Legal Definitions - citation signal

A citation signal is a word or phrase, often abbreviated, placed before a legal citation in written documents. Its purpose is to inform the reader about the nature of the relationship between the statement made in the text and the authority (such as a case, statute, or treatise) being cited. These signals guide the reader on how to interpret the relevance, weight, and support provided by the cited source for the proposition in the text.

• Example 1: Direct Support

  Imagine a legal brief arguing that "a valid offer must demonstrate a clear intent to be bound by specific terms." The brief then cites a foundational case: "See *Carlill v. Carbolic Smoke Ball Co.*, [1893] 1 Q.B. 256 (Eng. C.A.)."

  This example illustrates a citation signal because the word "See" directly precedes the case citation. It tells the reader that the *Carlill* case provides direct and explicit support for the proposition that a valid offer requires a clear intent and specific terms. The reader understands that the cited case articulates or applies this very rule.

• Example 2: Illustrative or Analogous Support

  Consider a legal memorandum discussing how courts often consider the "totality of the circumstances" when determining if a reasonable expectation of privacy exists. It might state: "Courts frequently examine the context and location of an interaction to assess privacy expectations. See, e.g., *Kyllo v. United States*, 533 U.S. 27 (2001) (holding that thermal imaging of a home constituted a search)."

  Here, "See, e.g.," is the citation signal. It means "see, for example." This signal indicates that *Kyllo v. United States* is not the only case supporting the "totality of the circumstances" principle for privacy expectations, but rather one prominent example that illustrates or applies this broader concept. It guides the reader to understand the cited case as an illustration rather than the sole or definitive authority.

• Example 3: Contrary Authority

  Suppose a lawyer is arguing that a particular state's law allows for punitive damages in breach of contract cases under certain conditions. They might write: "While some jurisdictions strictly limit punitive damages to tort claims, this state permits them for egregious contractual breaches. Contra *Smith v. Jones*, 123 P.3d 456 (Nev. 2010) (rejecting punitive damages for breach of contract without an accompanying tort)."

  In this instance, "Contra" is the citation signal. This signal explicitly informs the reader that the cited case, *Smith v. Jones*, stands for a proposition directly contrary to the main point being made about the state's law. It signals that the Nevada court in *Smith v. Jones* took the opposite stance, thereby highlighting a legal distinction or a different jurisdictional approach.