Legal Definitions - textual citation

A textual citation is a direct reference to a source of information or authority that is embedded within the main body of a document, rather than appearing solely in a footnote or endnote. Its purpose is to immediately inform the reader of the origin of a statement, fact, or legal principle, allowing them to easily locate and verify the original source. In legal writing, textual citations are crucial for supporting arguments with references to statutes, court cases, regulations, or other legal authorities.

• Example 1 (Legal Brief): A lawyer writing a brief argues, "The court's jurisdiction in this matter is clearly established by precedent (Smith v. Jones, 456 U.S. 789, 1980)."

  Explanation: The parenthetical reference "(Smith v. Jones, 456 U.S. 789, 1980)" is a textual citation. It directly follows the statement it supports, immediately telling the reader which specific court case establishes the precedent for jurisdiction. This allows the reader (e.g., a judge) to quickly identify the legal authority without having to look at a separate list of references or footnotes.

• Example 2 (Legal Opinion Letter): An attorney advising a client states, "Under the terms of the new state environmental protection act (S.B. 123, § 4(a)), your company must implement specific waste disposal protocols."

  Explanation: The reference "(S.B. 123, § 4(a))" is a textual citation. It is placed directly within the sentence to indicate the specific section of the state bill that mandates the waste disposal protocols. This ensures the client understands the legal basis for the advice immediately.

• Example 3 (Academic Law Review Article): A law student's article asserts, "The evolving interpretation of privacy rights has significantly impacted digital surveillance laws (see generally, Solove, Understanding Privacy, Harvard University Press, 2008)."

  Explanation: The parenthetical reference "(see generally, Solove, Understanding Privacy, Harvard University Press, 2008)" is a textual citation. It appears within the main text to point the reader to a foundational academic work that discusses the broader concept of privacy rights and their impact on surveillance, providing immediate context and a source for further reading.