Cecily Zamora
Lawyers need to know how to find case law to cite and ensure that they follow a standard format so that anyone using a law library can find the resources cited. Case citations are generally made up of the case name, the volume number, and the page number. For example, in the case citation Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011), Stearns v. Ticketmaster Corp. is the name of the case, 655 is the volume number, F.3d is the abbreviation for the reporter, and 1013 is the page number. The citation also shows that the decision was issued by the United States Court of Appeals for the Ninth Circuit in 2011. In addition to print resources, many courts now publish new cases on their websites. There are also online guides, such as the Bluebook: A Uniform System of Citation, which provide rules and guidelines for citing cases. These guides help lawyers to format their citations correctly and ensure consistency across the legal field.
| Characteristics | Values |
|---|---|
| Case citation format | Case citation format varies across countries and states. For example, in the US, a case citation includes the names of the parties involved, the volume number, the abbreviated title of the reporter, and the page number. In Australia, a standard case citation format is used, but each court may cite the same case differently. |
| Sources for case law | Lawyers can find case law in reporters, law reports, and online databases. In the US, cases from the Supreme Court are printed in the United States Reports. Australian cases are published on AustLII using neutral citations. European Court Reports (ECR) are the preferred source for European cases, followed by the Common Market Law Reports (CMLR). |
| Rules for citation | The Bluebook: A Uniform System of Citation provides rules for citing cases in the US. The Australian Guide to Legal Citation (AGLC) is a widely used guide in Australia. OSCOLA is a citation guide used in the UK and for European cases. |
| Parallel citations | Parallel citations refer to the same case appearing in multiple reporters. While not always required, they are often used in court documents and filings. |
| Pinpoint citations | Pinpoint citations, also known as "pin cites" or "jump cites", refer to specific pages or paragraphs within a case. They are used when a case has holdings on multiple issues, allowing lawyers to cite the specific holding relevant to their argument. |
| Unpublished cases | The ability to cite unpublished cases varies across jurisdictions. Some court systems, like California, forbid attorneys from citing unpublished cases as precedent. Other systems, like Kentucky, allow it under specific circumstances. |
| State case citations | When citing state cases in the US, the deciding court does not need to be indicated if it is the highest court. Additionally, the state does not need to be indicated if the reporter cited clearly indicates the issuing state. |
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What You'll Learn
Case citation formats
In the United States, cases from the Supreme Court are officially printed in the United States Reports, with citations indicating the parties involved, followed by the volume and page number, and the year. For instance, "Brown v. Board of Education, 347 U.S. 483 (1954)". Many court decisions are published in multiple reporters, leading to "parallel citations," where two or more reporters are cited for the same court decision. While The Bluebook does not mandate parallel citations, they are often required in court documents and filings.
State case citations have some special rules. When citing the highest court, only the state needs to be indicated without specifying the deciding court, as in "Seeco, Inc. v. Hales, 22 S.W.3d 157 (Ark. 2000)". Additionally, if the reporter cited clearly indicates the state, there is no need to mention it again, as seen in "DiLucia v. Madelker, 493 N.Y.S.2d 769 (App. Div. 1985)".
In Australia, legal citation methods often mirror those used in England, with the Australian Guide to Legal Citation (AGLC) being a widely adopted standard. Australian courts have moved towards a neutral citation standard that provides a naming system independent of publication in a law report. An example of this format is "Mabo v Queensland (No 2) [1992] HCA 23".
In the European Union, the official European Court Reports (ECR) are preferred for citations, with the Common Market Law Reports (CMLR) being the second choice. When citing an Advocate General's opinion, the format is "Opinion of AG [name], [case citation], [ECR reference]". For judgments of the European Court of Justice and Court of First Instance, the case registration number is given in roman, followed by the case name in italics, without punctuation, and then the report citation, as in "Alcatel/Telettra (Case IV/M.042) Commission Decision 91/251/EEC [1991] OJ L122/48".
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Finding the right reporter
Understanding Case Citations
To find the right reporter, it is important to understand the basic structure of a case citation. A case citation typically includes the names of the parties involved, the volume number, the abbreviated name of the reporter, the page number, and the year of the decision. For example, in the citation "Hebb v. Severson, 201 P.2d 156 (Wash. 1948)," "Hebb and Severson" are the parties, "201" is the volume number, "P.2d" is the abbreviated name of the reporter, "156" is the starting page, and "1948" indicates the year of the decision.
Identifying the Reporter
Once you have a case citation, the next step is to identify the correct reporter. The abbreviated title of the reporter will be included in the citation. You can use resources like "The Bluebook: A Uniform System of Citation," "ALWD Citation Manual," or "Beiber's Dictionary of Legal Abbreviations" to look up the full reporter title corresponding to the abbreviation. These resources also provide guidance on the proper citation format and abbreviations for different reporters.
Locating the Reporter Series
After identifying the full name of the case reporter, you need to locate the reporter series in a law library or an online legal database. Law libraries typically have location tables or catalogues to assist in finding the correct reporter series. Online legal databases may have search functions or browsing options to navigate through different reporter series.
Determining the Volume and Page
Once you have found the reporter series, you need to identify the specific volume where the case is located. The volume number is usually cited before the abbreviated reporter title in the citation. After locating the correct volume, you can turn to the indicated page number to find the beginning of the case law you are seeking.
Checking for Amendments or Updates
It is important to remember that case law may be subject to amendments or updates over time. Once you have located the desired case law, be sure to check for any subsequent changes. This can often be done by checking the pocket part at the back of the volume or referring to a softbound supplement shelved near the volume.
By following these steps and understanding the basics of case citations and reporter systems, you can effectively find the right reporter and locate the specific case law you need for your legal research or citation purposes.
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Page and section numbers
In a citation, the page number is typically placed after the volume and reporter abbreviation. For example, in the citation "Hebb v. Severson, 201 P.2d 156 (Wash. 1948)", the case can be found in volume 201 of the Pacific Reporter, Second Series, beginning on page 156. The page number "156" thus serves as the starting point for the case within that particular volume.
When citing a specific page within a case, it is common to use a "pin cite" or "pinpoint citation." This involves placing a comma after the first-page citation, followed by the specific page number being referenced. For instance, in the citation "Roe v. Wade, 410 U.S. 113, 164 (1973)", the additional "164" indicates that the relevant information can be found on page 164.
In some cases, lawyers may also need to refer to specific paragraphs within a judgment. This can be done by placing the relevant paragraph number in square brackets, as demonstrated in the citation "Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45]". Here, the numbers "42" and "45" inside the brackets indicate that paragraphs 42 and 45 are being cited.
Additionally, when citing cases from different jurisdictions, it is important to follow the appropriate citation standards. For instance, Australian courts have adopted a neutral citation standard, providing a naming system independent of publication in a law report. An example of this is "Mabo v Queensland (No 2) [1992] HCA 23", where "HCA" is the unique court identifier code for the High Court of Australia.
In summary, page and section numbers are critical elements in case law citations, enabling lawyers to precisely reference relevant information within a case report. These numbers are structured according to established citation formats, such as The Bluebook in the United States or OSCOLA in the UK, ensuring consistency and ease of access to legal information.
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Published vs unpublished cases
When it comes to case law, lawyers need to be aware of the distinction between published and unpublished cases and their respective implications. This distinction is essential when determining whether a case can be cited as a legal precedent. Here is an overview of the differences:
Published Cases
Published cases are those that have been printed in official reports, such as the United States Reports for the Supreme Court of the United States, or in case reporters, which are multi-volume print compilations of court opinions arranged chronologically. These cases are considered a mandatory authority for the court and lower courts within their jurisdiction. All Supreme Court cases, federal and state, are published. Additionally, some intermediate appellate court cases at the federal and state levels are also published, while others are not. Published cases that have not yet been added to a reporter are known as slip opinions, which lawyers may cite in their briefs.
Unpublished Cases
Unpublished cases, on the other hand, are not printed in hard copy reporters or case law books. Instead, they are often found on court websites or electronic databases like Westlaw and Lexis Advance. Unpublished cases do not have reporter citations and are generally not considered binding authority. However, they may be used as persuasive authority in certain circumstances. The criteria for determining which cases are "published" and which are "unpublished" are established by each circuit court. While some court systems forbid attorneys from citing unpublished cases as precedent, others allow it under specific conditions. For example, unpublished cases from federal courts after 2006 can be cited as authority in any circuit.
Case Citation
Case citation is a standardised method of identifying a specific legal case. The citation includes information such as the names of the parties involved, the volume and page number of the reporter where the case is published, the court that decided the case, and the year of the decision. For instance, "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)" indicates that the decision was published in volume 655 of the Federal Reporter and issued by the Ninth Circuit in 2011.
Finding Case Law
Lawyers have several resources at their disposal to find case law to cite, including print and electronic sources. Court opinions are available in various formats, such as individual pamphlets known as slip opinions, electronic databases, court websites, and print loose-leaf services. Additionally, cases are published in case reporters, which compile opinions from one or more jurisdictions. Online databases like Westlaw and Lexis Advance provide unique identifiers for cases that lack reporter citations, making them easily searchable. Each jurisdiction may have its own citation standards and guides, such as the Australian Guide to Legal Citation or The Bluebook: A Uniform System of Citation, which lawyers can refer to when crafting their citations.
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Court and jurisdiction
In some jurisdictions, such as California, attorneys are forbidden to cite unpublished cases as precedent, while other jurisdictions, like Kentucky, allow the citation of unpublished cases under certain circumstances. Additionally, some jurisdictions may have specific rules for citing state cases. For example, if the highest court in a state is involved, only the state needs to be indicated without specifying the deciding court.
When citing cases from different jurisdictions, it is essential to consider the type of case law being cited. Binding laws refer to those established by the current authority within the same jurisdiction, and they are mandatory for lower courts to follow. On the other hand, persuasive laws are those employed by other jurisdictions, and while courts may consider them, they are not required to follow them.
The Bluebook: A Uniform System of Citation is a widely used resource that provides rules and guidance on legal citation, including rules specific to citing cases. It is essential to follow the correct citation format to ensure that the source of information supporting a particular legal argument can be easily identified and located by the reader.
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Frequently asked questions
A case citation is a reference to a legal authority. Case citations are made up of the following parts: the names of the parties involved, the volume number, the abbreviated title of the reporter, the page number, the court that decided the case, and the year of the decision.
Case citations follow a standard format so that anyone using a law library can find the resources cited. There are different citation styles depending on the region and the court. For example, in the US, the Bluebook: A Uniform System of Citation is the most widely used guide. In Australia, the Australian Guide to Legal Citation is commonly used.
Once lawyers have identified a relevant case law to cite, they need to locate it in a law library. They can do this by first identifying the appropriate reporter, then finding the volume where the case is located, and finally determining the page on which the case begins.
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