Write On!

• Jurisdiction: Wyoming,United States
• Pages: 40
• Citation: Vol. 46 No. 4 Pg. 40
• Publication year: 2023

Write On!No. Vol. 46 No. 4 Pg. 40Wyoming Bar JournalAugust, 2023

Michael R. Smith

Guidelines for Citing Multiple Cases For a Well-Recognized Rule

Legal writers will often state a rule that has been recognized in multiple cases within the writer's jurisdiction. In these situations, the writer must decide how many and which cases should be cited for the well-recognized rule. One option is to cite a single case (perhaps the most recent). The problem with this strategy, however, is that citing a single case does not demonstrate to the reader that the rule is well recognized nor does it

Under the Goldilocks citation strategy, when a writer is citing cases for a well-recognized rule, the writer cites in a single citation sentence two or three strategically-chosen cases that represent the entire body of cases in the jurisdiction that support the rule. In this article, I discuss guidelines for choosing representative cases in these situations.

provide the reader with much history or context regarding the rule's existence and use in the jurisdiction. A second option is to cite all of the cases in the jurisdiction that have recognized the rule. However, lengthy string cites are cumbersome and disfavored in legal writing, so that is not really a viable option either. The better option is the third option, which I call the Goldilocks option because it is a compromise between the other two extreme options.

Michael R. Smith is a Professor of Law at the University of Wyoming College of Law and the Director of the Center for the Study of Written Advocacy.

Under the Goldilocks citation strategy, when a writer is citing cases...