Citation Signal - Signals That Indicate Support

Signals That Indicate Support

When writers use no signal, this tells readers that the cited authority directly states the proposition, is the source of the cited quotation, or identifies an authority referred to in the text.

Example: We have consistently applied that presumption to language in the ADEA that was "derived in haec verba from Title VII." Lorillard v. Pons, 434 U.S. 575, 584, 55 L. Ed. 2d 40, 98 S. Ct. 866 (1978).

Example: The court points out that "the proper role of the trial and appellate courts in the federal system in reviewing the size of jury verdicts is a matter of federal law." Gasperini v. Ctr. for Humanities, 518 U.S. 415 (1996).

Example: Bilida was prosecuted in state court for the misdemeanor offense of possessing the raccoon without a permit. R.I. Gen. Laws 20-1-16 (1998).

Example: The IDEA was enacted “to ensure that all children with disabilities have available to them a free appropriate public education.” 20 U.S.C. § 1400(d)(1)(A).

Example: In Idaho, ephedrine was listed as a Schedule II substance in the Uniform Controlled Substances Act in 1988. I.C. § 37-2707(g)(1)(b).

Example: It must be remembered that "the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise." Reynolds v. Sims, 377 U.S. 533, 555, 12 L. Ed. 2d 506, 84 S. Ct. 1362 (1964).

Example: The manner, method and time of such extinguishment raise political, not justiciable, issues." United States v. Santa Fe Pacific R. Co., 314 U.S. 339, 347.

Example: A criminal defendant is entitled to jury instructions that accurately state the law, permit him to argue his theory of the case, and are supported by the evidence. State v. Staley, 123 Wash.2d 794, 803, 872 P.2d 502 (1994)

Example: The Corrective Action included a directive requiring Staub to report to Mulally or Korenchuk “ ‘when ha no patients and cases re complete.’ ” Id., at 653.

Example: Whether or not the court properly instructed the jury to consider Mr. Coristine's reasonable belief of Ms. Fjelstad's capacity to consent is a question of law that we will review de novo. State v. Pirtle, 127 Wash.2d 628, 656, 904 P.2d 245 (1995).

Example: The right to counsel plays a crucial role in the adversarial system embodied in the Sixth Amendment, since access to counsel's skill and knowledge is necessary to accord defendants the “ample opportunity to meet the case of the prosecution” to which they are entitled. Adams v. United States ex rel. McCann, 317 U.S. 269 (1942).

• E.g.

This signal, an abbreviation of the latin phrase "exempli gratia," means "for example." It tells the reader that what the writer is citing directly supports the proposition but there are other authorities which also support the proposition, but their citation may not be as useful or necessary. This introductory signal may be used in combination with other signals, preceded by an italicized comma. Note: the comma after e.g., is not italicized when attached to another signal (whether supportive or not), but is italicized when e.g. appears alone.

Example: Parties challenging state abortion laws have sharply disputed in some courts the contention that a purpose of these laws, when enacted, was to protect prenatal life. See, e.g., Abele v. Markle, 342 F.Supp. 800 (D.C.Conn.1972), appeal docketed, No. 72-56.

Example: The Code, as long interpreted, vests this Court with sole authority to review state court judgments. E.g., Feldman v. , 460 U.S. (first page), 476, 75 L. Ed. 2d 206, 103 S. Ct. 1303 (insert year); Atlantic Coast Line R. Co. v. Locomotive Engineers, 398 U.S. 281, 286, 26 L. Ed. 2d 234, 90 S. Ct. 1739 (1970); Rooker v. , 263 U.S., 416, 68 L. Ed. 362, 44 S. Ct. 149 (insert year).

Example: Unfortunately, hiring undocumented laborers is a widespread industry practice. E.g., Transamerica Ins. Co. v. Bellefonte Ins. Co., 548 F. Supp. 1329, 1331 (E.D. Pa. 1982).

Example: Other circuits have made that leap. See, e.g., Arnold, 421 F.3d at 870 & n.1 (Callahan, J., dissenting)

Example: The placebo effect is well established. See, e.g., Anne Harrington, The Placebo Effect: An Interdisciplinary Exploration (1999).

Example: In other cases, we did not articulate any standard at all, granting reimbursement automatically after determining that the school district failed to provide a free appropriate public education and that the student was placed in an appropriate private school. See, e.g., Capistrano, 59 F.3d at 896-97; Union Sch. Dist. v. Smith, 15 F.3d 1519, 1527 (9th Cir.1994).

Example: Nevertheless, the due process clause protects "property" interests; and while the notion of property interest has been stretched quite far in certain contexts, e.g., Goldberg v. Kelly, 397 U.S. 254 (1970), it depends importantly on what interests are recognized under state law.

Example: Moreover, to the extent that exhausted and unexhausted claims are interrelated, the general rule among the Courts of Appeals is to dismiss mixed habeas petitions for exhaustion of all such claims. See, e.g., Triplett v. Wyrick, 549 F.2d 57 (CA8 1977); Miller v. Hall, 536 F.2d 967 (CA1 1976); Hewett v. North Carolina, 415 F.2d 1316 (CA4 1969).

Example: Unlike the Confrontation Clause, those provisions are of no use to the defendant when the witness is unavailable or simply refuses to appear. See, e.g., Davis, 547 U.S., at 820, 126 S.Ct. 2266.

Example: The Court has considered Sixth Amendment claims based on actual or constructive denial of the assistance of counsel altogether, as well as claims based on state interference with the ability of counsel to render effective assistance to the accused. E.g., United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657.

• Accord

"Accord" is used when two or more sources state or support the proposition, but the text quotes or refers to only one; the other sources are then introduced by "accord." In other words, accord means “I just cited something that supports my proposition, and now here’s another thing that supports it too.” Legal writers often use accord to show that the law of one jurisdiction is in accord with that of another jurisdiction.

Example: “ervousness alone does not justify extended detention and questioning about matters not related to the stop.” United States v. Chavez-Valenzuela, 268 F.3d 719,725 (9th Cir. 2001); accord United States v. Beck, 140 F.3d 1129, 1139 (8th Cir. 1998); United States v. Wood, 106 F.3d 942, 248 (10th Cir. 1997); United States v. Tapia, 912 F.2d 1367, 1370 (11th Cir. 1990).

Example: Rather, our inquiry is limited to “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Emphasis in original.) Jackson v. Virginia, 443 U.S. 307, 319 (1979); accord People v. Cox, 195 Ill.2d 378, 387 (2001).

Example: ...the term 'Fifth Amendment' in the context of our time is commonly regarded as being synonymous with the privilege against self-incrimination." Quinn v. United States, 349 U.S. 155, 163, 75 S. Ct. 668, 99 L. Ed. 964 (1955); accord In re Johnny V., 85 Cal. App. 3d 120, 149 Cal.Rptr. 180, 184, 188 (Cal. Ct. App. 1978) (holding that the statement "I'll take the fifth" was an assertion of the Fifth Amendment privilege).

Example: This Court has repeatedly held that "the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal court having jurisdiction." McClellan v. Carland, 217 U.S. 268, 282, 54 L. Ed. 762, 30 S. Ct. 501 (1910); accord Doran v. Salem Inn, Inc., 422 U.S. 922, 928, 45 L. Ed. 2d 648, 95 S. Ct. 2561 (1975); Atlantic Coast Line R. Co., 398 U.S., at 295, 26 L. Ed. 2d 234, 90 S. Ct. 1739.

Example: The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts." Art.I, 8, cl. 8; accord Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975).

Example: It is well settled that illegally-obtained statements are admissible for the purpose of impeachment. See United States v. Havens, 446 U.S. 620, 626-27, 100 S.Ct. 1912, 64 L.Ed.2d 559 (1980) (holding that illegally obtained evidence, which is inadmissible on the government's direct case as substantive evidence of guilt, is nevertheless admissible for purposes of impeachment); accord State v. Greve, 67 Wash. App. 166, 834 P.2d 656 (1992) (holding that the state constitution does not prohibit the use of suppressed evidence for impeachment because its introduction discourages a defendant from perjuring himself directly, thus furthering the goal of preserving the dignity of the judicial process), review denied, 121 Wash.2d 1005, 848 P.2d 1263 (1993).

Example: This objective will only be satisfied if the court can, from the application and accompanying documentation itself, pass on all aspects contained therein.8 Accord, Chicago Lutheran Hospital, supra at 735 (“In all fee requests, the fee application is inevitably the starting point for analysis. It is the crucial document in any fee matter.”).

Example: accord, Swierkiewicz, 534 U.S., at 514, 122 S.Ct. 992; National Organization for Women, Inc. v. Scheidler, 510 U.S. 249, 256, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994); H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229, 249-250, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989); Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984).

Example: The following authorities held, prior to Crawford, that the Confrontation Clause does not require confrontation of certificates stating that instruments were in good working order at the time of a test: State v. Ing, 53 Haw. 466, 467-473, 497 P.2d 575, 577-579 (1972) (certificate that police car's speedometer was in working order), accord, State v. Ofa, 9 Haw.App. 130, 135-139, 828 P.2d 813, 817-818 (1992) ( per curiam) (certificate that breathalyzer was in working order).

• See

“See” indicates that the cited authority clearly supports, but not directly states the proposition given. Used instead of, to indicate that the proposition follows from the cited authority. There is an inferential step between the authority cited and the proposition it supports.

"See" may also be used to refer to a cited authority that contains dicta in support of the proposition being made.

Example: At this time, the AEDPA 1-year statute of limitations had run. See Duncan v. Walker, 533 U.S. 167, 181-182, 150 L. Ed. 2d 251, 121 S. Ct. 2120 (2001) (holding that the statute of limitations is not tolled during the pendency of a federal petition).

Example: Similar questions have arisen under the federal endangered Species Act. See, e.g., United States v. Winnie, 97 F.3d 975 (7th Cir. 1996).

Example: Before 1997, the IDEA was silent on the subject of private school reimbursement, but courts had granted such reimbursement as “appropriate” relief under principles of equity pursuant to 20 U.S.C. § 1415(i)(2)(C ). See Burlington, 471 U.S. at 370, 105 S.Ct. 1996 (“e are confident that by empowering the court to grant ‘appropriate’ relief Congress meant to include retroactive reimbursement to parents as an available remedy in a proper case.”); 20 U.S.C. § 1415(i)(2)(C ) (“In any action brought under this paragraph, the court ... shall grant such relief as the court determines is appropriate.”).

Example: Although this standard requires us to give considerable deference to the state courts, AEDPA deference is not a rubber stamp. See Miller-El v. Dretke, 545 U.S. 231, 240, 265, 125 S. Ct. 2317, 162 L. Ed. 2d 196 (2005) (refusing to accept a state court's "dismissive and strained interpretation" of the prisoner's evidence on habeas review and noting that "eference does not by definition preclude relief").

Example: Relying upon NAACP, we concluded that the South Carolina Supreme Court's interpretation of a state penal statute had impermissibly broadened the scope of that statute beyond what a fair reading provided, in violation of due process. See 378 U.S. at 361-362.

Example: The determination of “new value” is “a mixed question of law and fact.” See In re Spada, 903 F.2d 971, 975 (3d Cir.1990).

Example: The soil, to which the crown originally claimed title, being no longer occupied by its ancient inhabitants, was parcelled out according to the will of the sovereign power, and taken possession of by persons who claimed immediately from the crown, or mediately, through its grantees or deputies." Pp. 590-591. See Buttz v. Northern Pacific R. Co., 119 U.S. 55, 66; Martin v. Waddell, 16 Pet. 367, 409; Clark v. Smith, 13 Pet. 195, 201.

Example: The Supreme Court appears to suggest the more stringent reasonable-doubt standard may apply when the inference is the “sole and sufficient basis for a finding of guilt”. Ulster, 442 U.S. at 167, 99 S.Ct. at 2230. Division Two of the Court of Appeals has so held. See State v. Delmarter, 68 Wash. App. 770, 784-85, 845 P.2d 1340 (1993).

Example: There is no inconsistency between Mr. Coristine's defense theories and therefore no prejudice attends the affirmative defense. See State v. Jones, 99 Wash.2d 735, 748, 664 P.2d 1216 (1983).

Example: The right to counsel plays a crucial role in the adversarial system embodied in the Sixth Amendment, since access to counsel's skill and knowledge is necessary to accord defendants the “ample opportunity to meet the case of the prosecution” to which they are entitled. Adams v. United States ex rel. McCann, 317 U.S. 269(1942); see Powell v. Alabama, supra, 287 U.S. at 68-69, 53 S.Ct. 63-64.

• See also

This indicates that the cited authority constitutes additional material that supports the proposition. The cited authority supports the proposition with which the citation is associated, but less directly than that indicated by "see" or "accord." "See also" may be used to introduce a case that supports the stated proposition, but is somehow distinguishable from previously cited cases. "See also" is sometimes used to refer readers to authorities that support a proposition when other authorities that support the proposition have already been cited or discussed. The use of a parenthetical explanation of the sources relevance following a citation introduced by "see also" is also encouraged.

Example: "... omitting the same mental element in a similar weapons possession statute, such as RCW 9.41.040, strongly indicates that the omission was purposeful and that strict liability was intended. See generally State v. Alvarez, 74 Wash. App. 250, 260, 872 P.2d 1123 (1994) (omission of "course of conduct" language in criminal counterpart to civil antiharassment act indicated "Legislature consciously chose to criminalize a single act rather than a course of conduct.") aff'd, 128 Wash.2d 1, 904 P.2d 754 (1995); see also State v. Roberts, 117 Wash.2d 576, 586, 817 P.2d 855 (1991) (use of certain statutory language in one instance, and different language in another, evinces different legislative intent) (citing cases)." Source: State v. Anderson, 141 Wash.2d 357, 5 P.3d 1247, 1253 (2000).

Example: See also Martin v. Wilks, 490 U.S. 755, 784 n.21, 104 L. Ed. 2d 835, 109 S. Ct. 2180 (1989) (Stevens, J., dissenting) (it would be anomalous to allow courts to sit in review of judgments entered by courts of equal, or greater, authority (citing Rooker and Feldman)).

Example: See also Eolas Technologies Inc. v. Microsoft Corp., 399 F.3d 1325, 1339 (C.A.Fed.2005) (“oftware code ... drives the functional nucleus of the finished computer product.” (quoting Imagexpo, L.L.C. v. Microsoft Corp., 299 F.Supp.2d 550, 553 (E.D.Va.2003))).

Example: In Ash, the disabled student attended private school beginning in 1983, but his parents did not provide meaningful notice to the school district until 1989. Ash v. Lake Oswego Sch. Dist. No. 7J, 766 F.Supp. 852, 853-55, 864 (D.Or.1991); see also Ash, 980 F.2d at 586 (incorporating the district court's account of the facts).

Example: The Supreme Court of Florida has said that the legislature intended the State's electors to "participate fully in the federal electoral process," as provided in 3 U.S.C. 5. 779 So. 2d at 270 (slip op. at 27); see also Palm Beach Canvassing Bd. v. Harris, 772 So. 2d 1273, 2000 WL 1725434, (Fla. 2000).

Example: Bankruptcy court held debtor entitled to entire $7,500 exemption as representing compensation for bodily injury or loss of future earning capacity. See also, In re McCollam, 612 So.2d 572, 574 (Fla.1993).

Example: Whether an inference meets this standard must be determined on a case-by-case basis in light of the particular evidence presented to the jury in each case. See Ulster, 442 U.S. at 162-63, 165, 99 S.Ct. at 2227-28, 2229; Francis, 471 U.S. at 314-15, 105 S.Ct. at 1971. See also Schwendeman v. Wallenstein, 971 F.2d 313, 316 (9th Cir.1992); Crowley v. Winans, 920 F.2d 454, 456 (7th Cir.1990)

Example: A defendant is entitled to a diminished capacity instruction when he produces expert testimony establishing that he suffered from a mental disorder, and the evidence “logically and reasonably connects the defendant's alleged mental condition with the ... inability to possess the required level of culpability to commit the crime charged.” State v. Griffin, 100 Wn.2d 417, 418–19, 670 P.2d 265 (1983); see also Cienfuegos, 144 Wn.2d at 227; State v. Ellis, 136 Wn.2d 498, 521, 963 P.2d 843 (1998).

Example: The Court indirectly recognized as much when it stated in McMann v. Richardson, supra, 397 U.S., at 770, 771, 90 S.Ct., at 1448, 1449, that a guilty plea cannot be attacked as based on inadequate legal advice unless counsel was not “a reasonably competent attorney” and the advice was not “within the range of competence demanded of attorneys in criminal cases.” See also Cuyler v. Sullivan, supra, 446 U.S., at 344, 100 S.Ct., at 1716.

• Cf.

This signals (for the Latin confer, meaning "compare") that the cited authority states a proposition different from the main proposition but sufficiently analogous to lend support. Writers use this signal when the cited authority doesn’t exactly support what they just said, but it’s close enough to lend support. An explanatory parenthetical is strongly recommended, otherwise the citation's relevance may not be clear to the reader.

Example: It is precisely this kind of conjecture and hair-splitting that the Supreme Court wanted to avoid when it fashioned the bright-line rule in Miranda. Cf. Davis, 512 U.S. at 461 (noting that, where the suspect asks for counsel, the benefit of the bright-line rule is the "clarity and ease of application" that "can be applied by officers in the real world without unduly hampering the gathering of information" by forcing them "to make difficult judgment calls" with a "threat of suppression if they guess wrong").

Example: It would be destructive of time and energy for all concerned were we to rule otherwise. Cf. Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201.

Example: When a limited remedy is nonexclusive, it is harder to say the limited remedy failed of its essential purpose because resort to other remedies is available under the contract. Cf. J. White & R. Summers � 12-10 (cases arising under � 2-719(2) question whether exclusive remedy fails of essential purpose).

Example: Cf. Nebbia v. People of State of New York, 291 U.S. 502, 54 S.Ct. 505, 78 L.Ed. 940.

Example: The question of mootness is itself a question of constitutional law. Cf. Linery v. Jafco. Inc., 375 U.S. 301, 304 et seq.; Davis v. Wechasler, 263 U.S. 22, 24; Matter of Rosenbluth v. Finkelstein, 300 N.Y. 402 at 404.

Example: That practice reflects our understanding that the decisions of state courts are definitive pronouncements of the will of the States as sovereigns. Cf. Erie R. Co. v. Tompkins, 304 U.S. 64, 82 L. Ed. 1188, 58 S. Ct. 817 (1938).

Example: Given this option to reinstate the contract on its original terms when a plan is proposed, it may be anomalous to require the payment of interest at a market rate while a case is pending. Cf. In re Hewitt, 16 B.R. 973, 980 (Bkrtcy.D.Alaska 1982).

Example: “Each case must be scrutinized on its particular facts to determine whether a trial error is harmless error or prejudicial error when viewed in the light of the trial record as a whole, not whether each isolated incident viewed by itself constitutes reversible error.” United States v. Grunberger, 431 F.2d 1062, 1069 (CA2 1970). Cf. United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 240, 60 S.Ct. 811, 852, 84 L.Ed. 1129

Example: Cf. Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999).

Example: The Massachusetts Court of Appeals did not reach that question and we decline to address it in the first instance. Cf. Coy v. Iowa, 487 U.S. 1012, 1021-1022, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988).

Example: With the exception of Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), however, which involved a claim that counsel's assistance was rendered ineffective by a conflict of interest, the Court has never directly and fully addressed a claim of “actual ineffectiveness” of counsel's assistance in a case going to trial. Cf. United States v. Agurs, 427 U.S. 97, 102, n. 5, 96 S.Ct. 2392, 2397, n. 5, 49 L.Ed.2d 342 (1976).