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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.
Table of content
Legal Use & context
Citation of authorities is used across various areas of law, including civil, criminal, and family law. It is a fundamental practice in legal writing and courtroom presentations. Legal professionals often use citations to bolster their arguments in motions, briefs, and other legal documents. With the right tools, such as US Legal Forms, individuals can manage their legal needs by accessing templates that guide them in properly citing authorities in their own documents.
Key legal elements
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.
Common misunderstandings
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.
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