Legal Definitions - citation order

Citation order refers to the standardized sequence in which legal authorities are listed when presented in a legal document, such as a court brief, a legal memorandum, or an academic paper. This specific arrangement ensures that the most authoritative or relevant sources are given precedence, providing clarity and consistency in legal arguments and research.

Here are some examples to illustrate citation order:

• Example 1: Arguing a Federal Constitutional Issue

  Imagine a lawyer drafting a brief for a federal court, arguing that a client's constitutional rights were violated. The lawyer would typically present their supporting legal authorities in a specific order:

  • First, they would cite the U.S. Constitution itself, as it is the supreme law of the land.
  • Next, they would reference any relevant federal statutes passed by Congress that further define or implement those constitutional rights.
  • Following that, they would cite binding decisions from the U.S. Supreme Court that interpret the specific constitutional provisions or statutes at issue.
  • Finally, they might include decisions from the specific federal circuit court of appeals that governs their jurisdiction, as these are binding on the lower federal courts within that circuit.

  This demonstrates citation order by prioritizing the foundational law (Constitution), then legislative enactments (statutes), and then the highest judicial interpretations (Supreme Court), followed by controlling lower appellate court decisions.

• Example 2: Researching a State Contract Law Issue

  Consider a legal researcher preparing a memo on a contract dispute governed by state law. To support their analysis, they would arrange their citations in a hierarchical manner:

  • They would begin by citing the specific section of the state's Uniform Commercial Code (UCC) or other relevant state statutes that govern the type of contract in question.
  • Then, they would cite decisions from the state's highest court (e.g., the State Supreme Court) that have interpreted those particular statutes or common law contract principles.
  • After that, they might include decisions from the state's intermediate appellate courts that further clarify or apply the law to similar factual scenarios.
  • Finally, they might refer to persuasive authority, such as a well-regarded treatise or law review article discussing the nuances of the state's contract law.

  This illustrates citation order by starting with the primary state law (statute), moving to the most authoritative judicial interpretations within the state (highest court, then appellate courts), and concluding with secondary, persuasive sources.

• Example 3: Drafting an Administrative Regulation

  Imagine a government agency drafting a new regulation to implement a recently passed federal environmental law. In the preamble or justification for the new regulation, the agency would cite its authority in a specific order:

  • The agency would first cite the specific federal statute (e.g., the Clean Air Act) that grants it the authority to create such regulations.
  • Next, it might reference any relevant executive orders from the President that direct agencies to take action in this area.
  • Then, the agency might cite its own existing prior regulations or policy statements that are being amended or superseded by the new rule, showing continuity or change.
  • Finally, it might refer to any relevant court decisions that have affirmed the agency's authority or interpreted the underlying statute.

  This demonstrates citation order by beginning with the foundational legislative authority, followed by executive directives, then the agency's own existing framework, and finally judicial affirmations of its powers.