What is Citation of Authorities and Why It Matters in Law

Definition & Meaning

The citation of authorities refers to the practice of referencing legal sources, such as statutes, case law, constitutions, and legal treatises, in court proceedings. This practice is essential for supporting legal arguments and propositions. By citing authorities, legal professionals can strengthen their positions and assist judges in making informed decisions. Citation of authorities is also commonly found in legal textbooks, law review articles, and briefs, providing valuable context and support for legal claims.

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Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A lawyer arguing a personal injury case might cite a previous court decision that established liability standards. By referencing this case, the lawyer strengthens their argument that the defendant should be held responsible for damages.

(hypothetical example) In a family law case involving custody, an attorney may cite statutes that outline the best interests of the child standard, providing a legal basis for their proposed custody arrangement.

State-by-state differences

Examples of state differences (not exhaustive):

State Legal Citation Practices
California Citations must follow the California Rules of Court.
New York New York has specific citation formats outlined in the New York Rules of Professional Conduct.
Texas Texas courts require adherence to the Texas Rules of Appellate Procedure for citations.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Citation Referring to a source of law. Broader term that may not specify legal authorities.
Precedent A legal case that establishes a principle. Precedent refers specifically to past court decisions, while citation includes all legal sources.

What to do if this term applies to you

If you need to cite authorities in a legal matter, start by gathering relevant legal sources that support your argument. Consider using US Legal Forms to access templates that can help you format your citations correctly. If your situation is complex, it may be wise to consult a legal professional for tailored advice.

Quick facts

  • Legal areas: Civil, criminal, family law
  • Common documents: Briefs, motions, legal articles
  • Importance: Assists in judicial decision-making

Key takeaways

Frequently asked questions

You can cite statutes, case law, constitutions, and legal treatises.