Keith Mack
Citing cases in law exams is a crucial skill for law students. It involves strategically applying relevant cases to support your arguments and demonstrate your understanding of legal concepts. While it is essential to cite cases accurately, memorization of case details is not expected or required. Examiners are primarily concerned with your ability to link case law to the specific issue in the exam question and apply the legal principles correctly. This means focusing on the principle or ruling of the case and providing a concise citation, including the case name, and year, such as Donoghue v Stevenson [1932]. In some instances, you may use a shortened version of the case name if you cannot recall the full title. Additionally, it is important to know the chronology of cases and the hierarchy of courts involved. This guide will provide an overview of the key considerations for citing cases in law exams effectively.
| Characteristics | Values |
|---|---|
| Case name | Underline the case name |
| Case citation | Use the full citation in printed text |
| Case name format | Use the most iconic part of the case name if you can't remember the full name |
| Case year | Not necessary to cite the year of the case, but aim to include it if possible |
| Case facts | If you can't remember the case name, cite some of the facts of the case |
| Case law application | Use case law strategically to support your arguments and demonstrate your understanding of legal principles |
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What You'll Learn
Underlining the case name
When citing a case in a law exam, it is essential to remember to underline the case name. This is probably the most important thing to remember when citing cases in an examination. For example, when citing the case "The Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401", you can simply write "Pharmaceutical Society of GB v Boots Chemists" and underline the case name.
If you cannot recall the names of both parties, writing the name of one of the parties is acceptable. For instance, you can refer to the above case as "the Boots case". This provides enough information for the examiner to understand that you know the relevant authority. However, this rule does not apply to writing "R" in a criminal case, such as "R v Hughes", where the full name of the defendant should be included.
In some cases, you may not remember the case name at all. In such rare instances, you can briefly mention some of the facts of the case as a last resort. Nevertheless, the crucial factor in earning marks is convincing the examiner that you understand and can correctly apply the case law. This involves linking the case law to the specific issue addressed in the exam question. For example, when discussing mens rea in criminal law, you could cite "R v Cunningham [1957]" and explain how it established that recklessness involves foreseeing a risk and choosing to act, which is sufficient for mens rea in certain crimes.
While it is important to cite the case name accurately, you don't need to memorise the year of the case. Examiners understand that exam conditions can be challenging and will award full marks as long as the case is applied correctly, and the legal principle is clear. For instance, Donoghue v Stevenson [1932] can be simply cited as Donoghue v Stevenson, without the year. If you cannot remember the full name of a case, focus on the most iconic part of the case name. For example, Carlill v Carbolic Smoke Ball Co [1893] can be shortened to Carlill.
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Citing the year
When citing a case, the most important thing is to underline the case name. For example, "The Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401" can be written as "Pharmaceutical Society of GB v Boots Chemists [1953]." If you cannot remember the full name, focus on the most iconic part, for instance, "Carlill v Carbolic Smoke Ball Co [1893]" can be shortened to "Carlill [1893]."
In some instances, you may not need to remember the full details of a case name. For example, "R v Cunningham [1957]" can simply be referred to as "R [1957]" when discussing criminal law cases.
When citing the year, aim for accuracy. The year indicates when a decision was made, and this information is placed in parentheses after the reporter citation and pincite. The Bluebook, a guide to legal citation, provides rules for citing cases, including the use of Arabic numerals for volume numbers and either Arabic or Roman numerals for page numbers.
In summary, while citing the year of a case is not mandatory, it adds precision to your citations. Focus on understanding the case law and its application, as this is more crucial in demonstrating your knowledge and proficiency in legal reasoning.
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short-form''>Using a 'short form'
Citing cases in law exams is a crucial skill that can significantly enhance your answers and demonstrate your understanding of legal principles. While it is important to cite cases accurately, you are not expected to memorise all the details. Examiners understand the constraints of exam conditions and will award full marks as long as the case is applied correctly and the legal principle is clear.
When citing a case in an examination, the most important thing to remember is to underline the case name. For example, if you are referring to the case of *The Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401*, you can simply write "Pharmaceutical Society of GB v Boots Chemists" or even just "the Boots case". If you cannot remember the names of both parties, it is acceptable to write the name of just one, as long as it is clear which case you are referring to.
In some cases, you may not be able to remember the full name of the case. In such situations, focus on the most iconic part of the case name. For instance, *Carlill v Carbolic Smoke Ball Co [1893]* can be shortened to just "Carlill". Alternatively, if you cannot remember the case name at all, you can, as a last resort, briefly mention some of the facts of the case.
It is worth noting that the year of the case is not always necessary, especially if there are no alternative viewpoints or higher court decisions that cast doubt on the case. However, if you do remember the year, it is good practice to include it, as it adds credibility to your citation.
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Referencing a specific page
When referencing a specific page of a case in a law exam, there are several standard formats you can follow. The format you choose will depend on the style guide you are required to use, such as OSCOLA, APA, or AGLC. Here are some instructions for each of these three citation styles:
OSCOLA
In the OSCOLA style, the components of a typical case citation are as follows:
- Case name
- Year (in square brackets)
- Court
- Number
- Year or (year)
- Volume
- Report abbreviation
- First page
For example:
> Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].
Note that if you are citing multiple paragraphs, you should separate the paragraph numbers with a comma. For example:
> Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].
APA
In the APA style, a legal citation generally includes:
- Case name (in italics)
- Volume
- Reporter (abbreviated)
- Page number
- Court
- Year
- URL (optional)
For example:
> Brown v. Collins, 541 U.S. 948, 2004 U.S. LEXIS 2215, 124 S. Ct. 1684, 158 L. Ed. 2d 377, 72 U.S.L.W. 3598 (U.S. 2004).
Note that in the in-text citation, only a single page number should be specified—the page where the coverage of the case begins.
AGLC
In the AGLC style, the standard format for case citations is as follows:
- Case name
- Year (in square brackets)
- Volume (if applicable)
- Law report series abbreviation
- Starting page
- Pinpoint
For example:
> Brown v Tasmania (2017) 261 CLR 328, 335–8. [pinpointing to a span of pages, 335 through to 338]
Note that if you are pinpointing to the first page, you should repeat the page number. For example:
> Brown v Tasmania (2017) 261 CLR 328, 328. [pinpointing to the first page]
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Citing multiple reporters
When citing cases that have multiple reporters, it is important to follow the Bluebook rules and any specific guidance from your professor. Cases are often published in multiple reporters, so the Bluebook will tell you which is the most authoritative. Check Table 1 at the back of the Bluebook to verify which case reporter you should use. For example, if you are citing a case from the California Court of Appeal, refer to Table 1 to determine the appropriate reporter.
If a case citation includes references to the same case published in multiple reporters, this is known as a parallel citation. Bluebook Rule 10.3.1(a) (page 103) states that if a document is being filed in state court and the state court rules require a parallel citation, then a parallel citation must be used. However, it is important to note that both requirements must be met, and a parallel citation should never be used in an ordinary legal memorandum.
When citing a case with multiple reporters, the official reporter is always listed first, followed by any unofficial reporters in order of citation preference. For example, if you are citing a case from the U.S. Supreme Court, the official reporter is the United States Reports (U.S.). If the case is not available in the U.S. Reports, you may need to cite an unofficial reporter, such as the Supreme Court Reporter (S. Ct.) or Lawyer's Edition (L. Ed.).
Additionally, if you are citing a case from a state court, you may need to provide a citation to both the official state reporter and the regional reporter, which is considered a parallel citation. For example, when citing a case from the Supreme Court of Nebraska, you would first cite the official state reporter, followed by the regional reporter.
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