How to Reference a Statute: A Comprehensive Guide
Referencing statutes correctly is crucial for legal writing, ensuring clarity, accuracy, and credibility. The method varies slightly depending on the citation style (e.g., Bluebook, ALWD), but the core principles remain consistent. This guide will cover the fundamentals and address common questions.
What Information Do I Need to Reference a Statute?
Before you can cite a statute, you need to identify key information:
- Jurisdiction: Specify the state, federal, or other governing body that enacted the statute. (e.g., "California," "U.S.," "European Union")
- Statute Name (if applicable): Some statutes have formal names (e.g., "Clean Air Act").
- Statute Number (if applicable): Often, statutes are identified by a number, such as a chapter or section number (e.g., "Chapter 123").
- Year of Enactment: The year the statute was passed.
- Specific Section or Subsection: The precise section containing the relevant information.
How to Cite a Statute: A Step-by-Step Guide
The exact format depends on your chosen citation style (Bluebook, ALWD, etc.). However, the general components are similar:
-
Jurisdiction: Start with the jurisdiction. For federal statutes in the U.S., use "U.S.C." (United States Code). State statutes usually follow a format like "Cal. Civ. Code" (California Civil Code).
-
Statute Number: Include the relevant statute number (e.g., "§ 123"). The "§" symbol indicates "section".
-
Year (if necessary): In some citation styles, the year of enactment might be included.
-
Subsection (if needed): If you need to cite a specific subsection, add the subsection identifier (e.g., "(a)").
Examples:
-
Bluebook Example (U.S. Federal Statute): 42 U.S.C. § 1983 (2018)
-
Bluebook Example (State Statute): Cal. Civ. Code § 1717 (West 2023)
-
ALWD Example (U.S. Federal Statute): 42 U.S. Code § 1983 (2018)
-
ALWD Example (State Statute): Cal. Civ. Code § 1717 (West 2023)
Note: The "West" in the California example refers to the publisher of the annotated version of the code. You may use a different publisher's version, but the publisher's name is typically included. Always check your style guide for specific formatting rules.
Different Types of Statutory References
Depending on the context, you might need to cite more than just one section. Here are some common scenarios:
-
Multiple Sections: List multiple sections separated by commas (e.g., 42 U.S.C. §§ 1983, 1985).
-
Range of Sections: Use an en dash to show a range (e.g., 42 U.S.C. §§ 1983–85).
-
Subsections: Include the subsection identifier (e.g., 42 U.S.C. § 1983(a)).
How to Find Statute Information
Several resources help you locate statute information:
-
Westlaw and LexisNexis: These are commercial legal research databases providing access to statutes and case law.
-
Government Websites: Federal and state governments maintain official websites where you can access their statutes.
-
Law Libraries: Local and university law libraries usually have physical copies of statutes and access to online databases.
Frequently Asked Questions (FAQs)
1. What is the difference between citing a statute and citing a case?
Citing a statute involves referencing a piece of legislation, while citing a case involves referencing a court decision. They have distinct citation formats.
2. What if the statute has been amended?
You might need to specify the version of the statute you're referencing if it's been amended, perhaps by including the year of the relevant amendment. Consult your style guide for the preferred method.
3. What if I am unsure which citation style to use?
Check the submission guidelines for your assignment, article, or publication. They will specify the required citation style. If there are no guidelines, consult a legal writing manual for guidance.
4. Are there any online tools to help with legal citations?
Yes, several online tools and citation generators are available, but remember to always double-check the accuracy of the generated citation against your chosen style guide.
This guide provides a foundational understanding of how to reference a statute. Always consult the appropriate legal citation style guide for detailed and specific formatting instructions. Properly citing statutes is essential for legal accuracy and credibility.
