Referencing statutes correctly is crucial for legal writing and research. Inaccurate citations can undermine your credibility and confuse your readers. This guide provides a comprehensive overview of how to properly reference statutes, covering different citation styles and offering tips for accuracy and clarity.
What is a Statute?
Before diving into citation, let's clarify what a statute is. A statute is a written law passed by a legislature. These laws govern various aspects of society, from criminal offenses to property rights. Statutes are organized by jurisdiction (e.g., federal, state), subject matter, and numerical order.
Understanding the Components of a Statute Citation
A complete statute citation typically includes several key components:
- Jurisdiction: Indicates which legislative body enacted the statute (e.g., U.S., Cal., N.Y.).
- Abbreviation for the statute's name: Shortened form of the statute's official title (e.g., U.S.C. for United States Code, C.R.S. for Colorado Revised Statutes).
- Section Number (or other designator): Specifies the exact section within the statute.
- Year (sometimes): Indicates the year the statute was enacted or last amended, especially helpful for older statutes or when dealing with multiple revisions.
Common Citation Styles and Examples
Different citation styles exist, each with its own nuances. The most common are Bluebook, ALWD, and OSCOLA. Here are examples demonstrating how to cite a statute in these styles:
Bluebook (19th ed.):
- Federal Statute: 18 U.S.C. § 1341 (2023) (This cites Section 1341 of Title 18 of the United States Code, as it appeared in 2023)
- State Statute: Cal. Civ. Code § 1717 (West 2023) (This cites Section 1717 of the California Civil Code, as found in the West edition published in 2023)
ALWD (8th ed.):
- Federal Statute: 18 U.S. Code § 1341 (2023)
- State Statute: Cal. Civ. Code § 1717 (West 2023)
OSCOLA:
- Federal Statute: 18 U.S.C. § 1341 (2023)
- State Statute: Cal. Civ. Code § 1717 (2023) (Note: OSCOLA is less specific about publishers for state statutes)
Key Differences & Considerations:
Note the subtle differences in formatting and abbreviation usage across these styles. Always consult the specific style guide’s rules for complete accuracy. The year is often included to specify the version of the statute you're referencing, especially when the law has been amended. If you are citing a specific subsection, you can add the subsection designation (e.g., 18 U.S.C. § 1341(a) (2023)).
H2: How to Cite a Statute from a Database like Westlaw or LexisNexis?
When citing statutes accessed through legal databases like Westlaw or LexisNexis, generally, you follow the same basic principles as outlined above. However, depending on the specific database and how it displays the information, you might need to slightly adapt the citation. The most crucial part remains the core elements: jurisdiction, statute name, section, and year. Always check the database's specific guidance on citing statutes.
H2: What if the Statute Has Been Amended?
If the statute you’re citing has been amended, it’s best practice to indicate the relevant amendment date, or to cite the version of the statute in effect at the time of your research. This is crucial for context and accuracy. Some style guides provide specific guidance on how to address this scenario.
H2: What if I can't find the year of publication?
If you can't find the year of publication for a particular statute, it's best to omit it rather than guess. The other elements of the citation (jurisdiction, statute name, and section) are still crucial for identifying the specific law. You might include a parenthetical statement, such as "(as of [date accessed])" to provide further clarification.
H2: Are there any other important things to consider?
- Consistency: Maintain a consistent citation style throughout your work.
- Accuracy: Double-check all citations to ensure accuracy.
- Updating: Be aware that statutes can be amended or repealed, so always ensure your citations reflect the most current version.
By following these guidelines and adhering to a consistent citation style, you can accurately and effectively reference statutes in your legal writing. Remember to always consult the specific rules of the style guide you are using to ensure the highest level of accuracy.
