# Need referencing help from US lawyer/law student

**URL:** <https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616>\
**Category:** Factual Questions\
**Created:** [May 16, 2009, 5:37am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616 "2009-05-16T05:37:35Z")\
**Posts on this page:** 13\
**Page:** 1

<div class="post-metadata">

**Author:** ![bathsheba](https://avatars.discourse-cdn.com/v4/letter/b/9e8a1a/32.png) [@bathsheba](https://boards.straightdope.com/u/bathsheba)\
**Post date:** [May 16, 2009, 5:37am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/1 "2009-05-16T05:37:35Z")

</div>

I am referencing the Federal Nursing Home Reform Act in a bibliography. Is this correct:

_Federal Nursing Home Reform Act_, 42 USC § 1395i–3 (1987).

Thanks in advance for your american lawyerly referencing powerz!

---

<div class="post-metadata">

**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [May 16, 2009, 6:37am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/2 "2009-05-16T06:37:22Z")

</div>

Close. Assuming your style guide instructs you to follow Bluebook form, then you need to fix a few small things. When citing a particular section of a statute, you don’t include the name; it should be “U.S.C.” not “USC;” and you are to cite the latest version of the code if the statute is currently in force (2006, IIRC).

So it should be: 42 U.S.C. § 1395i–3 (2006).

FWIW, I refuse to pull out my _Bluebook_ to double-check, but I’m pretty sure that’s right.

---

<div class="post-metadata">

**Author:** ![bathsheba](https://avatars.discourse-cdn.com/v4/letter/b/9e8a1a/32.png) [@bathsheba](https://boards.straightdope.com/u/bathsheba)\
**Post date:** [May 17, 2009, 12:32am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/3 "2009-05-17T00:32:55Z")

</div>

Thanks very much. I use the Australian Guide to Legal Citation but it wasn’t clear on a couple of a points.

---

<div class="post-metadata">

**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [May 17, 2009, 1:33am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/4 "2009-05-17T01:33:11Z")

</div>

I’ve seen Acts of Congress cited by name, especially if it was a well-known law, even in legal briefs. But don’t italicize it.

---

<div class="post-metadata">

**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [May 17, 2009, 3:48am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/5 "2009-05-17T03:48:54Z")

</div>

You say “even in legal briefs” as if they were paragons of good citation form. 😉

---

<div class="post-metadata">

**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [May 17, 2009, 1:07pm UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/6 "2009-05-17T13:07:22Z")

</div>

Point taken. Perhaps I should have said (accurately) “even in court decisions.”

---

<div class="post-metadata">

**Author:** ![Martini\_Enfield](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/martini_enfield/32/11123_2.png) [@Martini\_Enfield](https://boards.straightdope.com/u/Martini_Enfield)\
**Post date:** [May 17, 2009, 1:22pm UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/7 "2009-05-17T13:22:57Z")

</div>

I’m not familiar with US legal citation methods, but when I was studying Law at Uni here in Australia I was taught it was _Legislation Year_ (State), Section Numbers.

So, you’d have _Kitten Purring Act 2009_ (QLD), s42-47.

Just to make it complicated, I was also told it was also OK to put the section _first_, so you’d have s42-47, _Kitten Purring Act 2009_ (QLD), but I think it depends on your tutor’s preferences there.

---

<div class="post-metadata">

**Author:** ![constantine](https://avatars.discourse-cdn.com/v4/letter/c/3bc359/32.png) [@constantine](https://boards.straightdope.com/u/constantine)\
**Post date:** [May 17, 2009, 7:44pm UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/8 "2009-05-17T19:44:41Z")

</div>

> [@Richard\_Parker](#):
>
> Close. Assuming your style guide instructs you to follow Bluebook form, then you need to fix a few small things. When citing a particular section of a statute, you don’t include the name; it should be “U.S.C.” not “USC;” and you are to cite the latest version of the code if the statute is currently in force (2006, IIRC).
> 
> So it should be: 42 U.S.C. § 1395i–3 (2006).
> 
> FWIW, I refuse to pull out my _Bluebook_ to double-check, but I’m pretty sure that’s right.

I think what Richard Parker said is on target, BUT, for your purpose I think it would be helpful to the reader if you include the title “Federal Nursing Home Reform Act”.  
Sometimes statutes include a section listing how they can be cited (too lazy to look up an example). “This statute may be cited as the Federal One Eyed One Eared Flying Purple People Eater Act” but from what I can tell the Federal Nursing Home Reform Act does not include such a provision.

But I think your bibilography is going to be more helpful to the reader if you include some kind of reference to the title of the act (although the title seems to be an unofficial title, but don’t quote me on that.

So what you could do is do it the way Richard Parker suggested, but then put the title in parentheses after:

42 U.S.C. § 1395i–3 (2006) (“The Federal Nursing Home Reform Act”).

---

<div class="post-metadata">

**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\
**Post date:** [May 18, 2009, 1:29am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/9 "2009-05-18T01:29:34Z")

</div>

It is common to see “et. seq.” right after the section number if you are referring to an act that is in more than one section. It just means that the section is the first of the act and the act covers some unspecified number of sections after that.

---

<div class="post-metadata">

**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [May 18, 2009, 2:29am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/10 "2009-05-18T02:29:41Z")

</div>

IIRC, no period after the “et” in “et seq.”

---

<div class="post-metadata">

**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\
**Post date:** [May 18, 2009, 2:36am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/11 "2009-05-18T02:36:49Z")

</div>

> [@bathsheba](#):
>
> Thanks very much. I use the Australian Guide to Legal Citation but it wasn’t clear on a couple of a points.

I believe the earlier advice on Bluebook formatting to be correct, but this gave me pause. If you’ve been instructed to use the Australian Guide for your assignment, and this is a school thing, you may want to ask your prof about this point. On the other hand, it may not be worth the trouble.

---

<div class="post-metadata">

**Author:** ![constantine](https://avatars.discourse-cdn.com/v4/letter/c/3bc359/32.png) [@constantine](https://boards.straightdope.com/u/constantine)\
**Post date:** [May 18, 2009, 3:49am UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/12 "2009-05-18T03:49:23Z")

</div>

> [@Elendil\_s\_Heir](#):
>
> IIRC, no period after the “et” in “et seq.”

This is correct.

BUT, from what I can tell the statute in question is just this one section. So, based on my quick review anyway, it looks like you should NOT use “et seq.” after the citation.

---

<div class="post-metadata">

**Author:** ![bathsheba](https://avatars.discourse-cdn.com/v4/letter/b/9e8a1a/32.png) [@bathsheba](https://boards.straightdope.com/u/bathsheba)\
**Post date:** [May 18, 2009, 12:09pm UTC](https://boards.straightdope.com/t/need-referencing-help-from-us-lawyer-law-student/496616/13 "2009-05-18T12:09:23Z")

</div>

> [@Mr.Excellent](#):
>
> I believe the earlier advice on Bluebook formatting to be correct, but this gave me pause. If you’ve been instructed to use the Australian Guide for your assignment, and this is a school thing, you may want to ask your prof about this point. On the other hand, it may not be worth the trouble.

I wasn’t quite sure on the AGLC’s instructions on how to reference US law. So I took **Richard Parker** ’s advice, but for clarity, added in the name of the act like **constantine** suggested.

I’ve hit ‘submit’ on the assignment now, all freakin 10,000 words of it. Thanks, all.
