Legal Definitions - Order of signals

The Order of Signals refers to the specific sequence in which different types of legal citations are arranged when they appear together in a single reference block within a legal document. In formal legal writing, these citations are introduced by special words or phrases, known as "signals," which indicate the relationship between the statement in the text and the authority being cited. This established order ensures clarity, consistency, and ease of understanding for readers navigating complex legal arguments.

These signals are arranged according to a strict hierarchy, moving from the most direct support to more indirect or contrasting information. The standard order of precedence is:

• No signal (for direct quotations or strong, direct support)
• E.g. (meaning "for example," used to introduce illustrative cases or statutes)
• Accord (used when another authority agrees with a previously cited one, or when citing multiple sources that state the same proposition)
• See (used for general support, where the cited authority clearly supports the proposition but may not be directly on point)
• See also (used for additional supporting material, often a secondary authority or a case that provides helpful background)
• Cf. (meaning "compare," used to suggest a useful comparison between the proposition and the cited authority, which may differ in some way)
• Compare with (similar to Cf., often used when comparing two specific sources)
• Contra (meaning "to the contrary," used when the cited authority directly contradicts the main proposition)
• But see (used when the cited authority presents a contrary view or a significant qualification to the proposition)
• But cf. (used when the cited authority presents a useful comparison to a contrary view)
• See generally (used for background information, an overview, or a general discussion of the topic)

When multiple sources fall under the same signal, they are grouped together within a single citation sentence and separated by semicolons. Each signal itself should only appear once, at the beginning of its respective citation sentence.

Examples:

• Example 1: Supporting a Legal Principle

  Scenario: A lawyer is arguing that a specific type of contract requires written consent. They have a primary court case directly stating this requirement, another case providing a clear example of its application, and a respected legal treatise offering general background on contract formation.

  Application: The citation would begin with the primary court case (no signal, as it offers direct and strong support). It would then include the example case, introduced by E.g., followed by the legal treatise, introduced by See generally. The full citation would follow this order: [Primary Case Citation]; E.g., [Example Case Citation]; See generally [Treatise Citation].

  Illustrates: This demonstrates how direct support takes precedence, followed by illustrative examples, and then broader background information, all arranged according to the established signal order.

• Example 2: Multiple Authorities for Different Relationships

  Scenario: A legal brief discusses the standard for "reasonable care" in negligence cases. The writer wants to cite two appellate court cases that directly support their definition, another case that provides additional, but not primary, support for a related point, and a law review article that offers a useful comparison to a similar standard in a different jurisdiction.

  Application: The two directly supporting appellate court cases would be grouped together in a single citation sentence with no signal, separated by a semicolon. This would be followed by a new citation sentence starting with See also, introducing the additional supporting case. Finally, a third citation sentence would begin with Cf., introducing the law review article. The citation would look like: [Appellate Case 1 Citation]; [Appellate Case 2 Citation]; See also [Additional Supporting Case Citation]; Cf. [Law Review Article Citation].

  Illustrates: This shows how multiple authorities under the same signal (no signal in this instance) are combined, and then how different signals (no signal, See also, Cf.) are ordered sequentially based on their hierarchical precedence.

• Example 3: Acknowledging Contrasting Views

  Scenario: A lawyer is arguing for a broad interpretation of a specific environmental regulation. They have a federal circuit court case that strongly supports their view, but they also know of a district court decision that interprets the regulation more narrowly, and a dissenting opinion from a different case that offers a compelling counter-argument regarding the agency's authority.

  Application: The citation would begin with the federal circuit court case (no signal, as it provides direct support). This would be followed by a citation sentence starting with Contra, introducing the district court decision that directly contradicts the main argument. Finally, a separate citation sentence would use But see to introduce the dissenting opinion, acknowledging a different, but not necessarily contradictory, perspective on agency authority. The citation would be structured as: [Circuit Court Case Citation]; Contra [District Court Case Citation]; But see [Dissenting Opinion Citation].

  Illustrates: This highlights how signals indicating direct support come first, followed by signals that introduce authorities offering opposing or contrasting viewpoints, maintaining the prescribed order even when presenting conflicting legal interpretations.