I agree with this. And in my first example, there would certainly be nothing wrong with capitalizing Motion to Dismiss. I was wondering whether the name of the action in a count should be capitalized. Great question! The Bluebook does not provide a specific answer here.
The general rule on capitalizing titles in Bluebook Rule 8 a indicates that you would capitalize the title. In my experience, capitalizing the title of an action is the general custom as well. Are you sure about this? Lee — I agree. Thanks for your good question. My preference is to add the definite article. Rule 8. In those examples, as well as others in Rule 8, the definite article continues to be used.
My preference for using the definite article is based more on the grammar rule that you should use a definite article when using a specific noun. Before responding to your question, I looked at a sample of federal and state opinions. In some cases, the author of the opinion used both forms Petitioner and the Petitioner, for instance. In those opinions, it seemed the author may have added or omitted the definite article based on how the reference sounded in the sentence.
I think the best answer here is to say use your best judgment. The custom in your area of practice may be to omit the definite article. In that case, it may be more comfortable for you and the reader of your briefs to continue to omit the definite article. Or, maybe you want to create the sense that your writing is more formal, in which case adding the definite article would help to create that sense of formality.
It is true that it is common to see those terms capitalized and used without articles in many examples of legal writing, and the Bluebook example does seem to endorse that approach. My co-author Laurel Oates and I have seen the article included and deleted in the writing of many attorneys and judges. Nevertheless, the general rules concerning articles in English are clear about when they should be used with nouns in situations like these, and we believe that is why so many readers find it jarring when they see plaintiff or defendant used without an article.
The comparable situations may help to illustrate the rule. For example, in a sentence in which the noun is an appositive, the article is used. Example: David Brown, the landlord, unlocked the apartment.
OR The landlord unlocked the apartment. In an example in which a proper noun is used as part of a title or full name, the same analysis applies. After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny , intermediate scrutiny , and rational basis scrutiny. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use.
It is important to note that courts have combined elements of two of the three tests to create an ad hoc test. Please help us improve our site! No thank you. Use the same rule for lists with or.
Example: Would you like to see the case, statute, regulation, or rule? When a conjunction joins two clauses of a compound sentence, place a comma before the conjunction, even though the clauses may be short. Conjunctions are connecting words, including or , and, and but. Clauses include both a subject and predicate. Example : The CEO divided his management team into three groups, and each group was given specific responsibilities.
Material after a colon should begin with a capital letter only if it is a complete sentence or more than one sentence. Items in a series following a colon can be separated by commas rather than semicolons unless the items have internal punctuation or are long or complex. Use a colon to introduce a formal statement or quotation. Place a colon after the terms as follows or the following when followed directly by a list.
However, if the introductory statement is complete and is followed by other complete sentences, a colon is not needed. Example: The directions are clear. See the detailed map on page 3. Take Route 1 North to Route and take a left. Use a semicolon between two main clauses of a compound sentence that are not connected by a conjunction. Use semicolons instead of commas when the items in a series are very long or include internal punctuation.
Enumerations that are run into the text usually can also be indicated by small roman numerals. As noted above, in a simple series with little or no punctuation within each item enumerated, separation by commas is sufficient.
Otherwise, semicolons are used. A colon is not necessary if the sentence flows and is understandable without the colon. Example: The defendant was found guilty on the basis of i a bloody glove, ii a footprint, and iii a DNA sample.
Note that this sentence does not require a colon or semicolon. Example: The defendant was found guilty on the basis of three pieces of evidence: i the bloody glove, ii a footnote, and iii a DNA sample. Note that this sentence requires a colon and commas, but semicolons are not necessary because the elements themselves are simple. Use hyphens sparingly. Generally, do not hyphenate the following words, even if used as an adjective.
Examples: bylaws, preexisting, common law long arm, rulemaking, counterclaim, nonmarital, overreaction, reelection, subdivided, superimposed, supranational, ultraconservative, underestimate, bipartisan.
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