LEGAL RESEARCH PAPER

Advanced Legal Research Assignment using WestLaw and Bluebook. Please, please make sure that whomever does the assignment knows exactly how to do proper citations. This is an assignment I had one of your writers do (Order #435) and it was marked as incorrect. Please read below.

Advanced Legal Research Assignment using WestLawNext and Bluebook for Citations. Using WestlawNext, you will access: (1) a federal opinion regarding Miranda warnings, and (2) a state opinion (from the state where you live) regarding Miranda warnings. Cite each opinion as it appears on WestlawNext, and then provide the proper citation for each as it would be cited in a legal document (using your Bluebook to format).

VERY IMPORTANT: You must indicate the Bluebook rule(s) & page(s) you used to format your cases. Explain how the citation format differs between WestlawNext and Bluebook. Please also explain why you think WestlawNext does not cite according to citation rules set forth in the Bluebook.

I had already turned this assignment in and my instructor said it was wrong. Here is what I answered:

(1) In the case 120 S.Ct. 2326 Charles Thomas Dickerson, Petitioner, v. the UNITED STATES, No. 99-5525., argued April 19, 2000., decided June 26, 2000., the Supreme Court held that Miranda’s warning-based method to establishing the admissibility of a statement made by the defendant during protective debriefing was constitutionally based and could not be in effect overridden by legislative act. (2) The Supreme Court held, on questions of apparent first impression, the following opinions in the case 28 Cal.4th 1007 Supreme Court of California, The people, Plaintiff and Respondent, v. Charles Edward Storm, Defendant and Appelant., No. So88712., Aug. 15, 2002. Certiorari Denied Jan. 13, 2003., 123 S.Ct. 899. The respondent’s release from protection after Miranda violation in the first interrogation was not pretext or ruse, and suspect’s testimonials during the first interrogation were, apart from Miranda violation, deliberate.

The proper citation for the case of Charles Thomas Dickerson, Petitioner, v. UNITED STATES would be:

Charles Thomas Dickerson, v. UNITED STATES, 120 S.Ct 2326 (D. Mass. 2000)

*Bluebook Twentieth Edition pg. 10; B10.1.1 Full Citation

while that of the case of The people, Plaintiff and Respondent, v. Charles Edward Storm, Defendant and Appellant would be:

The people v. Charles Edward Storm, 123 S.Ct 899 (2d Cir. 2003)

*Bluebook Twentieth Edition pg. 10; B10.1.1 Full Citation

The Bluebook citation format differs from WestLawNext because it does not identify the plaintiff and defendant. WestLawNext does not follow the citation rules outlined in the Bluebook because it is meant to provide more detailed information relating to a case thus giving more in-depth information to law researchers.

This was my professors response:

Please review and redo BB3. You’ll need to find new cases (please avoid using anything that other students used). 

Your first citation should be:
Dickerson v. United States, 530 U.S. 428 (2000).
Bluebook T1.1 (p. 215) instructs you to “[c]ite to U.S., if therein; otherwise, cite to S. Ct., L. Ed., or U.S.L.W., in that order of preference.” This means that you must use the U.S. reporter when available.
There is a conflict in your citation. The reporter tells me this is a Supreme Court case, but the info in the parentheses tells me that this is a federal case out of the 2nd Cir.
Supreme Court cases only require the year in the parentheses.

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Your second citation should be:
People v. Storm, 52 P.3d 52 (Cal. 2002)
Bluebook T1.3 (p. 231) says that if you are citing to a California Supreme Court case you must “[c]ite to P., P.2d, or P.3d, if therein.”

There is a conflict in your citation. You cited to a US Supreme Court reporter but your parentheses tells me that this is a 2nd circuit case. Both the reporter and the info within the parens indicate you were using information from the federal level.

 

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