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Bluebooking Lesson 5

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Kate Crowley

on 23 October 2013

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Transcript of Bluebooking Lesson 5

Bluebooking Lesson 5
Bluebook Signals
1. No Signal
2. Positive Signals
3. Comparative Signals
4. Negative Signals
5. Using Multiple Signals
6. Tips for Signal Use
7. Put it all together.

No Signal
Yes, no signal is a signal. No signal is the most common signal.

Use no signal when:

1. The source cited directly supports the proposition in your text.
2. You've quoted the source in your text.
3. The citation identifies an authority named in your text.
Positive Signals
Four positive signals to discuss:
1. See
2. See also
3. Accord
4. E.g.,
5. Cf.
Comparative Signals
One signal that indicates comparison: Compare
Negative Signals
Two ways to have a negative signal:
1. Contra
2. But before another signal
Examples:
One of the three elements a plaintiff must satisfy to establish a claim for false imprisonment is actual confinement. Blaz v. Molin Concrete Prod., 244 N.W.2d 277, 279 (Minn. 1976). “Actual confinement” exists when a person is compelled to go where she does not wish to go. Id. at 281.

"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331 (2000).

In Moran, the court held that there were no reasonable alternatives. 213 F.3d at 489.


See
Use a see signal when there is an inferential step between what you're saying and what the source actually says.

If you use a see signal, follow it with an explanatory parenthetical.

See is always in italics when used as a signal.
E.g.,
E.g., means that the citation you're using is just one of the many sources that state the same proposition.

This relieves the writer of the necessity to include a lengthy string citation.

Use e.g., after no signal to denote that the other sources explicitly support your point. Use e.g. after a see signal to denote that the other sources implicitly support your point.

Note that comma!
Accord
Accord only comes
after you've cited another source
.

When your text quotes or refers specifically to a source, cite that source first. Then use accord and cite to the other source.

One common use is to show that various jurisdictions agree on a topic.
See also
Use this signal when you have
additional, positive
support for the idea stated in your text, but that support is not as strong as the support indicated by the see or no signal signals.

Also use when this authority can be distinguished in some way from the previously cited authority.

Use an explanatory parenthetical after a see also signal.

See also is always in italics when used as a signal, and does not include a comma between the words see and also.
Examples
"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331 (2000).

Appellate courts do not have original jurisdiction over cases arising under U.S. laws. See 28 U.S.C. § 1331 (2000) (stating that district courts have original jurisdiction over such cases).
Example
When the misdemeanor is not a threat to public safety, there is no reasonable suspicion to stop the defendant. United States v. Moran, 503 F.3d 1135, 1137 (10th Cir. 2007); see also United States v. Grigg, 498 F.3d 1070, 1075 (9th Cir. 2007) (holding that playing a stereo loudly is not a threat to public safety).
Example
Several circuits, including the Tenth Circuit Court of Appeals, have adopted a balancing test to address this issue. United States v. Moran, 503 F.3d 1135, 1137 (10th Cir. 2007); accord United States v. Grigg, 498 F.3d 1070, 1075 (9th Cir. 2007).
Example
Several circuits have adopted a balancing test to address this issue. E.g., United States v. Moran, 503 F.3d 1135, 1137 (10th Cir. 2007); United States v. Grigg, 498 F.3d 1070, 1075 (9th Cir. 2007).
Compare
Use compare to actually compare two authorities. The words compare and with are both in italics.

Use an explanatory parenthetical to explain the comparison between the authorities.

The formula is compare source 1 (explanatory parenthetical) with source 2 (explanatory parenthetical).
Example
Compare Moss v. Crosman Corp., 136 F.3d 1169, 1175 (7th Cir. 1998) (holding that an air gun is a dangerous weapon) with McCroy ex rel. McCroy v. Coastal Mart, Inc., 207 F. Supp. 2d 1265, 1268 (D. Kan. 2002) (holding that a vending machine is not a dangerous weapon).
Contra
Contra links your text to a source that directly contradicts your idea. This is the opposite of no signal.

If you use contra, be sure to explain to your reader why this case is not fatal to your argument.
But before a signal
You can make signals (except for no signal) negative by putting but before those signals.

For example, use but see for negative authority when you would have used see had the authority been positive.

Example
Some courts have adopted a balancing approach. United States v. Moran, 503 F.3d 1135, 1137 (10th Cir. 2007. Contra Blaisdell v. Comm'r of Pub. Safety, 375 N.W.2d 880, 884 (Minn. Ct. App. 1985) (holding that stops based on misdemeanors are per se unreasonable).
Using Multiple Signals
When using more than one signal in a citation, you have to put them in a specific order. And you have to put the authorities within those signals in a specific order.
Order of Signals
When using more than one signal for a citation, put them in the order in which they appear in rule 1.2. That order is:
1. no signal
2. e.g.,
3. accord
4. see
5. see also
6. cf.
7. compare...with
8. contra
9. but see
10. but cf.

Signals of the same type can be in the same citation sentence. Signals of different types must be in separate citation sentences.

Order of Authorities Within Signals
Within each signal, cite authorities in this order:
1. Constitutions (federal then state)
2. Statutes (federal then state)
3. Treaties and international documents
4. Cases (federal then state; supreme court, then appellate court, then trial court)
Example
Blaisdell v. Comm'r of Pub. Safety, 375 N.W.2d 880, 884 (Minn. Ct. App. 1985); see United States v. Martinez-Fuerte, 428 U.S. 543, 557–58 (1976). But see Carroll v. United States, 267 U.S. 132, 134 (1925).


Tips for Signals
1. The most common signal is no signal!

2. Signals are always in italics.

3. Look to rule 1.3 and rule 1.4 for ordering signals.

4. Use the regular citation format for sources that follow a signal.
Put it all together!
Cf.
Cf. introduces an authority that supports your idea by analogy.

The citation to this authority will only be clear to the reader if you include an explanatory parenthetical.

As with all other signals, cf. is always in italics when used as a signal. And, like id., it always ends with a period, even if it does not end the sentence.
Example
A potato gun is a dangerous weapon. Cf. Moss v. Crosman Corp., 136 F.3d 1169, 1175 (7th Cir. 1998) (holding that pump-action air gun is a dangerous weapon).
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