Referencing statutes correctly is crucial for legal writing and research. Accuracy and consistency are paramount, ensuring your work is credible and easily understood by others. This guide provides a comprehensive overview of how to reference statutes, covering different citation styles and offering practical advice.
What Information Do I Need to Reference a Statute?
Before delving into specific citation styles, it's vital to gather the necessary information. This usually includes:
- Jurisdiction: Specify the state, federal, or international body that enacted the statute. (e.g., U.S., California, New York, etc.)
- Statute Name: The formal name of the act or code. (e.g., Civil Rights Act of 1964, Uniform Commercial Code)
- Statute Number (if applicable): Many statutes have a numerical designation. (e.g., 42 U.S.C. § 1983)
- Year of Enactment (or latest amendment): This indicates the year the statute was originally passed or last significantly altered.
- Section Number(s): Specify the specific section(s) of the statute you are referencing. This is often preceded by "§" or "Section".
- Subsection(s) and Paragraphs (if applicable): If you're referencing a specific subsection or paragraph within a section, include these designations as well. These are usually denoted by letters (a, b, c...) or numbers.
Common Citation Styles for Statutes
Different citation styles exist, each with its own conventions. Here are some of the most commonly used styles and examples:
Bluebook (Harvard) Style
The Bluebook: A Uniform System of Citation is the most widely used style in legal academic circles. It emphasizes brevity and precision. Examples:
- Federal Statute: 42 U.S.C. § 1983 (2023). (Note: The year is typically included for updates)
- State Statute: Cal. Civ. Code § 1714 (West 2023). (Note: West is the publisher; other publishers can be substituted)
ALWD Citation Manual
The ALWD Citation Manual is another widely accepted style, often preferred for its readability and ease of use. Its approach is similar to the Bluebook but may use slight variations.
- Federal Statute: 42 U.S. Code § 1983 (2023).
- State Statute: Cal. Civ. Code § 1714 (West 2023).
Other Citation Styles
Other citation styles, such as those used in specific jurisdictions or by particular legal publishers (e.g., Thomson Reuters), might differ slightly in formatting or details. Always adhere to the specific guidelines of the style you are required to use.
How to Properly Use Parentheticals with Statute Citations
Parentheticals provide additional context to a citation. They are usually placed in parentheses after the core citation and can include:
- Short explanatory description: This briefly describes the relevant part of the statute. For example: (prohibiting discrimination based on race).
- Year of amendment: Especially useful if the section has been amended recently.
- Case name: If the statute is discussed in a specific case.
Example: 42 U.S.C. § 1983 (2023) (prohibiting deprivation of rights under color of law).
Where to Find Statute Information
Most statutes are accessible online through:
- Government websites: Federal and state governments typically maintain official websites where you can access their statutes.
- Legal Databases: Westlaw, LexisNexis, and other commercial legal databases provide comprehensive access to statutes, annotations, and case law.
Frequently Asked Questions
How do I cite a statute that has been amended multiple times?
Cite the most recent version and mention any relevant amendments if their content significantly impacts your discussion. You can mention the year of the latest amendment in a parenthetical.
What if I'm referencing a specific part of a section (subsection or paragraph)?
Include the appropriate subsection and paragraph designations (e.g., 42 U.S.C. § 1983(a)(1)).
Can I use short forms for frequently referenced statutes?
While possible, it's generally advisable to use full citations initially to ensure clarity. Short forms are acceptable after a full citation has already been provided within the same document.
What if the statute I need to cite doesn't have a section number?
Some statutes don't have numbered sections. Clearly identify the portion of the statute you are citing using clear descriptive language.
This guide offers a strong foundation for referencing statutes. Remember to always consult the official style guide of your chosen citation method to ensure accuracy and consistency in your legal writing.
