NFPA Paralegal Core Competency Exam (PCCE)Legal ResearchHard
A paralegal is preparing a brief for a federal court and needs to cite a case decided by the U.S. Court of Appeals for the Fifth Circuit, which was subsequently denied certiorari by the U.S. Supreme Court. According to The Bluebook, how should the denial of certiorari be indicated in the citation?
- ABy adding 'rev'd' followed by the Supreme Court citation.
- BBy adding 'cert. denied' followed by the Supreme Court citation.
- CBy adding 'aff'd' followed by the Supreme Court citation.
- DBy adding 'cert. granted' followed by the Supreme Court citation.
Show answer & explanationAnswer & explanation
Correct answer: B. By adding 'cert. denied' followed by the Supreme Court citation.
According to Bluebook Rule 10.7, subsequent history should be included in a citation. When the U.S. Supreme Court denies certiorari, it means it declined to hear the appeal, and this is indicated by 'cert. denied' followed by the Supreme Court reporter citation.
Why the other options are wrong
- A. 'Rev'd' indicates the decision was reversed, which is not what 'denied certiorari' means.
- C. 'Aff'd' indicates the decision was affirmed, not that certiorari was denied.
- D. 'Cert. granted' indicates the Supreme Court agreed to hear the case, which is the opposite of denial.
Certiorari Denied
A notation in legal citation indicating that the U.S. Supreme Court declined to review a case on appeal, meaning the lower court's decision remains final.
- Abbreviated as 'cert. denied' in Bluebook.
- Does not mean the Supreme Court agrees with the lower court's decision.
- Simply means the Court chose not to hear the appeal.
Memory trick: Follow the 'Case Path': Affirmed, Reversed, Denied.