Reviewer

Week 1 Assessment
● Use LEG, HLPG, Powerpoint presentations for questions on concepts, theories,
definitions, usage notes, true or false questions, steps.
● Review Bluebook Citation Signals 1.3.3.
● Where to connect collateral proceedings? cc vs s
o Post-conviction proceedings (2255) are part of a direct chain of criminal
litigation, and thus post-conviction proceedings continue in the same court
system as the original criminal litigation. 🡪 we connect to underlying
criminal action, if available
o Habeas Corpus proceedings (2254, 2241) are civil actions, separate, but
related to a criminal litigation. 🡪 we connect to underlying criminal action,
if available
o The underlying criminal litigation can arise in either a federal or state
jurisdiction, so the editor must read the document carefully to determine
which system the underlying criminal litigation arose for any possible
history connections.
o When making connections to or lettering an original criminal litigation
chain, both postconviction proceedings and Habeas Corpus proceedings
should be attached using the “cc” letter.
o Refer to five rules of sequential history.
● Cr (not IC) vs U/Up(IC); review reliance language for statute treatments
o na – not applicable; same as “d” in caselaw
▪ typical language
● not applicable
● does not apply
● bears no impact
● has no relevance
● does not affect
● is not implicated here
● not implicated in this case
 ● does not impact the case
o cr – critical of the clarity of the language of the statute; NOTES that statute
is unconstitutional as found by another court; NOTES that a statute has
previously been invalidated
▪ Typical language
● statute was declared unconstitutional
● statute was unconstitutionally vague as declared by…
● statute was repealed by..
● statute is difficult to comprehend
● grammatically incoherent
o ff – provision AT issue is considered controlling authority; there is a
conflict/argument as to what statute should be applied and the Court
resolves the conflict in favor of one provision (na/ff)
o ii/C – legislative history; cited provision AT issue is explained in a
significant way
o rt – applied upon the citing case’s discussion of the issue of retroactivity, rt
will be applied no matter what the decision is, regardless if applied or not
● Constitutionality letters (C, U, Up) – take note of the constitutional principles
discussed in class
o Void for vagueness
o Preempted/Supremacy Clause
o Facially overbroad
o Eminent domain – constitutional principle – that’s why we apply
constitutional letter
o Separation of powers doctrine –
o Express determination of constitutionality – “having concluded sections __
and ___ are constitutional”
o Separation of powers principles
o Import-Export Clause – federal constitution
o Question: Do we have a constitutional principle cited here?
o Does not violate the constitution
 o State Statute is not violative of the state constitution
● C, U, Up, V, Va, Vp – IC determines the constitutionality or validity of the
provision
● If another court determined the constitutionality or validity of the provision:
o If constitutional/valid – ii
o If unconstitutional/void – cr
● Sentence reduction filed under 3582©(2) – not collateral (cc) proceedings; s
letter
● “c” criticized– court renders a negative, unfavorable analysis of the cited case,
and criticism is not so severe so as to completely invalidate the case (overruling
language is not used)
● Kindly review and scan the f operative sheet for all possible mandatory f
languages. This may come in handy for “f” questions.
● o/op (IC) vs q/qo/qop and concept of authority – Please refer to Zeena’s notes

● Negative Treatment framework

1) identify the reliance language;
2) identify the invalidating court/decision (IC or cited case);
3) identify the invalidated decision/court;

Take note:  S(subject/doer/invalidating case) – V (verb/reliance

language) – O (object – invalidated case)

4) identify if the invalidating court has the authority

● USSC – All courts
(citations include any of these reporters: U.S. LEXIS, US, S. Ct.)
● US App – same circuit court or FDC within the same circuit: Ex. CA
– 9TH Cir
(citations include any of these reporters: U.S. App. LEXIS, 9th Cir.,
Fed. Cir., F.2d, F.3d (F – stands for Federal)
 ● FDC – own prior decisions (issued by the same judge)
(citations include any of these reporters: F. Supp. 2d, F. Supp. 3d,
S.D. D. Cal.)
● State SC – same court and all state lower courts (from same state)
(citations are in this format: “State Abbreviation” LEXIS/”State
Abbreviation” (e.g. Colo. LEXIS/ Colo.))
● State App – same court and trial court (from same state)
(citations are in this format: “State Abbreviation” App. LEXIS/”State
Abbreviation” (e.g. Colo. App. LEXIS/ Colo. App.))
5) identify the appropriate treatment.

● Difference between o/op and qo/qop:

o o/op – IC is the doer/invalidating court
o qo/qop – another cited case is the invalidating court

● There is no such thing as "constitutional as stated in" , "unconstitutional as

stated in", etc.
U/Up – your Court is declaring that the provision is unconstitutional
cr – critical of the clarity of the language of the statute; NOTES that statute is
unconstitutional as found by another court; NOTES that a statute has
previously been invalidated

● Caselaw Treatments
o f – consult f sheet for mandatory/may supporting f languages
o ca – there is a split or differing opinion among courts; court does not
choose any side
▪ There is a split among courts
▪ Some courts.. other courts
▪ We need not decide the issue today; we need not choose one
side today
o f/c – split but court chooses 1 side; citations adopted get f treatment
while side that was not chosen gets c treatment
o d – typical language: different; distinguishable; in contrast; here,
however; inapplicable; inapposite; unlike - factual difference or
inapplicability of legal principles
o h – distinction without a difference; distinction is of no importance here
o l – citing case restricts the application of the cited case; use d/c if the
citing case does not have authority to limit the cited case
o e – “does not stand for”; “did not say that… but merely that..”; “stands
for”
o q – typical language: reversed, vacated, withdrawn, withdrew, change
in judicial law, passage of time
o qo, overruled as stated in - court is not the one doing the overruling
o qop – same with qo but done in part. Typical language: overruling
language + in part/to the extent
o o – instant court is the one doing the overruling; there should be
authority to do so.
o Op – same language with “o” but done in partial. Typical language:
partially overruled, to the extent
o Overruling languages include:
▪ Abrogate
▪ Retire
▪ Renounce
▪ Abandon
▪ Disapprove
▪ Recede from
▪ Is no longer good law
▪ Disavow
▪ reject
o “c” – typical language: decline to follow, disagree with, do not follow
 ▪ If there is an overruling language and the one overruling does
not have authority over the one being overruled, we use “c”.
o su – applied in caselaw the case is invalidated or overruled by
statute/amendment/legislation/enactment/Act
o superseded by statute as stated in

● Review report and recommendation and AO pairing.

o a/adopted can only be used if the relate back RR is available
o if the relate back RR is not available, use the s phrases available and
drop the a/adopted
● Check updated HLPG for phrases. Again, reflect the Court’s language. Read the
phrase’s usage notes.
● Has met the factors of [statute] – no ff/no f 1….2…3…4 section 3592
● Has met the factors of [cited case] – apply f; be mindful of cumutative f and string
cites as we also apply f to them; citations following weak signals such as “See
also” generally receive no letter unless there is enough supporting language; It is,
under Gibbs factors, that the Court…
● V/Va/Vp – generally used for regulatory materials such as C.F.R./Fed. Reg.
o Applied when there is a challenge between federal statutes only or
between state statutes only
● Review relate back letters and phrases.
o Relate back letters and phrases are only used if the relate back order or
decision is available. If not available, use the “s” counterpart.
o If multiple phrases have to be used, retain the letter with the strongest
signal.
o Relate back letters
▪ a affirmed s/droa
▪ r reversed, rejected s/droa
▪ v vacated s/droa
▪ ReD reconsideration denied s/motion denied, s/request
denied, s/request denied, s/petition denied
 ▪ ReG reconsideration granted s/motion granted, etc. –
depends on the Court’s language
▪ M modified (substantive changes) /s corrected (clerical errors)

▪ W opinion withdrawn
▪ S superseded/Substituted opinion
▪ A adopted drop a/adopted and instead use/retain
the remaining s phrases
▪ D appeal dismissed both a relate back and non relate back
phrase
● Review usage of the s phrases clarified and discussed in class.
o Judgment entered The Clerk is directed to enter judgment – WE DO
NOT USE JE
▪ Use this phrase when a defendant is adjudged guilty – use JE
o Injunction granted/injunction denied – permanent and preliminary injuction,
TRO, enjoined/enjoins; not to be used with protective orders
o Sentence imposed – motion for reduction of sentence is granted (in part or
as a whole)
o Class certification granted – not to be used for FLSA; can be used for
conditional or preliminary granting of class certification
o Class certification denied - not to be used for FLSA
o Settled – can be used for conditional or preliminary approval of settlement
▪ Motion to enforce settlement is granted = motion granted
o Costs and fees proceeding – bill of costs; attorney’s fees
o Dismissed, in part vs claim dismissed vs dismissed
▪ The Court dismisses the case in part with prejudice/without leave to
amend, and dismisses some of the cases or the case in part, w/o
prejudice/with leave to amend = dismissed, in part, dismissed in
part, w/o prejudice, as moot, motion denied, in part
▪ Remaining claims are dismissed = dismissed by
o Related proceeding – neutral
 o Rogers (d) …. Rogers (qo)

Plaintiff’s reliance on Rogers is not helpful. (d) …….. Because Rogers was overruled by
a 9th cir case in Williams (qo)
(f) (d) – ok to retain both
A fortiori – could look like a d but outcome is the same = f
If there are multiple negative treatment/multiple reliance language for negative
treatment in one paragraph, then we choose the strongest letter.