Legal Definitions - citation

In a legal context, the term citation has two distinct meanings:

• 1. A Reference to a Legal Source:

  A citation, in this sense, is a formal reference to a legal authority or document that supports a statement, argument, or legal principle. It tells the reader exactly where to find the original source of information, such as a specific court case, a section of a statute (law), a regulation, or a legal treatise. This practice ensures transparency, allows others to verify legal claims, and demonstrates the basis for a legal position.

  • Example 1: During a court hearing, a lawyer arguing for their client's innocence might state, "As established in Smith v. Jones, 456 U.S. 789 (2001), the prosecution bears the burden of proof beyond a reasonable doubt."

    Explanation: Here, "Smith v. Jones, 456 U.S. 789 (2001)" is a citation. It refers to a specific Supreme Court case (Smith v. Jones), indicates where to find the court's decision (volume 456 of the United States Reports, page 789), and notes the year it was decided (2001). This citation provides the legal precedent supporting the lawyer's statement about the burden of proof.

  • Example 2: A government agency publishes new guidelines for environmental protection, stating, "These regulations are enacted pursuant to the authority granted by 42 U.S.C. § 7401 et seq."

    Explanation:"42 U.S.C. § 7401 et seq." is a citation to a federal statute. It refers to Title 42 of the United States Code, specifically Section 7401 and subsequent sections. This citation informs the public that the agency's new guidelines are legally authorized by an existing federal law.

• 2. An Order to Appear in Court:

  In its second meaning, a citation is a formal written order issued by a court or law enforcement officer, requiring an individual to appear before a judge at a specified time and place. This order typically relates to an alleged violation of a law or regulation, or it may compel someone to provide testimony as a witness. Failure to comply with a citation can lead to further legal consequences, such as an arrest warrant or additional penalties.

  • Example 1: A person receives a document in the mail from the local municipal court, stating they have been issued a citation for a noise ordinance violation, requiring them to appear on a specific date to address the complaint.

    Explanation: This document is a citation because it is a formal order from the court commanding the individual to appear and respond to the charge of violating a local noise law. It initiates a legal process for the alleged infraction.

  • Example 2: A police officer observes a driver failing to stop at a red light and pulls them over, issuing a written citation that includes the driver's information, the alleged offense, and a court date.

    Explanation: The written document from the police officer is a citation. It serves as an official notice compelling the driver to appear in court to answer for the alleged traffic violation, or to resolve the matter by other means such as paying a fine, if permitted.

  • Example 3: A witness to a significant accident receives a court-issued citation, also known as a subpoena, ordering them to appear in court on a particular day to provide testimony about what they observed.

    Explanation: In this context, the citation is a formal court order compelling the witness's presence. It is not an accusation of wrongdoing but rather a legal demand for their participation in the judicial process to provide evidence.