Kara Sears
When it comes to legal writing and citing case law, the formatting of titles can vary depending on the style guide being used. The MLA (Modern Language Association) style, for example, recommends italicizing the names of court cases in titles, such as Marbury v. Madison. Similarly, the AP (Associated Press) Styleguide also italicizes court cases. On the other hand, when citing laws, acts, and political documents in MLA style, these are capitalized like titles but set in roman font. Additionally, according to the Bluebook Legal Citation guide, case names in full citations should be in plain text, except for certain procedural phrases like ex rel., which are italicized.
| Characteristics | Values |
|---|---|
| MLA Style | Italicize the names of court cases, e.g. Marbury v. Madison |
| AP Style | Italicize court cases |
| Bluebook Legal Citation | Italicize case names in footnotes when they are grammatically part of the sentence |
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What You'll Learn
MLA Style Center recommends italicising case names
The MLA Style Center, the only authorised website on MLA style, recommends that writers citing legal works should document the version of the work they consulted, rather than the canonical version of the law. This is one of the fundamental principles of MLA style.
When it comes to titles, the MLA Style Center provides specific guidance. Writers should standardise the titles of legal sources in their prose and list of works cited. Court case names should be italicised, as in "Marbury v. Madison". On the other hand, when citing laws, acts, and political documents, writers should capitalise their names and use roman font.
Additionally, when a legal source is contained within another work, such as the United States Code appearing on a website with a separate title, the MLA Style Center instructs writers to treat the source as an independent publication. This means styling the title as it would appear in prose—in italics if it is the name of a court case and in roman if it is a law or similar document. Quotation marks are not used around the title.
The MLA Style Center's recommendations for italicising court case names are consistent with the AP Stylebook, which is a resource for journalists on grammar and word usage. According to a post on Reddit, the AP Stylebook also italicises court cases.
Therefore, when using case law in a title, it is recommended to follow the MLA Style Center's guidance and italicise the case name. This helps to distinguish it from other types of legal documents and ensures consistency in MLA-style citations.
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AP Stylebook also recommends italicising case names
The AP Stylebook, a resource for journalists on grammar and word usage, recommends italicising case names. This is in line with the MLA Style Center, which also suggests that writers citing legal works should italicise the names of court cases. For example, when citing "Marbury v. Madison", the case name would be italicised as such: Marbury v. Madison.
The MLA Style Center provides guidelines for documenting legal works and treating legal sources contained within other works. When a legal source is part of a larger work, such as the United States Code on a website, it should be treated as an independent publication. This means that the title of the legal source should be styled in italics if it is the name of a court case and in roman font if it is a law or similar document.
The MLA Handbook specifies that writers should italicise the names of court cases and use roman font for laws, acts, and political documents. For instance, when citing the "United States Code," the title would be styled in roman font without quotation marks: United States Code.
It is important to note that different style guides may have varying recommendations for formatting case law in titles. While the AP Stylebook and MLA Style Center recommend italicising case names, other style guides, such as the Bluebook Legal Citation, suggest using ordinary plain text for case names in full citations.
Therefore, when using case law in a title, it is essential to consult the specific style guide or publication manual relevant to your field or discipline to ensure consistent and accurate formatting.
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Italicise procedural phrases like 'ex rel.'
When it comes to legal citations, it is important to adhere to specific typeface conventions to ensure consistency and clarity. According to the Bluebook Legal Citation guide, certain procedural phrases, such as "ex rel.," should be italicized. This is specifically mentioned in the context of full citations, where plain text is typically used for case names, but procedural phrases are italicized.
The example provided by the Bluebook guide is "Schiavo ex rel. Schindler v." where "ex rel." is italicized. This phrase, "ex rel.," stands for "ex relatione" or "on behalf of," indicating that a party is bringing a suit on another person's behalf.
Other sources, such as the MLA Style Center, also provide guidance on documenting legal works. While their focus is on the MLA style rather than legal citation style, they offer insights into treating legal sources within larger works. They advise treating the legal source as an independent publication and using italics for court case names.
For example, when citing a court case, the MLA Handbook recommends using italics for the case name, such as "Marbury v. Madison." However, when citing laws, acts, or political documents, these should be capitalised like titles and set in roman font, without italics.
In summary, when encountering procedural phrases like "ex rel." in legal citations, it is standard practice to italicise them. This is a specific convention outlined by the Bluebook Legal Citation guide and is applicable to full citations. Additionally, the MLA Style Center offers guidance on documenting legal works in MLA style, recommending the use of italics for court case names.
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Use roman font for laws, acts and political documents
When it comes to legal writing and documentation, the choice of font is an important consideration. While the content of a legal document is undoubtedly the most crucial aspect, the presentation and formatting are also essential. The font used can impact the readability, professionalism, and overall perception of the document.
In the context of citing legal works, such as laws, acts, and political documents, it is generally recommended to follow the guidelines provided by the MLA (Modern Language Association) Style Center. According to MLA style, when citing laws, acts, and political documents, it is advisable to capitalize their names like titles and set them in roman font. This format helps distinguish these types of legal sources from others, such as court cases, which are typically italicized.
It is worth noting that the choice of font for legal documents can vary depending on the jurisdiction and specific court requirements. For example, the US Supreme Court mandates the use of Century family fonts for all briefs, while the US Court of Appeals for the Seventh Circuit recommends avoiding Times New Roman. The Supreme Court of Virginia and the Florida Supreme Court have also issued their own sets of acceptable fonts for legal documents. These specifications ensure consistency and readability across legal filings.
While the specific font choices may differ, the underlying principle is to select a font that is clean, professional, and legible and appropriate for the context. It is advisable to avoid overly flourished or illegible fonts that may detract from the content and reflect poorly on the firm or individual presenting the document. The font should facilitate readability for clients, attorneys, judges, and other stakeholders.
In summary, when using laws, acts, and political documents in titles or citations, it is customary to follow the MLA style and set them in roman font with capitalized names. This formatting guideline helps standardize legal citations and ensures that the focus remains on the content rather than the presentation.
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Case names in footnotes should be italicised when part of a sentence
When it comes to citing legal works, writers face a unique challenge due to the specific formatting and documentation requirements. The MLA Style Center, the authoritative source on MLA style, provides guidelines for documenting legal works. According to MLA style, writers should italicize the names of court cases, such as "Marbury v. Madison". This is consistent with the AP Stylebook, which also italicizes court cases.
However, it's important to note that different style guides have their own conventions. For example, the Bluebook Legal Citation, a guide for legal citation, specifies that case names in full citations should be in plain text, with the exception of procedural phrases like "ex rel.", which are italicized.
Now, let's focus on the specific instruction: "Case names in footnotes should be italicized when part of a sentence." This instruction aligns with the guidelines provided by the MLA Style Center. When a legal source is contained within another work, such as a website with a separate title, the MLA Handbook instructs writers to treat the legal source as an independent publication. This means that if you are using the name of a court case within a sentence in a footnote, it should be italicized. For example, consider the following footnote:
"This principle was established in the landmark case of *Roe v. Wade*, which recognized a woman's constitutional right to privacy regarding abortion."
In this example, the case name "Roe v. Wade" is italicized because it is part of a sentence within the footnote. However, if the case name were simply listed in a works cited page or referenced indirectly in the footnote, it would not be italicized. Here's an example:
"The case that set a precedent for this situation is Roe v. Wade. (See *The Case Citation*, p. 56)."
In this instance, "Roe v. Wade" is not italicized because it is not directly part of the sentence within the footnote. Instead, it is used as a reference to the cited work.
By following these guidelines, writers can ensure that their legal citations are formatted correctly and consistently, adhering to the conventions of the chosen style guide, such as MLA or Bluebook. Proper formatting of case names in footnotes helps enhance the clarity and professionalism of legal writing.
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Frequently asked questions
Yes, according to the MLA Handbook, you italicize the names of court cases and use roman font for laws, acts, and political documents.
Yes, the AP Stylebook also dictates that court cases are italicized.
Case names in full citations should be in ordinary plain text, except for procedural phrases like "ex rel.," which are italicized. Case names in footnotes should be italicized when they are grammatically part of the sentence.
In this case, treat the source as an independent publication and style the title as you would in prose. This means using italics for the name of a court case and roman font for a law or similar document.
When citing legal works, writers should document the specific version of the work they consulted rather than the canonical version of the law. In the names of court cases, use the abbreviation "v." consistently and only include the name of the first party that appears on either side of "v." or "vs.".
