Kara Sears
Case citation is a system used by legal professionals to identify past court case decisions. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. The standard case citation format in the United States is: Roe v. Wade, 410 U.S. 113 (1973). In this example, “Roe” is the surname of the plaintiff, and “Wade” is the surname of the defendant. The citation indicates that the decision was published in volume 410 of the United States Reports, the official report for United States Supreme Court decisions, beginning on page 113, and that the decision was issued in 1973.
Explore related products
What You'll Learn
Case citation systems
Case citation is a system used by legal professionals to identify past court case decisions, either in a series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but they generally contain the same key information. For example, the citation 'Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)' identifies a decision in a case between an appellant, Stearns, and an appellee, Ticketmaster Corporation. It indicates that the decision was published in volume 655 of the Federal Reporter, beginning on page 1013, and that it was issued by the United States Court of Appeals for the Ninth Circuit in 2011.
The rules governing the most widely used legal citation style can be found in 'The Bluebook: A Uniform System of Citation', compiled by the editors of the Columbia, Harvard, University of Pennsylvania, and Yale law reviews. The Bluebook provides guidelines for creating simple and straightforward case names from the list of parties given at the beginning of every case report. For example, in 'Roe v. Wade, 410 U.S. 113 (1973)', 'Roe' is the surname of the plaintiff, and 'Wade' is the surname of the defendant. It is unusual to refer to the names of the plaintiff(s) and defendant(s), but often there is an unofficial popular name for the decision, such as 'Telefonsjikanedommen', which refers to a 1952 case where the Supreme Court ruled that telephone harassment was not illegal under the current criminal code.
In some jurisdictions, such as England, Australia, and some parts of Canada, volumes are not numbered independently of the year, so the year and volume number are required to identify the relevant book in a series. In addition, different reporters may use different names for the same case, or a case may be given different names at different stages. In such cases, the Bluebook recommends using the case name given in the reporter being cited. If both reporters are being cited, introduce the case using the phrase 'sub nom.'
Other general rules for case citations include the use of Arabic numerals for volume numbers, even if they appear as Roman numerals in the original source. Page numbers may be cited as either Arabic or Roman numerals, depending on how they appear in the original source. Case citations for electronic services should only be used if there is no neutral citation and no, or only one, print reporter.
Civil Law Juries: Who Decides the Verdict?
You may want to see also
Explore related products
Case name formatting
Case citation is a system used by legal professionals to identify past court case decisions. Case citations are formatted differently in different jurisdictions, but they generally contain the same key information. The standard case citation format in the United States follows the structure: Roe v. Wade, 410 U.S. 113 (1973). Here, "Roe v. Wade" is the abbreviated name of the case, with "Roe" being the surname of the plaintiff (or appellant) and "Wade" being the surname of the defendant (or appellee).
In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined. In academic legal writing (i.e. a law review article), full case names are generally not underlined or italicized. In brief format, use italics for a case name, whereas in law review footnote format, the case name is in regular typeface. In the text of a law review article, italicize the name of a case.
The Bluebook provides rules and guidelines for creating simple and straightforward case names. Rule 10.2 applies to case names in both textual sentences and citations, while Rule 10.2.2 applies only to case names contained in citations and provides additional guidance for the abbreviation of words appearing in case names.
A case citation typically has five parts: party names, the name of the reporter in which the case is found, the volume number of the reporter, the page in the reporter where the case starts, and the year the case was decided. The party names and the year may not be included. For example, the citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)" identifies a decision in a case between an appellant, named Stearns, and an appellee, named Ticketmaster Corporation. The citation indicates that the decision was published in volume 655 of the Federal Reporter, Third Series, beginning on page 1013. The citation also shows that the decision was issued by the United States Court of Appeals for the Ninth Circuit in 2011.
In some jurisdictions, such as Ohio, the parties' names are kept in the same order on appeal as in the trial court. However, if the defendant in the trial court case brings an appeal, the defendant's name may be listed first in the appellate case.
Understanding Legal Holdings: What's the Court's Decision?
You may want to see also
Explore related products
![A Selection of Cases of the Law of Trusts: With Notes and Citations [1881-1882]](https://m.media-amazon.com/images/I/61PCg5rC5CL._AC_UY218_.jpg)
Court and year parentheticals
In the United States, the standard case citation format includes the plaintiff's surname, followed by the defendant's surname, the volume number, the abbreviated court and year, and the specific page number or pincite. For example, in the citation "Roe v. Wade, 410 U.S. 113, 115 (1973)", "Roe" represents the plaintiff, "Wade" the defendant, "410" the volume number, "U.S." the abbreviated court, "1973" the year, and "115" the pincite. This format enables legal professionals to efficiently locate and reference specific cases and their relevant details.
The Bluebook, a widely recognised authority on legal citation style, offers comprehensive guidelines for crafting case citations. According to Bluebook Rule B10, a parenthetical indicating the court and year of the decision is essential for citing federal cases. For instance, in "Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. 2012)", the parenthetical "(1st Cir. 2012)" specifies the court and year of the decision. This format adheres to the standard structure, facilitating consistency and ease of reference across legal documents.
The inclusion of the court and year parenthetical is not merely a matter of style but serves a practical purpose in legal writing. It enables readers to quickly ascertain the jurisdiction and timing of the case, which can be critical factors in assessing the applicability and relevance of the cited precedent. The specific court and year also provide valuable context for understanding the legal principles discussed and their potential evolution over time.
While the structure of court and year parentheticals may seem formulaic, adhering to these standardised citation practices is essential for effective legal communication. It ensures that legal professionals can efficiently locate and comprehend the referenced cases, promoting clarity and consistency in legal discourse. These citation conventions are an indispensable tool for legal researchers, enabling them to navigate the vast body of case law and extract pertinent information with precision and expediency.
Writing Case Briefs: A Step-by-Step Guide for Law Students
You may want to see also
Explore related products
Page and volume numbers
When citing case law, it is important to include page and volume numbers as part of the citation. The specific format of the citation will depend on the style guide being used, such as the Bluebook or the Australian Guide to Legal Citation (AGLC).
The Bluebook is a citation guide used in the United States, and it provides specific rules for citing cases. According to the Bluebook, volume numbers should be cited using Arabic numerals (1, 2, 3) even if they appear as Roman numerals (XXV) in the original source. Page numbers may be cited as either Arabic or Roman numerals, depending on how they appear in the original source. The Bluebook also requires a parallel citation when a decision has been published in a public domain format.
The AGLC is used in Australia and provides similar guidance on citing cases. According to the AGLC, the citation should include the case name, year, volume, law report series abbreviation, starting page, and pinpoint reference. For example, "Mabo v Queensland (1992) 175 CLR 1, 9". In this example, "Mabo v Queensland" is the case name, "1992" is the year, "175" is the volume number, "CLR" is the law report series abbreviation, "1" is the starting page, and "9" is the pinpoint reference. Square brackets are used around the year for law reports organised by year, and if more than one volume is produced in a year, the volume number should be included in the citation.
It is worth noting that some cases may have multiple citations due to being published in different reporters or having both reported and unreported decisions. In such cases, parallel citations may be required to provide a comprehensive reference.
Overall, providing accurate and complete citations, including page and volume numbers, is crucial for enabling readers to locate the relevant source material and understanding the context and specifics of the case law being referenced.
Understanding Lemon Law: Your Rights Explained
You may want to see also
Explore related products
Official and unofficial reporters
Case law is published in both official and unofficial reporters, also known as case law reporters or law reports. Official reporters are governmentally approved publications that reproduce the reported cases within a given jurisdiction. Many states still publish their own reporters. The official reporter is the reporter that should be cited when submitting documents to the court in that jurisdiction. The text of an opinion should be identical in both the official and unofficial reporter. The only difference between an official and an unofficial reporter is under whose authority the reporter is published. For example, the South Eastern Reporter is the official reporter for the state of West Virginia but the unofficial reporter for the state of Virginia.
Unofficial reporters also reproduce the reported cases within a given jurisdiction. However, they are published by commercial publishers (such as West, Lexis, BNA) and are generally considered unofficial reporters. They may include editorial enhancements, such as headnotes, in addition to the text of the opinion. A headnote is a brief summary of a specific point of law decided in a case. Headnotes are a great research tool but are not considered legal authority and should never be cited to.
In the United States, the official report for United States Supreme Court decisions is the United States Reports. Supreme Court opinions are the only federal opinions published in official case reporters. West is the major publisher of unofficial case reporters. In addition to the official United States Reports, Supreme Court opinions are published in West's Supreme Court Reporter and Lawyer's Edition (Lexis).
In India, the official reporter for Supreme Court decisions is the Supreme Court Reports. The All India Reporter (AIR) is an old and respected reporter that, in addition to the Supreme Court, also reports decisions of the various State High Courts.
Antitrust Laws: Violation Cases and Their Consequences
You may want to see also
Frequently asked questions
Case citation is a system used by legal professionals to identify past court case decisions, either in a series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
The standard case citation format in the United States is: Roe v. Wade, 410 U.S. 113 (1973). Here, Roe v. Wade is the abbreviated name of the case, with the first name being that of the plaintiff and the second being that of the defendant.
The rules governing the most widely used legal citation style in the United States can be found in The Bluebook: A Uniform System of Citation. The Bluebook provides guidelines for creating simple and straightforward case names, as well as rules for abbreviating reporter names, volume and page numbers, and pinpoint citations.
The correct citation for federal cases has three basic parts: the name of the case, the court and year of the decision, and any other relevant parenthetical information. For example: Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. 2012).
Yes, it is possible to cite a defendant's case law in authorities. The standard case citation format includes the name of the defendant as the second part of the case name. For example, in Roe v. Wade, Wade is the defendant's name.
