when an attorney cites points

The term points and authorities comes from the fact that the legal discussion makes certain points followed by citations to legal authority (usually a court decision or statute) supporting each point.

Full Answer

How do you cite a point in an opinion?

(Citations to one or more specific point or points in an opinion are commonly referred to as "pinpoint" or "jump" citations.) 16 In some situations only one ID or reporter citation is required. In others, two or more should be provided in "parallel" – i.e. , in succession – separated by commas.

What are points and authorities in legal terms?

Points and authorities explain why the law authorizes the judge to take the requested action. The term points and authorities comes from the fact that the legal discussion makes certain points followed by citations to legal authority (usually a court decision or statute) supporting each point.

Where do pinpoint citations need to be provided?

Where both a regional and official citation exist and pinpoint citations are appropriate, pinpoint citations to one of the reporters shall be provided. Designation of disposition of petitions for transfer shall be included, e.g.,

Can a lawyer cite a case in a law paper?

Most cited "cases" are opinions of appellate courts; however, trial court rulings on questions of law do on occasion produce decisions lawyers may wish to cite, despite their limited force as precedent.

What are legal points?

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law.

What is a memorandum of points and authorities?

Memorandum of points and authorities is a document that is filed with a court by a party to support the party's motion. The submission of a memorandum of points and authorities is usually mandatory whenever a party files a motion.

How long can a memorandum of points and authorities?

(d) Length of memorandum Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. No reply or closing memorandum may exceed 10 pages.

How long can the memorandum of points and authorities in support of the plaintiff's opposition to the motion for summary judgment be?

For motions that are not for summary judgment or summary adjudication, CRC Rule 3.1113 sets forth a 15-page limit on points and authorities in support of motions, unless the party applies for an application to file a longer memorandum, which did not occur here.

What is the citation for a uniform law?

When a reference is to the uniform law or model code apart from its adoption and interpretation in a particular state , the citation should consist of the name of the uniform law or code (as abbreviated), section number, and the year that law or code (or major subpart) was promulgated or last amended.

Which states use docket numbers?

Illinois, Louisiana, and Mississippi use the docket number as the case ID rather than generating a new one based on year and decision sequence. In addition, Louisiana uses slip opinion page numbers rather than paragraph numbers for pinpoint citation. The U.S. Court of Appeals for the Sixth Circuit does the same.

Can a court establish a vendor neutral citation?

Only a court can effectively establish the means for vendor- and medium-neutral citation of its decisions. Courts that leave the association of an enduring, citable identification for each decision and its parts to a commercial publisher, by default, force the use of the dominant publisher's print citation scheme.

Do you need parallel citations for regional reporter?

Parallel citations to the regional reporter, if available, are required. If the regional reporter citation is not available, then parallel citations to unofficial sources, including unofficial electronic databases, may be provided. Pinpoint citations to specific pages are strongly encouraged.

When does a tribunal have proper objection?

1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.

Can a judge be unfairly influenced by a lawyer's dual roles?

It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.

Can an attorney be disqualified for a summary judgment?

However, in general, courts appear to be reluctant to disqualify an attorney for violating the attorney testimony rule solely on the basis of statements made in an affidavit in support of summary judgment, even where the attorney's statements go far beyond merely putting documents before the court.

Can an attorney's affidavit be used in a summary judgment motion?

It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v.