, changes for an APA Style reference list entry. Note that some court decisions are reported in multiple places, which is called parallel citation (see fsample 6), When a work has parallel citations, include all the citations in your reference list entry. Existing legal citations generally include the parte ciations already, so you should not need to do additonal research to find them, The in-tent eitetion for a legal work is created from the reference list entry (see Section 11.3). i eee Ensure that your ae references are accurate and ana ae "aon necessary to enable readers to locate the Work the lutea we questions beyond what is covered in this chapter 355 Scanned with CamScanner peGAL REFERENCES je, most legal materi in APA Sty! -gal materials are cited i aie sacar oer Gisciplines, Hoes tal ciation aye iferens wjle references outlined inches inthis chaps we provide inforaaneren ey Chapter yeh notable fer from legal soe eee general guidelines for °A Style references dif- references: in" eS ation forms for legal materials, aa eae APA Style legal, references used in APA Style papers, including ed examples of common isions, statutes, legislative materials, administrative and executive materials, patents, , constitu tions and charters, and treaties and internati $ I ational i sen pnly United States and United Nations ef Cumple ec pened For more information on preparing these and ee epee this chapter. references consult The Bluebook: A Uniform System of Citation (Bluebook, 2015). General Guidelines for Legal References 11.1 APA Style References Versus Legal References Existing legal references are usually already written in legal style and require few, ifany, changes for an APA Style reference list entry. Note that some court decisions are reported in multiple places, which is called parallel citation (see I the citations in Example 6). When a work has parallel citations, include all your reference list entry: Existing legal citations generally include the parallel Citations already, so you should not need to do additional research to find the reference list them, The in-text citation for a legal ‘work is created from entry (see Section 11.3). Ensure that your legal reference’ mation necessary to enable readers to loc have questions beyond what is covered in 355 — 5 are accurate and contain all of the infor- eferenced. Ifyou k being f ate the WORK DES pe ube .s chapter, const! Scanned with CamScanner 356 Co LEGAL REFERENCES Jaw librarian, or a law school website for help. For example, the Legal Infor. mation Institute at Cornell [.aw Schos! provides free guidance on legal cita- tions (https://www:law.cornell.edu). These resources will help you verify that your legal references (a) contain the information necessary for retrieval and (b) Teflect the current status of the legal authority cited to avoid the possibility of relying on a case that has been overturned on appeal or on legislation that has been significantly amended or repealed. Table 11.1 summarizes key differences between APA Style references and legal style references. 11.2 General Forms AA general form is provided for each of the legal reference types in the sections that follow. Each reference form usually includes a popular or formal title or name of the legislation and the reference information, which is called the citation. » The term “citation' APA Style. In this chapter, the legal reference sen: it appears without the modifier “in-text.” Refer to the published statutory compilation of legislative materials where the legislation is codified (e.g., a specific numbered section of a specific volume of the United States Code), including the compilation’s publication date in parenthe- ses, if the legislation has been codified. If the legislation has not yet been cod- ified, provide the identifying label for the legislation assigned by the enacting body during the particular legislative session (e.g., a specific section of an act identified by its public law number). For both legislation and court decisions, the reference may be followed by certain additional descriptive information that pertains to the content of the legislation or court decision, the history of the legislation or court decision (e.g, later appeals of court decisions or later amendments to legislation), or other sources from which the legislation or court citation may be retrieved. Consult the Bluebook for the proper format for such additional information. Table 11.1 Key Differences Between APA Style References and Legal References ‘Order of elements in the Usually the fitle)S8Ure8) and reference list entry In-text citation Usually the Blithorand Wea | Usually the fitlé and eae Version of work being —_| The @XsetVBIBION used ‘The Version of record as published in an official referenced legal publication such as the United States Code or the Federal Register, plus a URL (optional for the version used Use of standard Used for partsiofia work Used for common legal entitiesiand publications abbreviations (eg, "2nd ed." for a second | (e.g., "S.” for the Senate an the edition) House of Representatives) Scanned with CamScanner Retr, C spy ~ Common Legal Reference Abbrey = ioe pot Se eae of ation Region enolic “eco sections number rd folowing source) of federal legal material ed states Reports | Reporter | Reporter, Second Series Faderal Reporte, Third Series Federal Supplement | Supplement, Second Series federal Supplement, Third Series United States Code Congressional Record Federal Register Because legal references may include a great deal of i 7 infor it tion to a case may include information about appeals), anaes bier abbreviations to make references shorter. See Table 1.2 for some afi a the more common legal abbreviations that appear in APA Style papers, = 41.3 In-Text Citations of Legal Materials Although the reference formats for legal materials differ from those of other kinds of works cited in APA publications, in-text citations are formed in approx- imately the same way and serve the same purpose. Most legal reference entries begin with the title of the work; as a result, most in-text citations consist of the title and year (e.g., Americans With Disabilities Act, 1990; Brown v, Board of Educa- ton, 954) Ifthe title is long (e.g. for federal testimony), shortenit for the in-text ciation (see Example 11), but give enough information in the in-text citation to enable readers to locate the entry in the reference list. Examples of in-text cita- tionsand reference entries for legal materials are given inthe sections that follow. legal Reference Examples 14 Cases or Court Decisions Aref ne 1g information: Teference for a case or court decisio n includes the followin, *t another title or name of the case, usually one party ee of Education); a (e.gu Brown ¥- eS Scanned with CamScanner ws LEGAL REFERENCES ie of one of the various sets of books reporters, which typically contain visions, wich are called jurisdic. «+ citation, usually to a volume anc where published cases can be found decisions of courts in particular politic tions (eg. Federal Reporter, Second Series) + precise jurisdiction of the court writing the decision (e.g., Supreme Court, New York Court of Appeals), in parentheses: the decision, in parentheses (in the same s present); and i i ional; this is not . i retrieved the case information (optional See aia be s but may aid readers in retrieval). strictly required for legal citation: for the case you want to cite, first identify the then follow the relevant example. Often, the et of parentheses as the + date of jurisdiction if both are ‘To create a reference list entry decided the case and t eleva ; y ee bout the case will have the relevant citation included, orit can easily be retrieved by searching the internet for the name ofthe court decision and the word “citation.” When a reference list 1 page number, provide only the first page number. Do range for the whole case or decision. entry fora case or court decision includes not provide the page Federal Court Decisions. The United States has both federal and state court systems. Within federal courts there are multiple levels of authority, and deci- sions from these courts are published in different publications. + US. Supreme Court: Decisions from the U.S. Supreme Court, the highest federal court, are published in the United States Reports (other reporters may also publish Supreme Court decisions). The template for Supreme Court decisions is as follows: Reference list: Name v. Name, Volume U.S. Page (Year). URL Parenthetical citation: (Name v. Name, Year) Narrative citation: Name v. Name (Year) * US. Cireuit Court: Decisions from the U.S. Circuit Court are publi t .S. ished in the Federal Reporter. The template for US. Circuit Court decisions is 28 follows: Reference list: Name v. Name, Volume F. [or F2d, F.3d] Page (Court Ye Porenthetical citation: (Name v. Name, Year) uses pen fer Narrative citation: Name v. Name (Year) + US. District Court: Decisions from the U.S. Distric i 1S. t Court are published in fe Relea ‘Supplements. The template for U.S. District Court decisions isas Reference list: Name v. Name, Volume F. Su list: . * Supp. Page (Court Year). Paenthetica citation: (Name v. Nome, Year} cana Narrative citation: Name v. Name (Year) Scanned with CamScanner ——_—"_ ~~ aampres Sw 359 ions. At the state level, at eso courts also : oe ifferent states have different names far tie gens eee Fatty solo * forthe levels. These ee .e court: The state supre is pre i tl me court is ; «the state of New York is one exception; the ene pa ghee on ey ‘appeals is the high- sate court: The state court of appeals, a , state sp mediate court wherein precedent fear be oat a a ed. gsthe s : The state trial court is trial courts is the lowest . oe isl Gecisons are seldom cited because e/a aa ans fees wand they Te not reported in the prominent legal databases Nens Uni eet Nexis Academic) or WestLaw. - spetemlatef0F tate court decisions is as follows: st ame v. Name, Volume Reporter Page (Court Yea), URL ce list Parone cation: (Name v. Name, Year) ative tation: Name V Name (Year) 4,us. Supreme pownv. Board of 34705483 parenthetical citation: (Brown v Board of Education, 1954) Narrative cation: Brown v. Board of Education (1954) uS. Supreme Court decisions are published in the United States Reports (abbrevi- oe/"US"in the reference). For example, the decision to eliminate racial segrega- fin in public schools, Brown v. Board of Education was published in Volume 347 of the Unted States Reports, on page 483, in the yeah 1954. Cite Supreme Court deci- Sons as published in the United States Reports ‘whenever possible; cite the Supreme out Reporter for cases that have not yet been published in United States Reports. Court case, with a page number Education, 347 U.S. 483 (1954). https://www.oyez. corg/cases/1940-1955/ 2US. Supreme Court case, without @ Pag° number Obergetell. Hodges, 576 U: .__(2015).https://www. upremecour. gov/opinions/ 4p” 14556, 3204.pdf Porenthetical citation: (Obergefell v. Hodges, 2015) Narrative ctation: Obergefellv. Hodges (2015) * The court decision to legalize same-sex marriage in ited States, Obergefell + Hodges, occurred in 2015 and was published in Volume 576 ofthe United tts Reports. However, as of the printing of this Publication ‘Manual, the paginated Vo umes ofthe United States Reports have been published only for decisions throug! the 2012 Supreme Court term. For cases that have not been assigned a page num- ber (like Obergefll v. Hodges), include three underscores instead of the page ‘umber in the reference list entry: 3US. ci 'S. circuit court Ph ad 1128 9th Cit. 1991) ttps//openiurist. Dy oa Merrell Dow Pharmaceuticals Inc, 951 F 51/24/1128/wiliam-dauber-wmerl : Pharmaceuticals Inc, 199% Pha inc. (1991) Porentheti hetical citation: (Daubert v. Mere "Narrative citation: Daubert v. Merrell Dow Pharmaceuticals: ad Scanned with CamScanner 360 CW LEGAL REFERENCES * This court decision regarding birth defects sealing irom medication use during pregnancy appeared in Volume 951 of tise Federal Reporter, Second Series, on page 1128, and was decided by the 9th Circuit Court in the year 1991, 4. US. district court case Buriola v, Greater Toledo YMCA, 133 F. Supp. 2d 1024 (N.D. Ohio 2001). https:/law justia, com/cases/federal/district-courts/FSupp2/133/1034/2293141/ Parenthetical citation: (Burriola v. Greater Toledo YMCA, 2001) Narrative citation: Burriola v. Greater Toledo YMCA (2001) This court decision stating that children with special needs should receive accom. modations for services at public after-school-care providers under the Americans With Disabilities Act of 1990 appeared in Volume 133 of the Federal Supplement, Sec. cond Series, on page 1034. It was decided by the U.S. District Court for the Northern District of Ohio in the year 2001, 5. U.S. district court case with appeal Durflingerv. Aries, 563 F. Supp. 322 (D. Kan. 1981), aff, 727 F.2d 888 (10th Ci. 1984), httpsi//openjurist.org/727/12d/888/durflinger-v-artiles Parenthetical citation: (Durflinger v. Artiles, 1981/1984) Narrative citation: Durfinger v. Artiles (1981/1984) * This court decision regarding whether third parties should be protected from involuntarily committed psychiatric patients in state custody was rendered by the federal district court for the District of Kansas in the year 1981. On appeal, the decision was affirmed by the federal-level 10th Circuit Court of Appeals in 1984. Information about both the original decision and the appealed decision appears in the reference list entry. * Ifon appeal the decision is affirmed, the abbreviation “afi? is used between the two components, in italics and set off by commas; ifthe decision is overturned or reversed, the abbreviation “revd is used, in italics and set off by commas. * Consult the Bluebook for the proper forms of the various stages in a case's history. 6. State supreme court case Tarasoff v. Regents of the University of California, 17 Cal.3d 425, 131 Cal. Rptr. 14, 551 P2d 334 (1976). https://emw.casebriefs.com/blog/law/torts/torts-keyed-to-dobbs/the-duty- to-protect-fromthird-persons/tarasoftv-regents-of-university-of-eaifornia Parenthetical citation: (Tarasoff v. Regents of the University of California, 1976) Narrative citation: Tarasoff v. Regents of the University of California (1976) * This court decision held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. It was decided by the Supreme Court of the State of California in the year 1976, * The court decision was reported in three places, which are all included in the par- allel citation (see Section 11.1), shown here separated with commas, These three sources are Volume 17 of the California Reports, Third Series (Cal.3d), page 425; Vo ume 131 of the California Reporter (Cal. Rptr.), page 14; and Volume 581 of the Reporter, Second Series (P.2d), page 334. All three report locations are generally reported together, so no additional research is needed to find them, Scanned with CamScanner ‘e9alReterence Examples car 36 1 late 0 2 PPE 6 te PF les, 825 $ 4.2d 201 (Tex. Ct App, 199 gs NOT gnosw2di20111010 2), https sea 027 820" New leagle.com/decision a citation: (Texas v. Morales, 1992) tation: Texas v. Morales (1992) porontheti arative decision found that the e js court dee ituti qual prot ibe Texas constitution probibit the cr ee 1 Mong adults in private, It was publi and due ivity abalionsof conn an sii e same: st er ede ae 20, diddy fe Tene es ee Ws she yeat 1992 tate Court of Appeals in "5 statutes (Laws and Acts) passed by a legislat ; eis aw oF act Pi gislative body. As wit! pat oth te ederal and sate level, Heidt eane tte i state government, passed by Congress eral statutes are PU lished in the United State ede eections called ites—for example, Rei ee icon, ir welfare. New laws are then added to the appropriate title a ee ing the law organized. State statutes are published in pilespouhe congie. infor exarnple statutes pertaining to the state of Florida are published in the Florida Statutes. State statutes are also typically organized into titles. MMe reference list entry fora federal or state statute, include the name of heat: the ttle, source (abbreviated as specified in the Bluebook), and section vrper of the statute; and, in parentheses, the publication date of the stat- story empilation you used (e.g. the U.S.C. or a state-specific compilation). You may include the URL from which you retrieved the statute after the year. Treks pot strictly required for legal citations but may aid readers in retrieval. icin text citation, give the popular or oficial name of the act (if any) andthe year of the act. Determining the year for the statute can be confusing sane There is often a year when the statute was firs passed, a year when it vasamended, and a year when it was supplemented. The year in the reference listentry and in-text citation should refer to the year in which the statute was published in the source being cited. This date may be different from the year in thename of the act. The template for federal or state statutes is as follows: Reference list: Name of Act, Title Source § Section Number (Year). URL Parenthetical citation: (Name of Act, Yea") aotae citation: Name of Act (Yea?) : format for state statutes may differ depending on the state but generally ebook of ant a the same format as for federal statutes. Consult the Bh or another Tesouree for further information on YOU" PaT oo fe {erates use chapter or article vnumbers instead of section ‘numbers; for are {fase toa statute from one of these use the chapter ape eference in place of the section Um yer. Use a min the Bluebook. i dified i Te ‘i it te as it was codified in ta federal statute (.e~ 910 act), cite the taint ct as wel this mand States Code. You may Se ° publi law name codified in scattered is used in the reference list entry WED the act states, Scanned with CamScanner 362 Cw LEGAL REFERENCES .-dified (see Example sections (see Example 9) or to refer t £ Seates Code in a single 11), However, if a statute has been codified section or range of sections (see Example public law number in the reference. Next are several examples of acts commonly’ cites tions to other federal statutes follow the same format, 8. Federal statute, Americans With Disabilities Act of 1990 ‘Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (1990). https://www, ada.gov/pubs/adastatute08.htm Parenthetical citation: (Americans With Disabi Act, 1990) Narrative citation: Americans With Disabilities Act (1990) + This act can be located beginning at Section 12101 of Title 42 of the United States Code and was codified in the year 1990. The phrase “et seg.” is Latin for “and what follows” and is a shorthand way of showing that the act covers not only the initial section cited but also others that follow. 9. Federal statute, Civil Rights Act of 1964 Givil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964). https://www.govinfo.gov/ content/pkg/STATUTE-78/pdi/STATUTE-78-Pg241.pdf (Civil Rights Act, 1964) vil Rights Act (1964) * The Civil Rights Act of 1964 is codified in the United States Code in three scattered sections: 2 US.C.,28 US.C.,and 42 US.C. To cite the entire act, use the public law number as shown in the example. Parenthetical cit Narrative citation: 10. Federal statute, Every Student Succeeds Act Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https:/Aumw. plaws/publ95/PLAW-1 14pubI95, pdf te gee ea Parenthetical ci Narrative citation: n: (Every Student Succeeds Act, 201 5) very Student Succeeds Act (2015) public primary and secondary schools. It was codified in. i! States Code in Section 6301 inthe ‘year 2015, otied in Tite ek ts Ute 11. Federal statute, Lily Ledbetter Fair Pay Act of 2009 Lilly Ledbetter Fair Pay Act of 2009, Pub. L. No. W govinfo gov/eontent/pka/PLAW. 11 1publ2/pdi/PLAW.41 Ipubl2.paf Parenthetical citation: (Lilly Ledbetter Fai Narrative citation: Lilly Ledbetter Fir Pay ma om 1-2, 123 Stat. 5 (2009). https://www. Scanned with CamScanner Y itle IX (Petsy Mi al TH ink Equal Opportunity in yt sequel ortunity in Education Act, 20 U.S.C § 169 wi! overtile-neducationamendments1972 1 et: 8) justice ~ xation: (Patsy Mink Equal Of F petical citation Live )pportunity in Educat ne eg Pas ikEqOpparityn a 1972) vs MK sus! Opportunity in Edveton Act com 2 _ ie rmination onthe basi fsx in Felony ktown as Tite oe irs such as sports. It was published in Volume 20 ofthe funded educational pening t Section 1681, inthe year 1972. Note that “Title i Ueda Cae, veton

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