The Intricacies of “But See” Legal Citations

Legal citations backbone legal writing research. They provide a roadmap for readers to locate the sources of legal authority and understand the reasoning behind a particular argument or decision. One lesser-known type of legal citation is the “but see” citation, which can add depth and nuance to legal analysis.

Understanding “But See” Citations

A “but see” citation is used to signal to the reader that the cited authority may present a contrasting or different viewpoint from the main point being discussed. It is often used to introduce counterarguments or alternative interpretations of the law.

When using a “but see” citation, the writer is acknowledging the existence of other viewpoints and demonstrating a nuanced understanding of the legal landscape. Can add credibility depth legal arguments.

Examples of “But See” Citations

Let`s take a look at an example to illustrate the use of “but see” citations:

Main Point Supporting Citation Contrasting Viewpoint
The defendant had a duty to exercise reasonable care. Smith v. Jones, 123 F.3d 456 (2d Cir. 2005) But see, Johnson v. Brown, 567 F.2d 789 (9th Cir. 2008) (arguing that the duty of care should be evaluated differently in cases of professional negligence).

In this example, the “but see” citation introduces a contrasting viewpoint on the duty of care, adding complexity and nuance to the legal analysis.

Benefits of Using “But See” Citations

Introducing alternative viewpoints through “but see” citations can strengthen legal arguments by demonstrating a thorough understanding of the law and its complexities. It also shows respect for opposing viewpoints and can help to preemptively address potential counterarguments.

Legal writing is all about precision and thoroughness, and “but see” citations can be a valuable tool for achieving these goals. By acknowledging and addressing alternative viewpoints, legal writers can elevate the quality of their arguments and contribute to a more nuanced and informed legal discourse.

 

Get Answers to Your Burning “But See Legal Citation” Questions

Question Answer
What does “but see legal citation” mean? Ah, “but see legal citation” is a phrase used to indicate that a related authority is worth looking at but does not directly support the proposition.
How do I use “but see legal citation” in my legal writing? Well, my dear friend, you can use “but see legal citation” to acknowledge a related authority`s existence while also pointing out that it doesn`t entirely align with your argument. Adds depth nuance arguments.
Is “but see legal citation” a mandatory part of legal writing? Nope, it`s not mandatory, but it sure does add a layer of sophistication to your legal arguments. It`s like adding a dash of spice to your writing!
Can “but see legal citation” strengthen my legal arguments? Absolutely! By referencing related authorities and at the same time subtly indicating their limitations, you can show the depth of your research and understanding of the law. It`s like weaving a beautiful tapestry of legal reasoning.
Should I use “but see legal citation” in every legal brief? Not necessarily, my friend. Use it when it adds value to your argument. Think special ingredient recipe – use sparingly thoughtfully.
How do I format “but see legal citation” in my legal writing? Ah, the formatting! Simply insert “but see” followed by the citation in italics. It`s like adding an elegant flourish to your writing.
Can “but see legal citation” be used in court? Of course, my legal eagle! It can be used to subtly guide the court`s attention to related authorities while also highlighting their divergences from your argument.
Are there any pitfalls to using “but see legal citation”? Well, my dear reader, like any tool, “but see legal citation” should be used with care. Overuse or misuse can dilute its impact and may even confuse your readers. Like seasoning – too much salt ruins dish!
Can “but see legal citation” be used in non-legal writing? While it`s primarily a legal term, you can surely sprinkle it into other academic writing to indicate related authorities with divergent views. It`s like a secret language for the intellectually inclined!
Where can I find examples of “but see legal citation” in legal documents? Oh, my curious friend, legal journals, appellate court opinions, and academic articles are great places to find examples of “but see legal citation” in action. Dive in and bask in the glory of legal scholarship!

 

Legal Citation Agreement

This agreement is entered into on this day _____, 20__ by and between the following parties:

Party A
Party B

Whereas Party A and Party B collectively desire to establish the terms and conditions for the citation of legal authorities in their professional dealings, they hereby agree as follows:

1. Definition of Legal Citation: For the purposes of this agreement, legal citation refers to the practice of referencing specific legal sources such as cases, statutes, regulations, and other legal authorities in written and oral communications related to legal matters.

2. Obligations of Parties: Party A and Party B agree to adhere to the established rules and norms for legal citation as prescribed by relevant legal authorities, including but not limited to the Bluebook, ALWD Guide to Legal Citation, and any applicable local or jurisdictional standards.

3. Compliance with Legal Practice: Both parties acknowledge the importance of accurate and consistent legal citation in maintaining the integrity and professionalism of their legal work. They agree to ensure that all citations are relevant, accurate, and consistent with prevailing legal standards.

4. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the parties are primarily engaged in legal practice.

5. Dispute Resolution: Any disputes arising out of or relating to this agreement shall be resolved through arbitration in accordance with the rules of the relevant arbitration institution in the jurisdiction.

6. Entire Agreement: This agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

IN WITNESS WHEREOF, the parties have executed this Legal Citation Agreement as of the date first above written.

Party A Signature: ___________________
Party B Signature: ___________________