Keith Mack
Citing case law is an essential skill for legal professionals and students alike. The process of citing case law can vary depending on the jurisdiction and the specific court, but there are some general guidelines to follow. The Bluebook, for example, is a widely used legal citation guide in the United States, while The McGill Guide is commonly used in Canada. The case name, year of decision, volume and page numbers, court, and other elements are typically included in a case law citation. It is also important to consider whether the case has been reported in law reports and whether a neutral citation is available.
| Characteristics | Values |
|---|---|
| Case name | Italicize the names of the parties. Use only the name of the first person if there are two or more people listed. Separate the names of the parties by a 'v' for versus (against) in English and 'c' for contra in French. |
| Case name | Omit periods except if they are integral to a company name. Capitalize all words except prepositions, conjunctions, and procedural phrases (except if they occur first). Omit articles such as 'The', 'Le', 'L’, etc. unless referring to the name of an object, such as a ship. |
| Case name | Include the court level (SC) because this information may not be available elsewhere in the citation. |
| Case name | If the year of the decision is not indicated in the first listed reference, then you must add it in parentheses after the case name. |
| Case name | If a case is unreported but has a neutral citation, give that. If an unreported case does not have a neutral citation (which will be the case before 2001), give the court and the date of the judgment in brackets after the name of the case. |
| Case name | 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. |
| Case name | In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined. In academic legal writing (i.e., a law review article), full case names are generally not underlined or italicized. |
| Case name | In England and Wales, there are no official law reports of any kind, but the Law Reports series published by the Incorporated Council of Law Reporting are regarded as the most authoritative reports. |
| Case name | When citing a U.S. Supreme Court case, you must cite the official reporter, the United States Reports, if the case is published therein. |
| Case name | Unlike the U.S. Supreme Court, cases from the federal courts of appeals are not compiled in an official reporter. Instead, many cases from the courts of appeals are published in West's Federal Reporter. |
| Case name | Specialized federal courts, such as the U.S. Bankruptcy Court or the U.S. Tax Court, have slightly different citation rules. |
| Case name | When citing an electronic version of a decision, such as through Quicklaw or another database, it is necessary to include the name of the database or online source. |
| Case name | Only cite to an electronic service if there is no neutral citation and there is no, or only one, print reporter. |
| Case name | The most common abbreviations for electronic case law services in Canada include: CanLII, QL for LexisNexis Quicklaw, and WL Can for WestlawNext Canada. For cases from the United States, use the abbreviations Lexis and WL. |
| Case name | Newer cases use paragraph numbers, both in the print law reports and in online versions of the same case. |
Explore related products
What You'll Learn
Case name formatting
When citing case law, it is important to format the case name correctly. The following guidelines will help you format case names accurately:
Italicize the Names of the Parties
The names of the parties involved in the case should be italicized. For example, in the case name "Riley v. California", both "Riley" and "California" should be italicized. This format is typically used in court documents, such as briefs and motions, as well as legal memoranda. However, in academic legal writing, full case names are generally not italicized.
Separate the Names with "v" or "c"
Use "v" (which stands for "versus" in English) or "c" (which stands for "contra" in French) to separate the names of the parties. For example, in the case name "Momentous.ca Corp v Canadian American Assn of Professional Baseball Ltd", "v" is used to indicate the opposing sides.
Use Only Surnames and Omit Articles
When formatting the case name, use only the surnames of the parties involved. For example, in "R v Chiang", the case name uses only the surname "Chiang". Additionally, omit articles such as "The", "Le", and "L’", unless they are part of an object's name, such as a ship.
Include the Year of Decision
The year of the decision must always follow the case name. For example, in "Cinar Corp v Robinson, 2012 SCC 25", "2012" indicates the year of the decision. If the year is not indicated in the first reference, add it in parentheses after the case name.
Provide Court Identifier and Case Number
In addition to the case name and year, include the court identifier and case number. This information helps identify the specific court and case being referenced. For example, in "R v Latimer, 2001 SCC 1, [2001] 1 SCR 3", "SCC 1" is the court identifier and case number.
Omit or Include Periods Selectively
Periods should be omitted from the case name, except when they are integral to a company name. For example, in "Momentous.ca Corp v Canadian American Assn of Professional Baseball Ltd", the period in "Momentous.ca" is retained.
Capitalize Significant Words
Capitalize all words in the case name, except for prepositions, conjunctions, and procedural phrases. However, if a word that falls into one of these categories is the first word of the case name, capitalize it. For example, in "In re Kryspin", the preposition "In" is capitalized.
These guidelines provide a comprehensive approach to formatting case names when citing case law. Adhering to these standards ensures consistency and clarity in legal citations.
Religious Rights: Navigating Conflict Between Two Laws
You may want to see also
Explore related products
Citing electronic services
When citing case law, the basic format of a citation typically includes a volume number, an abbreviated title of the publication in which the law appears, a page or section number, and a date. Court cases are often published by more than one publisher, so there may be multiple citations appearing after the case name. The first citation is usually the "official citation", referring to the official reports for a particular court.
In California, the official reports of California Supreme Court cases are published in the California Reports (1st–5th series), and the official reports of Courts of Appeal cases are published in the California Appellate Reports (1st–5th series). However, some courts and professors may instruct you to cite California state court cases to Lexis' official reporters, such as Cal., Cal. App., and Cal. App. Supp. For example:
> People v. Foranyic, 64 Cal. App. 4th 186, 189 (1988)
Alternatively, you may be instructed to cite to West's unofficial reporters, such as Cal. Rptr. or P. reporters:
> People v. Foranyic, 74 Cal. Rptr. 2d 804, 806 (Ct. App. 1988)
Some courts and professors may also require "parallel citations" to multiple reporters. For example:
> People v. Foranyic, 64 Cal. App. 4th 186, 189, 74 Cal. Rptr. 2d 804, 806 (1988)
When citing an electronic version of a decision, such as through an electronic service like Quicklaw or another database, it is necessary to include the name of the database or online source. For example, when citing a case from the United States, use the abbreviations "Lexis" and "WL". For Canadian cases, the most common abbreviations for electronic case law services include:
- CanLII
- QL for LexisNexis Quicklaw
- WL Can for WestlawNext Canada
For example, the case McLean v Pilon (1978) is available in the British Columbia Law Reports and online via CanLII:
> McLean v Pilon (1978), 7 BCLR 99, 1978 CanLII 237 (SC)
To refer to a specific page in a reporter, include a "pinpoint reference" indicating the page number:
> McLean v Pilon (1978), 7 BCLR 99 at 102, 1978 CanLII 237 (SC)
The case begins on page 99 of volume 7 of the British Columbia Law Reports, and the reference points the reader to page 102.
Case Laws: Understanding Court Rulings
You may want to see also
Explore related products
Page and paragraph numbers
When citing case law, it is important to include page or paragraph numbers where necessary. The style of your citation will depend on the style guide you are using.
APA Style
In-text citations in APA style should include the case name in italics, the year, and the page or paragraph number if required. For example: (Wue v. Yang, 2009, p. 3).
OSCOLA Style
According to the OSCOLA guide, if the judgment has numbered paragraphs, pinpoint to a particular paragraph by putting the relevant paragraph number in square brackets. If you are citing multiple paragraphs, separate the paragraph numbers in square brackets with a comma. For example: [42], [45]. If citing spans of paragraphs, insert a dash between the first and last paragraph being cited, for example: [1]-[37].
McGill Guide
The McGill Guide is used in Canada. It recommends including the case name, year, and page or paragraph number if required. For example: (Rutledge v Jimmie, 2014, p. 41).
Case Style: Understanding Legal Document Formatting
You may want to see also
Explore related products
Case naming guidelines
When citing case law, there are several guidelines to follow to ensure the case is correctly named and formatted. Here are some detailed instructions and examples to help you understand and apply these guidelines:
Case Name Formatting
- Italicize the names of the parties: When writing out the names of the parties involved in the case, it is customary to italicize the names. For example, in "Riley v. California", both "Riley" and "California" would be italicized.
- Separate names with "v" or "c": Use "v" (versus) in English and "c" (contra) in French to indicate the opposing sides of the case. For example, "Antares Shipping Corp v The Ship 'Capricorn'".
- Use surnames only: When citing the names of individuals, use their surnames only, unless a person is commonly known by their first name and surname.
- Use only the first-listed person's name if multiple parties are involved: If there are multiple individuals on one side of the case, use only the name of the first-listed person. For example, "Corr v IBC Vehicles Ltd" instead of "Corr and Others v IBC Vehicles Ltd".
- Omit periods: Generally, omit periods in the names. However, include them if they are integral to a company name, such as "Antares Shipping Corp."
- Capitalization: Capitalize all words in the case name, except for prepositions, conjunctions, and procedural phrases (unless they occur first). For example, "In re Kryspin".
- Omit definite articles: Omit words such as "The", "Le", and "L’", unless they are part of an object's name, such as a ship's name.
Additional Elements
- Year of Decision: The year of the decision must always come directly after the case name. If it is not indicated in the first reference, add it in parentheses. For example, "Cinar Corp v Robinson (2012), 2012 SCC 25".
- Neutral Citations: A neutral citation allows for the identification of a case independently of a printed reporter. It includes the case name in italics, followed by a comma and "v" in italics. Then, include the year, court identifier, and case number. For example, "Case Name, Year Court Identifier Case Number".
- Printed Reporter Citations: Whenever available, a neutral citation should be followed by a citation to a printed reporter. This includes the reporter title, volume, and page number. For example, "Vol. # Reporter Title (Series#) Page (Court Abbreviation)".
- Electronic Sources: When citing an electronic source or database, include the database identifier and jurisdiction if relevant. For Canadian cases, use abbreviations such as CanLII, QL for LexisNexis Quicklaw, and WL Can for WestlawNext Canada.
- Page and Paragraph Numbers: Include page or paragraph numbers if you are referring to specific sections within the case. For example, "R v Chiang, 2012 BCCA 85 at para 19".
- Court Abbreviations: Use standard abbreviations for court names, such as "SCR" for Supreme Court Reports and "CA" for Court of Appeal.
- Unreported Cases: If a case is unreported, provide the court and date of the judgment in brackets after the case name. For example, "Stubbs v Sayer (CA, 8 November 1990)".
These guidelines will help ensure that your case citations are clear, consistent, and compliant with the relevant style guides.
Writing a Law Case Brief: A Step-by-Step Guide
You may want to see also
Explore related products
Case law reporters
When citing case law, it is important to refer to the official reporter first. If the case cannot be found in the official reporter, then you may cite an unofficial reporter. In the U.S., The Bluebook dictates which reporter is the preferred one to cite. It is important to note that the citation format may vary depending on the jurisdiction and the specific court.
State cases in the U.S. can be cited using a regional reporter or a state reporter. Most of the time, a regional reporter citation is used, and there are seven regional reporters published by the West Group. When citing a state case, the following information should be included: the name of the case (usually italicised or underlined), the reporter abbreviation, the court, the date of the decision, and the page number(s).
In other countries, such as India, there may be a large number of reporters, each with its own style of citation. For example, in India, there are over 200 law reports, including subject-wise and state-wise reports, both authorised and unauthorised. The official reporter for the Indian Supreme Court is the Supreme Court Reports, while other popular reporters include the All India Reporter (AIR) and Supreme Court Cases.
Understanding 'V' in Case Law: A Quick Guide
You may want to see also
Frequently asked questions
The basic components of a case citation are the case name, the year of the decision, the law reporter volume number, the law reporter abbreviation, the series, and the page number.
The case name should be italicized, with the names of the parties separated by a 'v' for versus (against) in English and a 'c' for contra in French. Only use the surnames, and if there is more than one person listed, only include the name of the first person.
A neutral citation allows the identification of a case independently of a printed reporter. It includes the case name in italics, followed by a comma, a 'v' to indicate the language of the case is English, and the year. A neutral citation should be followed by a citation to a printed reporter whenever one is available.
A reporter is a publication containing the opinions of a particular court or jurisdiction, organized chronologically by date of decision. The Bluebook dictates which reporter is the preferred one to cite.
