Cecily Zamora
Knowing how to cite case law is an essential skill for anyone studying or working in law. Case law citations are structured differently depending on the jurisdiction and the style guide being used. For example, the Bluebook is the most widely used legal citation style guide in the US, while the OSCOLA guide is commonly used in the UK. A basic case citation typically includes the case name, year, volume, report abbreviation, first page, and court. When citing case law, it's important to refer to official law reports, such as the Law Reports series in England and Wales, or the European Court Reports (ECR) for EU cases. In some cases, a neutral citation may be used, which identifies a case independently of a printed reporter. This is especially relevant in electronic databases, where the name of the database or online source should be included in the citation.
| Characteristics | Values |
|---|---|
| Case name | In England and Wales, there are no official law reports, but the Law Reports series is regarded as the most authoritative. |
| Year | Include the year of publication in square brackets if the volume does not uniquely identify the book. |
| Volume | Use round brackets when the volumes of the law report series are independently numbered. |
| Report abbreviation | Include the abbreviation for the law report series, e.g. F.3d for Federal Reporter, Third Series. |
| First page | Indicate the first page of the relevant section. |
| Court | Provide the name of the court and its abbreviation in brackets, e.g. HL for the House of Lords. |
| Case number | Include the case number in brackets. |
| Page or paragraph number | Cite the relevant page or paragraph number if required. |
| Jurisdiction | Include the jurisdiction if it is not indicated by the law reporter. |
| Judge | Add the name of the judge if needed. |
| Database or website | Mention the database or website where the case can be accessed. |
| URL | Provide the URL or link to the case law. |
| Access date | Include the date when the case law was accessed online. |
| Style guide | Refer to a specific style guide for legal citations, such as The Bluebook or OSCOLA. |
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What You'll Learn
Case citation components
In England and Wales, there are no official law reports, but the Law Reports series by the Incorporated Council of Law Reporting is regarded as the most authoritative. If a case is reported in this series, it takes precedence over other reports. If a judgment is not included in the Law Reports, the Weekly Law Reports or the All England Law Reports should be cited. Only if a judgment is not reported in these general series should specialist series be referenced, such as the Lloyd's Law Reports or the Family Law Reports.
When citing a case, it is essential to use square brackets for the year if the volume does not uniquely identify the book. For instance, " [2006] SCR" indicates the Supreme Court Reports, with the case starting on page 415. If pinpointing specific paragraphs, use square brackets for one paragraph and a dash between the first and last paragraphs for multiple paragraphs. For example, " [42], [45]" or " [1]-[37]." If the court is identified in brackets at the end of the citation, the pinpoint follows the closing bracket without a comma. However, if the court is not identified in this manner and page numbers are being cited, insert a comma to separate the numbers.
Neutral citations, which identify cases independently of printed reporters, are assigned by courts when rendering a decision. These simplified citations include the case name (style of cause) in italics, followed by a comma and "v" to indicate the language of the case is English. For instance, "Case Name, Year Court Identifier Case Number." A neutral citation should be followed by a citation to a printed reporter whenever available.
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Referencing official reports
- Name of the Case and Year: The reference should always start with the name of the case, followed by the year of the decision. For example, "Bibby Cheshire v. Golden Wonder Ltd (1972)". The name of the case may be underlined or italicized, depending on the citation style.
- Title of Law Report and Volume Number: After the case name and year, include the title of the official law report series and the volume number. For instance, "Weekly Law Reports, 1". This indicates the specific report where the case can be found.
- Page Numbers: Provide the relevant page numbers where the case is discussed within the law report. This is often referred to as a "pinpoint" citation. For example, " [pp.] 2112 [42], [45]". If the judgment has numbered paragraphs, pinpoint the relevant paragraph(s) in square brackets.
- Court and Jurisdiction: Indicate the court that heard the case and its jurisdiction. This information helps identify the specific court system and geographical area to which the case law applies. For example, "EWCA Civ 1117" or "9th Cir.".
- Official Reporters and Publications: Whenever possible, refer to official reporters and publications. For instance, in the US, the United States Reports is the official publication for Supreme Court cases. Similarly, in Europe, the official European Court Reports, cited as "ECR", are preferred for European Court cases.
- Neutral Citations: In certain jurisdictions, such as the UK, neutral citations are available for cases from 2001 onwards. These neutral citations provide a standardized way to reference cases and typically include an abbreviation for the court and a case number. For example, " [2001] EWCA Civ 1346".
- Online Databases: When citing cases from online databases, include the database or website name, the URL, and the date accessed. For example, " [Online]. Available at: URL (Accessed: date)". This ensures that others can easily locate the case online.
- Citing Specific Paragraphs or Pages: When referring to a specific paragraph or page within a case, provide clear pinpoint citations. If citing multiple paragraphs, separate the paragraph numbers with commas or use a dash to indicate a span of paragraphs. If citing a page number, insert a comma after the volume number to prevent the numbers from running together.
- Advocate General's Opinion: When citing the opinion of an Advocate General in European cases, add the words "Opinion of AG [name]" after the case citation. For example, "Opinion of AG Mazák".
- Statute Provisions: Remember to cite statute provisions if they are relevant to the case law being discussed. Statutes are generally given priority in terms of citing.
These guidelines provide a comprehensive approach to referencing official reports when citing case law. It is important to consult specific style guides, such as OSCOLA or The Bluebook, for detailed rules and variations based on the legal system and jurisdiction.
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Using a neutral citation
The case name, year, volume, report abbreviation, first page, and court are all part of a standard case citation without a neutral citation (before 2001). For instance: Page v Smith [1996] AC 155 (HL). The court abbreviation should be placed in brackets at the conclusion of the citation.
Neutral citations are used in nations like the United Kingdom, Canada, Ireland, Australia, and New Zealand. They are endorsed by all the right organizations and make case law vendor-neutral, technology-neutral, and medium-neutral. They also make finding specific sections of the opinion easier through paragraph numbering, without relying on the paper pages of bound volumes.
In England and Wales, there are no official law reports, but the Law Reports series published by the Incorporated Council of Law Reporting is regarded as the most authoritative. If a case is reported in this series, it should be cited in preference to any other report. If a judgment is not reported in the Law Reports, cite the Weekly Law Reports or the All England Law Reports. Only if a judgment is not reported in one of these general series should you refer to a specialist series, such as the Lloyd's Law Reports or the Family Law Reports.
When citing an opinion of an Advocate General, add the words "Opinion of AG [name]" after the case citation and a comma, and before any pinpoint. For example: Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100.
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In-text citation
When citing case law in APA style, the in-text citation should include the case name, year, and page or paragraph number if required. For example: (Case Name, Year, Page/Paragraph Number). The case name should be in italics, and the year refers to the year the decision was made.
If you are citing an electronic version of a decision, such as through a database, you should also include the name of the database or online source in your in-text citation. For example: (Case Name, Year, Page/Paragraph Number, Database Name).
It is important to note that the specific format of the in-text citation may vary depending on the specific type of case law and the jurisdiction. For example, when citing a court decision, you may also need to include the court abbreviation and date in parentheses unless the court name is obvious from the context or reporter abbreviation.
Additionally, the APA style recommends citing all the reporters (publications reporting cases) in which a court case appears. To do this, simply separate each citation with commas, including the volume, reporter, and page number for each. This is called parallel citation. For example: Brown v. Collins, 541 U.S. 948, 2004 U.S. LEXIS 2215, 124 S. Ct. 1684 (U.S. 2004).
Furthermore, if you are citing a statute or law, the in-text citation should include the name of the act and the year. For example: (Name of Act, Year). The year refers to the year the law was published, not necessarily the year it was passed.
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Online resources for guidance
There are several online resources that provide guidance on citing case law. The Bluebook: A Uniform System of Citation is the standard legal citation style used in all disciplines and is the most widely used guide for citing legal authorities. It contains extensive instructions on how to format case citations and provides guidance on citing briefs, court filings, and transcripts. The Bluebook also includes tables of abbreviations for reporter names, courts, and court abbreviations.
In addition to The Bluebook, there are several online guides and tutorials available, such as the ones provided by the Library of Congress, Georgetown Law Library, Tarlton Law Library, and the Institute of Advanced Legal Studies. These guides offer basic legal citation guidance and cover various aspects of citing case law, including the basic format of a case citation, rules for specific types of cases, and how to cite cases from different jurisdictions.
For example, the Georgetown Law Library guide provides information on citing cases from the European Court of Justice, while the Institute of Advanced Legal Studies offers guidance on citing EU cases and referencing case law in England and Wales. The Tarlton Law Library guide includes an overview of the rules governing case citations and provides examples of how to cite state cases and indicate volume and page numbers.
While online resources can be helpful, it is important to note that they should be used as a supplement to, rather than a substitute for, The Bluebook.
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Frequently asked questions
The standard format for citing case law is:
Case Name, Year Court Identifier Case Number. The case name is usually given in italics, followed by a comma, and "v" to separate the names of the parties.
A neutral citation is a simplified way to identify a case without relying on a printed reporter. It includes the case name, year, and court identifier. A neutral citation should be followed by a printed reporter citation whenever one is available.
If you are citing a specific paragraph, use square brackets to pinpoint the relevant paragraph number. For multiple paragraphs, separate the numbers with a comma. For page numbers, insert a comma after the volume number to prevent the numbers from running together.
Yes, citation styles can vary depending on the jurisdiction and the specific requirements of the institution. For example, in England and Wales, the Law Reports series is considered the most authoritative source for case law citations. In the US, The Bluebook: A Uniform System of Citation is the standard reference for legal citations.
Online resources such as the OSCOLA guide, The Bluebook, and The McGill Guide provide comprehensive guidance on legal citations. Additionally, online law libraries and university guides offer tutorials and introductions to legal citation styles.
