Using Case Law in Your Writing

Submitted by [user:field_first_name]

There are a few ways to weave cases into your argument.

Simple Citation 

  • If you make a simple statement of law, then one style is to only include the citation from the case. 
  • This citation method is good when you are using the case law to support a general statement of law. 
  • Some examples,
    • Trespass does not occur when the landowner gives implied consent. Brown-Bears v. Goldilocks, 123 P.3rd 456, 461 (Colo. 2177).
    • Pets obtained before the marriage are not considered marital property. In Re Marriage of Targaryen, 123 P.3d 111, 115 (Colo. App. 2156).

Parenthetical Citation 

  • In this method, you would include a one sentence statement with the citation that includes a key fact from the case. 
  • You would use this method if that fact strengthens your argument. 
  • Some examples are:
    • Trespass does not occur when the landowner gives implied consent. Brown-Bears v. Goldilocks, 123 P.3rd 456, 461 (Colo. 2177) (holding that a welcome mat and an open door does not establish implied consent).
    • Pets obtained before the marriage are not considered marital property. In Re Marriage of Targaryen, 123 P.3d 111 (Colo. App. 2156) (finding that dragons were separate property despite the expense and care provided by both spouses during the marriage).

Paragraph Citation

  • Sometimes a case is so relevant to your case, or so crucial to your argument, that you will want to go into more detail about that case.
  • This is when you would provide a more detailed written explanation about that case and compare that case to your own.
  • For example:
    • Topic/Transition: “In re Targaryen is a key case to understanding how courts should factor pets into marital assets. In Re Marriage of Targaryen, 123 P.3d 111 (Colo. App. 2157).”
    • Facts of that Case: “In the Targaryen case, the Petitioner received three dragons as a gift before the marriage. Id. at 113. The Respondent met and married the Petitioner after she had obtained the dragons. Id. Respondent spent many hours feeding and training the dragons during the marriage. Id. at 115.”
    • Law from that Case: “The Targaryen court acknowledged that most property that is obtained by one spouse before the marriage, but then is invested in by the other spouse during the marriage, is usually considered marital property. Id. at 123.
    • Application and Holding of that case: “However, the Court found that because pets are living beings that form attachments to their initial owners, and the dragons are still strongly attached to the Petitioner, the traditional rules of real property do not apply to pets. Id. at 125.”
    • Apply to your case. Let the court know why you spent so much time and detail discussing this case. For example, “The Targaryen case is important to understanding this case because …”

Next Steps

Back a Step   |   Using Case Law

Go to   |   Case Law Overview