Cameron Miranda
Citing case law is a meticulous process that varies depending on the context and style guide being used. For instance, in court documents like briefs and motions, or in legal memoranda, the full case name is typically italicized or underlined. However, in academic legal writing, such as a law review article, full case names are generally not emphasized. The Bluebook, a widely adopted citation guide for legal documents, provides extensive instructions on how to format case citations, including rules for citing briefs, court filings, and transcripts. It also specifies preferred reporters for citing cases and provides tables for abbreviating court names and terms used in case names. When citing state cases, one may need to refer to both regional and state reporters. The MLA style, on the other hand, emphasizes italicizing court case names and using abbreviations consistently. Understanding these nuances is essential for accurately citing case law and adhering to the conventions of the chosen style guide.
| Characteristics | Values |
|---|---|
| Court documents | Italicized or underlined |
| Academic legal writing | Not underlined or italicized |
| MLA style | Italicized |
| Procedural information | Italicized |
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What You'll Learn
- Case citations: party names, reporter, volume, page, year
- Court documents: full case name is usually italicized or underlined
- Citing reporters: The Bluebook prescribes which is the preferred one to cite
- Case name abbreviations: Table 6 provides abbreviations for terms used in case names
- Court name abbreviations: Table 7 provides abbreviations for court names
Case citations: party names, reporter, volume, page, year
Case citations typically consist of five parts: the party names, the reporter's name, the volume number, the page number, and the year the case was decided. The party names and the year may sometimes be omitted.
The first name listed in a case citation is usually that of the plaintiff (the party bringing the suit), and the name following the "v" is the defendant. If the case is appealed, the petitioner (appellant) is listed first, and the respondent (appellee) is listed second. However, some jurisdictions, such as Ohio, maintain the same order of party names on appeal as in the trial court.
A reporter is a publication that contains the opinions of a particular court or jurisdiction, organised chronologically by the date of decision. The opinions of a given court are often published in multiple reporters. The Bluebook, a style guide for legal citations, prescribes which reporter is the preferred one to cite.
The Bluebook also provides extensive instructions on formatting case citations, including guidelines for creating straightforward case names from the list of parties. In court documents and legal memoranda, full case names are usually italicized or underlined, while in academic legal writing, they are generally not.
To find a case using a citation, one can search for the volume, reporter, and first page of the case. If using the public domain citation format, the search would include the year, court designator, and opinion number.
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Court documents: full case name is usually italicized or underlined
When writing court documents such as briefs and motions, or legal memoranda, the full case name is usually italicized or underlined. For example, the case name in "Alderson v. Fatlan, 898 N.E.2d 595 (Ill. 2008)" can be italicized or underlined. The Bluepages (B1; p. 3) notes that italics are preferred.
According to the Bluebook, the full case name should be italicized or underlined in court documents, but not in academic legal writing. This means that in a law review article, for instance, you would not italicize or underline the full case name.
It's important to note that different style guides may have specific rules for citing case law. For instance, the MLA Handbook specifies that writers should italicize the names of court cases, such as "Marbury v. Madison", and use roman font for laws, acts, and political documents.
Additionally, when citing a case, it's important to follow the rules and guidelines provided by the specific court or jurisdiction. For example, Rule 10 in the Bluebook provides extensive instructions on how to format case citations, while Table 1 lists abbreviations for court names. These rules ensure consistency and clarity in legal citations.
In summary, when creating court documents, it is standard practice to italicize or underline the full case name. This is an important aspect of legal citation and helps to ensure that legal sources are accurately and effectively referenced.
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Citing reporters: The Bluebook prescribes which is the preferred one to cite
Citing case law is a meticulous task, and the Bluebook offers a comprehensive guide to ensuring accuracy and consistency. When it comes to citing reporters, the Bluebook is an invaluable resource for determining the preferred source.
A reporter is a publication that contains the opinions of a particular court or jurisdiction, presented in chronological order by the date of decision. These opinions are often published in multiple reporters, and the Bluebook prescribes which reporter should be cited as the preferred source. This information can be found in Table 1 of the Bluebook, which provides a list of reporters, reporter abbreviations, courts, court abbreviations, and preferred sources to cite for federal courts and each state's courts.
For example, when citing cases from the U.S. Supreme Court, the official reporter is the United States Reports. This is because it is listed first among several options, including the Supreme Court Reporter, Lawyer's Edition, and United States Law Week. The Bluebook also designates a regional reporter as the official reporter for each state, often reflecting the opinions of the state's highest court.
In addition to Table 1, there are other tables in the Bluebook that provide essential information for citing cases accurately. Table 6 offers abbreviations for terms used in case names, while Table 7 provides abbreviations for court names if they are not included in Table 1. These tables serve as quick reference tools to ensure consistent and correct citations.
It is important to note that the format of case citations may vary depending on the type of document being created. For instance, in court documents such as briefs and motions, full case names are typically italicized or underlined. However, in academic legal writing, such as law review articles, full case names are generally presented in regular typeface without italics or underlines. These nuances ensure that case law is cited appropriately for different audiences and purposes.
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Case name abbreviations: Table 6 provides abbreviations for terms used in case names
When citing case law, it is important to follow the correct format, including the appropriate use of abbreviations in case names. Table 6, as referenced in the Bluebook guide, provides a comprehensive list of abbreviations specifically for terms used in case names. This ensures consistency and clarity in legal citations.
The use of abbreviations in case names serves multiple purposes. Firstly, it standardises the way case names are presented, making it easier for legal professionals and researchers to identify and locate specific cases. Secondly, abbreviations help streamline case names, making them more concise and manageable, especially when dealing with lengthy or complex case titles.
Table 6 includes abbreviations for commonly used terms in case names. For example, "America[n]" is abbreviated as "Am." This abbreviation can be applied to case names such as "American Broadcasting Companies, Inc. v. Aereo, Inc." to produce "Am. Broadcasting Cos. v. Aereo". Other examples from Table 6 include "Building" abbreviated as "Bldg.", "Institute" or "Institution" as "Inst.", and "Federal" as "Fed.".
In addition to the abbreviations provided in Table 6, there are also guidelines for determining when to abbreviate certain words. If a word of eight or more letters appears in a case name, it may be abbreviated to maintain consistency and readability. This decision is left to the discretion of the writer, ensuring flexibility in the abbreviation process.
It is important to note that the use of abbreviations in case names is specific to court documents, briefs, motions, and legal memoranda. In academic legal writing, such as law review articles, full case names are generally presented without abbreviations, providing a more formal and detailed citation style. By following the guidelines outlined in Table 6 and related sources, legal professionals and students can effectively navigate the intricacies of citing case law, ensuring accuracy and consistency in their work.
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Court name abbreviations: Table 7 provides abbreviations for court names
When citing case law, it is important to follow the correct style and formatting guidelines, such as those outlined in the Bluebook. The Bluebook's Table 7, found on page 432, provides a comprehensive list of abbreviations specifically for court names. This table is an essential resource for citing cases according to Rule 10.4.
Table 7 is a valuable tool for ensuring that court names are abbreviated consistently and accurately in legal citations. It covers a wide range of court names, providing clear and concise abbreviations that are widely recognised and accepted in legal circles. This uniformity in abbreviation usage promotes clarity and consistency in legal writing.
The table is designed to be user-friendly, offering a straightforward approach to finding the correct abbreviation for a specific court name. It is organised in a logical manner, typically with court names listed alphabetically or categorised by jurisdiction. This intuitive structure enables users to quickly locate the desired abbreviation, facilitating efficient legal research and citation creation.
In addition to Table 7, other tables within the Bluebook provide further guidance on abbreviations specific to legal citations. For instance, Table 1 offers a comprehensive list of reporter abbreviations, court abbreviations, and preferred sources for citation across federal courts and state courts. Table 6 is another useful resource, containing abbreviations for common terms found in case names, such as "America[n]" abbreviated as "Am."
By consulting Table 7 and other relevant tables in the Bluebook, legal professionals, students, and scholars can ensure that their case citations adhere to standardised conventions. This not only enhances the professionalism and readability of their work but also helps maintain consistency across the legal field, facilitating seamless communication and understanding among legal practitioners. These tables serve as invaluable references for anyone navigating the complexities of legal citation.
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Frequently asked questions
In academic legal writing, full case names are generally not underlined or italicized.
The name of the case can be italicized or underlined. Italics are preferred.
Rule 10 and Rule B10 in the Bluebook provide guidelines on how to cite cases.
