Kara Sears
When writing a memo, it is essential to correctly cite case law to ensure your arguments are supported by relevant legal authorities. The most widely used style manual for citing legal documents is The Bluebook: A Uniform System of Citation, which offers comprehensive guidelines on formatting case citations. These citations typically include the case name, reporter volume, reporter abbreviation, and specific page numbers. In addition, understanding the concept of a reporter, which is a publication containing the opinions of a particular court, is crucial for accurate citation. This involves recognizing the preferred reporter to cite, as specified by The Bluebook. By following these conventions, your memo will adhere to the standard format for legal citations, enabling clear communication and easy verification of sources.
| Characteristics | Values |
|---|---|
| Style guide | The Bluebook, APA, MLA, Chicago Manual of Style |
| Case name | R v Chaisson, Marbury v. Madison |
| Reporter volume | 1, 5 |
| Reporter abbreviation | SCR, U.S. |
| First page of the case | 415, 137 |
| Page for cited material | 138 |
| Court abbreviation | SCR, WY |
| Date | [2006], (1803), (Wyo. 2004) |
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What You'll Learn
Case name formatting
Case names are a fundamental part of legal citations, providing a concise and standardised way to refer to specific court decisions. When citing case law in a memo, it is essential to format case names consistently and accurately to ensure clarity and compliance with established conventions. Here is a detailed guide to help you format case names effectively:
Understanding Case Names
A case name typically consists of the names of the parties involved in the litigation, presented in a specific format. For example, in the case name "R v Chaisson", "R" represents the crown or the state, and "Chaisson" is the name of the defendant. Understanding the structure and conventions of case names is the first step towards accurate citation.
Italicise or Underline Case Names
In court documents, such as legal memoranda, briefs, and motions, it is customary to italicise or underline the full case name. This formatting distinguishes the case name from the surrounding text and emphasises its importance. For example, the case name *R v Latimer* or *_R v Latimer_* would be formatted with italics or underlining.
Neutral Citation Format
A neutral citation is a standardised way to identify a case independently of a specific reporter or publication. It typically includes the case name in italics, followed by a comma, and the year of the decision. For example: *R v Chaisson*, [2006]. The use of square brackets around the year is necessary when the volume number alone does not uniquely identify the book or report containing the case.
Reporter Volume and Abbreviations
After the case name and year, the citation should include the reporter volume and its abbreviation. For instance, in " [*R v Chaisson*, [2006]] SCR 415", "SCR" is the abbreviation for "Supreme Court Reports", indicating that the case can be found in the Supreme Court Reports publication. The page number "415" specifies where the case begins within that publication.
Consistency and Standardisation
Consistency in case name formatting is crucial. Ensure that you follow a recognised style guide, such as The Bluebook or The McGill Guide, for specific instructions on abbreviating reporters, courts, and other elements of the citation. These guides provide comprehensive tables and guidelines to ensure uniformity and compliance with legal citation standards.
By following these guidelines, you can effectively format case names when citing case law in a memo. Remember to refer to the relevant style guides and tables for additional nuances and exceptions to ensure accurate and standardised citations.
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Using a reporter
When citing case law in a memo, it is important to adhere to a specific format. A reporter is a publication containing the opinions of a particular court or jurisdiction, organised chronologically by date of decision. The Bluebook, which governs how to cite cases, prescribes which reporter is the preferred one to cite (Table 1).
If a jurisdiction's cases are published in more than one reporter, the official reporter is always listed first, and unofficial reporters are listed in order of citation preference. For example, the opinions of the U.S. Supreme Court are published in three reporters: United States Reports, Supreme Court Reporter, and Lawyer's Edition. United States Reports is the official Supreme Court reporter because it is listed first.
Federal case citations usually indicate the deciding court and year in parentheses following the reporter citation. For example, the Lawson v. FMR LLC case was eventually reversed by the United States Supreme Court. The Court reversed the decision of the First Circuit Court of Appeals by ruling that the whistleblower statute's protection includes employees of a public company's private contractors and subcontractors. The proper Bluebook citation for that decision is:
> Lawson v. FMR LLC, 571 U.S. 429 (2014).
For cases found in the Federal Reporter, list the following six elements in order:
- Case name (italicized or underlined)
- Year the case was decided (within parentheses following court abbreviation)
- Reporter volume
- Reporter abbreviation
- First page of the case
- Court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation)
For example, the case name for Universal City Studios, Inc. v. Corley is italicized, followed by the year the case was decided in parentheses:
> Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)
It is important to verify all case law within your legal memo. For each cited case, make sure you understand the composite analysis, direct history, case analysis, authorities, and citing documents.
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Neutral citations
A typical neutral citation is composed of the following three elements: the year, an abbreviation for the court, and the number of the case. For example, Smith v Jones [2001] EWCA Civ 10 at [30], [2001] QB 124, [2001] 2 All ER 364. This refers to case number 10 of the Court of Appeal (Civil Division) of 2001 and a passage at paragraph 30.
Most neutral citations are assigned by the court, but in some cases, they may be supplied unofficially by BAILII (the British and Irish Legal Information Institute). This may occur when a court has not provided an official neutral citation or when applying a publisher-neutral reference to a judgment that predates the implementation of neutral citations. In such cases, the letter "B" appears before the case number.
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Court abbreviations
In the United States, court abbreviations are utilised in case citations to indicate the specific court that decided the case. These abbreviations vary depending on the court hierarchy and jurisdiction. For instance, the abbreviation "S. Ct." represents the Supreme Court Reporter, denoting cases adjudicated by the U.S. Supreme Court. Conversely, "L. Ed." or "L. Ed. 2d" signifies the Lawyers' Edition, referring to cases reported in this specific publication.
Federal courts, including the U.S. Bankruptcy Court and the U.S. Tax Court, employ specialised citation rules. For instance, the abbreviation "F. Supp." or "F. Supp. 2d" is used in federal court citations, as illustrated in the example: "City of Millville v. Rock, 683 F. Supp. 2d 319 (D.N.J. 2010)". Here, "F. Supp. 2d" denotes the Federal Supplement, the reporter for federal district court decisions.
State court systems also utilise their own set of abbreviations. For example, in California, "Cal. App." signifies the California Court of Appeal, as seen in the citation: "Harris v. Atlantic Richfield Co., 14 Cal. App. 4th 70, 17 Cal. Rptr. 2d 649 (1993)". This case was published in the California Appellate Reports, denoted by "Cal. App.", and the California Reporter, abbreviated as "Cal. Rptr.".
To ensure accuracy and uniformity in court abbreviations, it is imperative to consult established style guides, such as The Bluebook, which provides comprehensive tables listing court abbreviations for federal and state courts. These resources offer definitive guidance on the correct abbreviations to employ when citing case law, ensuring consistency across legal documents and memoranda.
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Date formats
The date format for citing case law in a memo depends on the citation style you are using. The Bluebook is a commonly used citation style for law. Here is how you would cite dates in a legal memo according to The Bluebook:
Case citations generally include the case name, followed by the reporter volume, the reporter abbreviation, the first page of the case, the specific page for the cited material, and the court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation). The date is written in numerical form within parentheses. For example, the citation for the Lawson v. FMR LLC case includes the date: "Lawson v. FMR LLC, 571 U.S. 429 (2014)".
The Bluebook also provides rules for citing unpublished opinions. The correct citation for unpublished federal court opinions includes: the case name; the case docket number; the database identifier and electronic report number; the star page number; and the court and full date parenthetical. For example: "Lawson v. FMR LLC, No. 08-10466-DPW, 2010 U.S. Dist. LEXIS 76461, at *8 (D..."
When citing briefs, court filings, and transcripts, it is important to adhere to a specific format. Each document should start with its full name, followed by a pinpoint citation, if applicable. Thereafter, the full case citation and the docket number should be included. If there has been no decision on the filing cited, the case should be cited according to rule 10.5(c), with the date in the parenthetical reflecting the date on which the filing was made. For example: "Complaint at 17, Kelly v. Wyman, 294 F. Supp. 893 (S.D.N.Y. 1968) (No. 68 Civ. 394)".
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Frequently asked questions
The standard way to cite case law in a memo is to include the case name, reporter volume, reporter abbreviation, first page of the case, specific page for the cited material, and court abbreviation and date in parentheses.
A reporter is a publication containing the opinions of a particular court or jurisdiction, organized chronologically by date of decision. The Bluebook prescribes which reporter is the preferred one to cite.
A neutral citation permits the identification of a case independent of a printed reporter. It includes the case name, year, court identifier, and case number. A neutral citation should be followed by a citation to a printed reporter whenever one is available.
