Keith Mack
Citing case law in MLA style can be tricky, and there are a few things to keep in mind. Firstly, you should follow the MLA format template, especially if you are a student or scholar working outside the legal profession. It is important to document the version of the case law you consulted, rather than the canonical version. The title of the case law should be standardized, and you should italicize the case name in the text of your paper. If the legal source is contained within another work, treat it as an independent publication and do not use quotation marks around the title. The date of the decision is also crucial, and you should provide the year, or the day, month, and year if available. Finally, the structure of your citation will depend on the specific details of the case law, such as the court or governing body, the publication date, and the URL if accessed online.
| Characteristics | Values |
|---|---|
| Case name | Brown v. Board of Education |
| Court/Governing body name | United States, Supreme Court |
| Date of decision | 17 May 1954 |
| Title of container | Legal Information Institute |
| Publisher | Cornell University Law School |
| URL | www.law.cornell.edu/supremecourt/text/347/483 |
| Author | Cite the author of the publication if the author is identified. Otherwise, start with the name of the national government, followed by the agency. |
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What You'll Learn
Citing a case law in MLA: the basics
Citing case law in MLA style can be tricky, especially for those unfamiliar with legal citation practices. This guide will provide a basic overview of how to cite case law in MLA format, following the guidelines set by the MLA Handbook.
Understanding the Basics
Firstly, it's important to understand that when citing legal works in MLA style, you should document the specific version of the work you consulted, rather than the canonical version of the law. This is a fundamental principle of MLA style. The way you document it will depend on the information provided by the version of the source.
Formatting Case Names
When citing case law, always italicize the case name in the text of your paper. For example, *Brown v. Board of Education*. This is true even when the legal source is contained within another work.
Providing Publication Information
In your citation, you must include the date the case was decided. If your source includes the day, month, and year, you can include those as well. Additionally, provide the name of the court or governing body, such as the "United States, Supreme Court" or "Court of Appeals for the Second Circuit".
Including URLs and Publishers
If you accessed the case law online, include the URL and the name of the website or publisher. For example, "Legal Information Institute, Cornell U Law School, www.law.cornell.edu/supremecourt/text/347/483". If the agency and publisher are the same, simply list them once.
In-Text Citations
For in-text citations, provide the case name and, if relevant, the page number. For example: (Brown v. Board of Education 826) or (R. v. Nguyen 826).
Remember, these are just the basics of citing case law in MLA style. For more complex sources or specific scenarios, you may need to refer to the MLA Handbook or style guides provided by legal publications.
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How to cite a case law in MLA: in-text
When citing case law in MLA style, it's important to follow the guidelines outlined in the MLA Handbook and adapt them to the specific requirements of legal citations. Here's a step-by-step guide on how to create in-text citations for case law in MLA:
Citing the Case Name
When referring to a court case in the text of your paper, it is crucial to italicize the case name. For example, if you are discussing the case of *"Brown v. Board of Education"*, you would italicize the case name as follows: *Brown v. Board of Education*. This formatting helps to distinguish it from other types of references and emphasizes the importance of the legal source within your writing.
Referencing Multiple Cases
In situations where your list of works cited includes multiple cases that begin with the same governmental party, it is important to maintain a consistent and clear ordering system. List the entries under the governmental party and then alphabetize them by the first non-governmental party. For example:
- NLRB v. Brown University
- NLRB v. Yeshiva University
In your prose and parenthetical references, refer to the non-governmental party to provide a clear context for your readers. This helps to avoid confusion and ensures that your in-text citations accurately represent the cases you are discussing.
Providing Case Details
When citing case law in MLA, it is essential to include specific details about the case to ensure proper identification and retrieval. Here are the key elements to include:
- Court/Governing Body Name: Start by stating the name of the court or the governing body that presided over the case. For example, "United States, Court of Appeals for the Second Circuit" or "Supreme Court of Canada."
- Case Title: Provide the full title of the case, italicized, as it appears in official records. For instance, Huang v. Garland or R. v. Nguyen.
- Date: Include the date of the case, preferably in the format "Day Month Year." For example, "17 May 1954" or "2 June 2021."
- Publisher and URL: If the case is available online, provide the publisher's name and the URL where the case can be accessed. For instance, "Legal Information Institute, Cornell U Law School, www.law.cornell.edu/supremecourt/text/347/483" or "United States Court of Appeals for the Second Circuit, www.ca2.uscourts.gov/decisions."
Additional Considerations
It's important to note that MLA style keys references in the text to a list of works cited. This differs from court filings, which cite works in the text of the brief, and academic legal writings, which use footnotes. Therefore, your in-text citations should follow the MLA format for consistency and ease of reference. Additionally, always document the version of the work you consulted, rather than the canonical version of the law, as per MLA principles.
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Citing a case law in MLA: the works-cited list
When citing a case law in MLA format, it is important to follow the MLA format template or a hybrid method that incorporates the standard legal citation. The title of the case law should be italicized in the text of your paper.
Works-Cited List Entry Format:
Court/Governing Body Name. Title of Case. Docket no., Date of Case. Title of Container, Publisher, Publication Date, URL.
Example:
United States, Court of Appeals for the Second Circuit. Huang v. Garland. Docket no. 19-3281, 2 June 2021. United States Court of Appeals for the Second Circuit, www.ca2.uscourts.gov/decisions/isysquery/1e4cf9d5-3f07-49a6-a27f-0856278a88f5/6/doc/19-3281_so.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/1e4cf9d5-3f07-49a6-a27f-0856278a88f5/6/hilite/. PDF download.
Note that the format may vary slightly depending on the specific details of the case law and the publication. For example, if the case law is unpublished or if the court/governing body name is different, you may need to adjust the format accordingly. Additionally, if you are citing a Canadian case law, you will need to adapt the format to fit the Canadian legal system.
It is also important to document the version of the work you consulted, rather than the canonical version of the law. This means that you should include the date of the decision and any other relevant information about the specific version you are citing.
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How to cite a case law in print in MLA
When citing case law in print using MLA style, there are a few key guidelines to follow. Firstly, it's important to document the version of the work you consulted rather than the canonical version of the law. This means that you should include details such as the volume number, publisher, and year of the specific version of the case law you are referencing. The MLA Handbook provides specific instructions for citing court cases, which should be followed consistently.
- Start by identifying the court or governing body that decided the case. This could be the United States Supreme Court, a federal or state court, or a specific state's supreme court.
- Italicize the name of the court case, following MLA style. For example, *Marbury v. Madison*.
- Provide the volume number of the case, if applicable. This is typically included as a part of the citation.
- Include the name of the publisher or reporting agency. For example, "Legal Information Institute, Cornell Law School" or "U.S. Government Printing Office."
- Specify the year the case was decided. This is typically included after the publisher or within the URL, if available.
- If you are referencing a specific page range within the case, include the relevant page numbers.
- Finally, if the case is available online, provide the URL to allow readers to access the source.
United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 1803, pp. 137-162. Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/supremecourt/text/5/137.
It's important to note that the specific format may vary depending on the type of court and the availability of certain information. Always refer to the MLA Handbook or style guides for detailed instructions and examples when crafting your citations.
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Citing a case law in MLA: online
When citing a case law in MLA style, there are specific guidelines to follow, especially when dealing with online sources. Here is a detailed guide on how to structure your citations:
Structure for Online Sources
The basic format for citing an online court case in MLA style is as follows:
Name of the Court. Title of the Case, Volume Number. Publisher, Year of Case.
For example:
> Supreme Court of the United States. *Gideon v. Wainwright*, 372. UScourts.Gov, 1963.
Note that the title of the case should be italicized, as demonstrated in the example. This is a fundamental principle of MLA style, as outlined in the MLA Handbook.
Additional Elements
Depending on the specific details available, you may also include additional elements in your citation. Here are some optional elements that you can include:
- Docket number: This is a unique identifier for the case.
- Date of the Decision: The date when the court's decision was made.
- URL: The web address where the case can be accessed online.
For example, with additional elements:
> United States, Court of Appeals for the Second Circuit. *Huang v. Garland*. Docket no. 19-3281, 2 June 2021. United States Court of Appeals for the Second Circuit, www.ca2.uscourts.gov/decisions/.../19-3281_so.pdf.
In-Text Citations
In-text citations for court cases in MLA style can be parenthetical or narrative. Here's how to format each type:
- Parenthetical Citation: (United States, Supreme Court, Plaintiff v. Defendant Page Number)
- Narrative Citation: In Plaintiff v. Defendant, the U.S. Supreme Court decided... (Page Number)
Non-US Sources
The examples provided here are based on US court cases. If you are citing non-US case law, such as Canadian sources, you will need to adapt the structure accordingly.
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Frequently asked questions
The MLA Handbook recommends using The Chicago Manual of Style to cite legal documents. The general format is as follows:
Court/Governing Body Name. Title of Case. Docket no., Date of Case. Publisher, URL (if applicable). Format.
The examples for law sources in the MLA guide are focused on US examples, so you will need to adapt for non-US sources. For example, when citing a case law from Canada, the format is: Case name. Supreme Court Report Number. Supreme Court of Canada. Date. Link.
Treat the source as an independent publication and style the title just as you would in prose. That is, use italics if it is the name of a court case, and use roman if it is a law or similar document.
