Anaya Nolan
Case citations are an essential aspect of legal writing and research, providing a standardised way to refer to specific lawsuits. The naming of cases, also known as the style of cause, follows specific guidelines, such as The Bluebook in the US, and varies across different legal systems. A typical case citation includes the names of the parties involved, the name of the reporter, the volume number, the page number, and the year the case was decided. The v in a case name, such as Brown v. Board of Education, represents the word against in criminal cases. Case citations are crucial for accurately referencing legal sources and providing readers with the information needed to locate the relevant case law.
| Characteristics | Values |
|---|---|
| Case name | First listed party vs. second listed party (e.g. Moe v. Larry) |
| Case citation | Party names, name of reporter, volume number, page number, and year |
| Case report | Authorised law reports (a report series) |
| Case name in textual sentences and citations | Omit parties or actions other than the first listed, words indicating multiple parties, and given names |
| Case name in citations only | Abbreviate words appearing in case names, including geographic terms |
| Case name first mention | Follow with the abbreviated title in parentheses |
| Case name in-text references | Italicize and use title case (maximal capitalization) |
| Case name in court documents | Italicize or underline |
| Case name in academic legal writing | Do not italicize or underline |
| Case citation in common law countries | Refer to paragraph numbers instead of page numbers |
| Case citation in Canada | The Style of Cause is italicized, and party names are separated by 'v' (English) or 'c' (French) |
| Case citation in Germany | European Case Law Identifier, a neutral citation system |
| Case citation in the Philippines | Standard format: Disini v. Secretary of Justice, 727 Phil. 28 (2014) |
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What You'll Learn
Case citation format
Case citations typically have five parts: the 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. The citation usually follows the format:
> Brown v. Board of Education, 347 U.S. 483 (1954)
In this example, "Brown" is the name of the party bringing the suit (the plaintiff in the trial court), while "Board of Education" is the defendant. The number "347" is the volume number of the reporter where the case can be found, "U.S." is the abbreviated name of the reporter, "483" is the page number where the case starts, and "(1954)" indicates the year the case was decided.
It is worth noting that the order of party names may change if the case is appealed. In an appellate case, the petitioner (appellant) is usually listed first, followed by the respondent (appellee). However, some jurisdictions, like Ohio, maintain the same order of party names on appeal as in the trial court.
The Bluebook, a widely used legal citation guide in the United States, provides comprehensive rules for citing cases. For instance, Rule 10.2 offers guidelines for crafting straightforward case names from the list of parties at the beginning of each case report. This rule has two sub-rules: 10.2.1, which applies to case names in textual sentences and citations, and 10.2.2, specific to case names within citations and allowing for more extensive abbreviation.
Additionally, the Bluebook addresses volume and page numbers in Rules 3.1 and 3.2, respectively. Volume numbers should be cited using Arabic numerals, even if they appear as Roman numerals in the original source. Page numbers can be cited as either Arabic or Roman numerals, depending on their format in the original source. When citing a specific page within a case, a comma followed by a "pincite" is added after the first-page citation.
In Canada, case citation standards have evolved with the adoption of neutral citations, exemplified by the Canadian Judicial Council's move in 1999. This shift promotes a naming system independent of the case's publication in a law report. The "McGill Guide," formulated by the McGill Law Journal, has served as a standard reference for legal citations. More recently, the Canadian Open Access Legal Citation Guide (COAL) has been introduced as a free resource for citing cases.
In Europe, the European Case Law Identifier (ECLI) has been implemented as a "neutral" citation system by the Council of the European Union since 2011, with Germany being a participant. This system assigns unique court identifier codes, such as "BVerfGE" for the German court name "Bundesverfassungsgericht."
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Case name abbreviation
Case names are often abbreviated in legal citations. The Bluebook, a style guide for legal citations, provides rules for abbreviating case names. For example, Rule 10.2.1 advises omitting parties or actions other than the first listed, such as in "Moe and Curly v. Larry v. Schemp" becoming "Moe v. Larry". It also suggests omitting words indicating multiple parties, like "et al.".
Rule 10.2.2 offers guidance on abbreviating case names in citations, including the use of tables for reference. Table T6 and geographic terms in Table T10 are referenced for further guidance on abbreviation. Rule 10.3.1(b) states that citations should use the appropriate regional reporter, with Table T1 providing guidance on how to abbreviate reporter names. For instance, "U.S." is the preferred abbreviation for the United States Reports, the official report for United States Supreme Court decisions. However, "United States" should be written out when it is a named party.
The Bluebook also allows for short forms of case citations in certain circumstances. Rule 10.9 outlines the use of short forms, which can be used when a case has already been cited in full in law review articles or briefs, filings, and legal memoranda (as outlined in Bluepages Rule B10.2). Short forms typically include the underlined or italicised case name, abbreviated according to Rule 10.2, followed by the volume and page number. For example, "Universal City Studios, Inc. v. Corley, 273 F.3d at 435".
In some jurisdictions, square brackets are used to indicate the publication year, which may differ from the year the case was decided. For instance, " [1984] 2 SCR 145". Additionally, some countries have adopted neutral citation standards, such as Canada in 1999, which provide a naming system independent of the publication of the case in a law report. This includes a unique court identifier code for most courts. Germany, for example, uses the European Case Law Identifier, with BVerfG as the abbreviation for the German court name, Bundesverfassungsgericht.
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Court decisions and documents
A case citation typically comprises five main elements: the names of the parties involved, the name of the reporter or publication where the case is documented, the volume number of the publication, the specific page or paragraph where the case begins, and the year the case was decided. This information is structured to create a clear reference for future use. For example, a citation may appear as "Brown v. Board of Education, 347 U.S. 483 (1954)", where "Brown" is the plaintiff and "Board of Education" is the defendant, followed by the relevant publication details.
The specific format and style of case citations can vary depending on the jurisdiction and the specific court. For instance, in the United States, the Bluebook serves as the primary authority on legal citation, offering extensive guidelines on how to cite cases, court filings, and transcripts. It provides rules for abbreviating reporter names, volume and page numbers, and other elements to ensure uniformity across citations.
In other countries, such as Canada, there has been a move towards adopting neutral citation standards, which are independent of the publication of cases in law reports. This approach assigns a unique identifier code to each court, allowing for a more standardised and publisher-independent naming system. Additionally, some countries may use alternative citation systems, such as the European Case Law Identifier (ECLI), introduced by the Council of the European Union in 2011, which Germany has adopted.
With the advent of the internet, many courts now publish their decisions online, making them easily accessible through websites dedicated to legal information. This shift has led to the adoption of medium-neutral citation systems that focus on pinpoint references to paragraphs rather than page numbers, ensuring compatibility across different digital formats.
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Case citation elements
Case citations are used to help people find the source material. They are also used to show where to find the published authorised judgments and decisions of courts, commissions, and tribunals. Case citations typically have five parts, though the party names and the year may not be included. The five parts are:
- Party names: The first name listed is the plaintiff, or the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second. In civil case titles, the "v" is pronounced "and", while in criminal case titles, it is pronounced "against".
- Name of the reporter: A reporter is a publication containing the opinions of a particular court or jurisdiction, organised chronologically by date of decision.
- Volume number of the reporter: Volume numbers should be cited using Arabic numerals (1,2,3) even if they appear as Roman numerals (XXV) in the original source.
- Page number: Page numbers may be cited as either Arabic or Roman numerals, depending on how they appear in the original source. Rather than using page numbers for pinpoint references, which would depend on particular printers and browsers, pinpoint quotations refer to paragraph numbers.
- Year: This is the year the case was decided. Note that this may not be the same as the publication year, i.e., a case decided in December 2001 may have been reported in 2002.
In court documents, the full case name is usually italicised or underlined, while in academic legal writing, full case names are generally not underlined or italicised.
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Case name presentation
The presentation of case names, also known as case citations, is a standardised practice that helps legal professionals easily identify and locate specific cases. The specific format may vary depending on the jurisdiction and the type of case, but there are some general guidelines and common elements.
In common law countries, a case citation typically includes five parts: the party names, the name of the reporter or law report where the case is found, the volume number of the reporter, the page number where the case starts, and the year the case was decided. The party names are usually separated by 'v' (pronounced 'against' in criminal cases and 'and' in civil cases) or 'c' in French. The names are listed with the plaintiff or petitioner first, followed by the defendant or respondent. If there are multiple parties, only the first-listed names may be included, omitting others with 'et al.'. Given names are also often omitted. For example, a case citation may look like this: "Brown v. Board of Education, 347 U.S. 483 (1954)".
In some jurisdictions, square brackets are used for the publication year, which may differ from the year the case was decided. For instance, " [1978] 1 NSWLR 143" indicates a decision published in 1978 in the New South Wales Law Reports. With the advent of online publishing, some jurisdictions have adopted medium-neutral citation systems that refer to paragraph numbers instead of page numbers.
To ensure accuracy and consistency, legal professionals often refer to style guides and standards such as The Bluebook in the US, which provides extensive instructions on formatting case citations, or the Canadian Guide to Uniform Legal Citation, also known as the "McGill Guide". These guides outline specific rules for abbreviating reporter names, court names, and terms used in case names, as well as guidance on citing different types of documents and sources.
When writing about cases, it is important to follow the prescribed style and citation rules for the relevant jurisdiction. This ensures that legal professionals can easily locate the source material and understand the context of the case.
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Frequently asked questions
The Bluebook rule 10.2 provides guidelines for creating simple and straightforward case names from the list of parties given at the beginning of every case report. The primary difference between citing case names in textual sentences and citations is that the latter 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.
Citations show people where to find the published authorised judgments and decisions of courts, commissions, and tribunals. They also tell people who made the decision and when.
The format of a case citation is as follows: "Party Name v. Party Name, volume number abbreviation of the reporter where the case can be found, page number where the case starts inside the reporter, and the year". For example, "Commonwealth v Tasmania, [year]".
