Gavin Howe
When writing a legal paper, it is important to correctly format case citations. The Bluebook provides a set of rules for legal citation, including when to italicize case names. The format of a case citation depends on several factors, such as the jurisdiction, court, and type of case. In court documents and legal memoranda, full case names are typically italicized or underlined. However, in academic legal writing, full case names are generally not italicized or underlined. Within footnotes, case names should be italicized when they are grammatically part of a sentence, but not when they are part of a citation clause. Additionally, specific jurisdictions, such as Oklahoma, may have their own rules for citing cases.
| Characteristics | Values |
|---|---|
| Case names in footnotes | Should be italicized when they are grammatically part of the sentence. |
| Case names in footnotes | Should not be italicized when they are part of a citation clause. |
| Commas and semicolons | Only italicized when they are part of the italicized material. |
| Court documents | Full case names are usually italicized or underlined. |
| Academic legal writing | Full case names are generally not underlined or italicized. |
| Briefs and memos | Use italics for case names. |
| Law review footnote format | Case name is in regular typeface. |
| Law review articles | Italicize the name of a case. |
| Oklahoma court documents | Only the party names are underlined or italicized (excluding the comma). |
| Oklahoma law reviews | Do not underline party names, italicize case names. |
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What You'll Learn
Citing cases in court documents
The Bluebook is a style guide that provides a uniform system of legal citation used by law students, lawyers, and legal scholars. It is essential to follow a standardised format when citing cases in court documents. The precise format of a case citation depends on several factors, including the jurisdiction, court, and type of case.
In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined. For example, in footnotes, case names should be italicized when they are grammatically part of the sentence. However, when cases are parts of citation clauses in footnotes, they should not be italicized. Any other authority in a footnote should follow the typeface convention for a full or short citation.
When citing cases in court documents, it is important to adhere to specific formatting guidelines, such as those outlined in Rule 10 and Rule B10 in the Bluepages, which provide extensive instructions on citing cases, briefs, court filings, and transcripts. Additionally, tables within The Bluebook offer further guidance on abbreviations and preferred sources for different courts and jurisdictions.
It is worth noting that some states, like Ohio, have their own specific guidelines for citing cases in briefs or other documents submitted to state courts. For instance, when citing Supreme Court cases in Ohio, one must refer to the official Supreme Court reporter, United States Reports. Similarly, when citing cases from the U.S. Supreme Court, it is essential to consult Table 1 in The Bluebook, which lists the preferred reporter for a particular case.
Overall, when citing cases in court documents, it is crucial to refer to reliable sources like The Bluebook and jurisdiction-specific guidelines to ensure accurate and consistent legal citation.
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Citing cases in academic legal writing
In academic legal writing, such as a law review article, full case names are generally not italicized or underlined. This convention differs from court documents (briefs, motions) and legal memoranda, where full case names are typically presented in italics or underlined. For example, the citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)" indicates a decision in a case between an appellant (Stearns) and an appellee (Ticketmaster Corporation).
When citing cases, it is crucial to consider factors such as jurisdiction, court, and the type of case. The Bluebook provides tables that aid in determining the preferred reporter to cite, along with abbreviations for courts and terms used in case names. For instance, "America [n]" is abbreviated as "Am." Additionally, The Bluebook offers rules and guidelines for citing briefs, court filings, and transcripts.
While The Bluebook serves as the primary authority on legal citation, it is essential to be mindful of specific requirements or variations in style guides employed by academic institutions or legal publications. These style guides may offer supplementary instructions or adaptations to ensure consistency and clarity in legal writing.
In summary, citing cases in academic legal writing necessitates a meticulous approach, adhering to established guidelines like those outlined in The Bluebook while remaining cognizant of any supplementary instructions provided by relevant authorities or publications.
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Case names in footnotes
When citing case names in footnotes, the precise format depends on several factors, including the jurisdiction, court, and type of case. The Bluebook Legal Citation guide provides extensive instructions on how to format case citations.
In court documents such as briefs, motions, and legal memoranda, the conventional approach is to italicize or underline the full case name. For instance, in a footnote, the case name "Hayes v British Columbia Television Broadcasting System Ltd." would be italicized or underlined.
However, in academic legal writing, such as a law review article, the general practice is not to underline or italicize full case names. Instead, they are presented in plain text, with the relevant details provided in the citation. For example, "Hayes v British Columbia Television Broadcasting System Ltd., 1992 BCSC 123."
It is important to note that when case names are part of citation clauses in footnotes, they should not be italicized, regardless of the type of document. Additionally, punctuation like commas and semicolons should only be italicized when they are part of the italicized material and not when they are part of the citation or sentence.
"The leading case in B.C. on the general test for the existence of a partnership is that of Hayes v British Columbia Television Broadcasting System Ltd. (1992), 74 BCLR (2d) 120 (CA)."
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Italics or underlining
The Bluebook is a style guide that provides rules and guidelines for legal citation in the United States. According to The Bluebook, the format for citing a case depends on the type of document and the jurisdiction.
When it comes to italics or underlining, the Bluebook specifies the following:
In court documents (such as briefs, motions, and legal memoranda), the full case name is usually italicized or underlined. However, in academic legal writing (such as law review articles), full case names are generally not underlined or italicized.
For example, in a brief or memo, the case name is typically italicized or underlined, followed by the volume reporter page and the year the case was decided in parentheses. Here is a fictional example:
Roe v. Wade, 410 U.S. 113 (1973)
In contrast, in a law review article, the case name would be in regular typeface, like this:
Roe v. Wade, 410 U.S. 113 (1973)
It is worth noting that punctuation, such as commas and semicolons, should only be italicized when they are part of the italicized material and not when they are part of the citation or sentence.
Additionally, when citing cases within a state, you may need to refer to specific state rules, such as the Oklahoma Supreme Court Rules, which provide more specific guidelines for citing cases within that state's jurisdiction.
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State and regional reporters
The Bluebook is a style guide that prescribes formatting and citation rules for legal documents and academic writing in the United States. It provides guidance on typeface conventions for citing cases in different contexts.
When citing cases from state and regional reporters, the specific format depends on factors such as the jurisdiction, court, and type of case. In court documents (briefs, motions) and legal memoranda, full case names are usually italicized or underlined. In academic legal writing, such as law review articles, full case names are generally not underlined or italicized. Additionally, when cases are part of citation clauses in footnotes, they should not be italicized.
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Frequently asked questions
It depends on the type of document and the style guide you are using. The Bluebook, for example, recommends using italics for case names in court documents like briefs and motions and in the text of law review articles. However, in footnotes, case names are not italicized.
Yes, when cases are part of citation clauses in footnotes, they should not be italicized. Only italicize the case name if it is grammatically part of the sentence.
If you are following a different style guide or set of rules, such as those specific to a particular state or jurisdiction, always refer to those guidelines for correct formatting. For example, Oklahoma has its own specific rules for citing cases, which can be found in the Bluebook under the Oklahoma entry of T1.
Either italics or underlining can be used to emphasize case names, with italics being the preferred option. However, in academic legal writing, full case names are generally not underlined or italicized.
Yes, the precise format of a case citation can vary depending on factors such as the jurisdiction, court, and type of case. Be sure to review the relevant rules and guidelines, such as Rule 10 in The Bluebook, before formatting your citations.
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