Keith Mack
Citing law cases in footnotes is a common practice in legal writing. Footnotes are used to provide additional information, such as citations, explanations, or references, that support or expand on the main text. In law, footnotes are often used to cite cases, providing validation for a claim made in the text. When citing a law case in a footnote, it is important to include specific information such as the case name, the year, and the relevant page numbers. The style and format of the citation may vary depending on the jurisdiction and the specific style guide being used, such as OSCOLA or Bluebook.
| Characteristics | Values |
|---|---|
| Footnote function | Provide validation, citation, or explanation of a claim made in your writing |
| Most common type of footnote | Citing a case that supports your claim, with a brief explanation of why it matters |
| Footnote style | OSCOLA style, i.e. citations placed in numbered footnotes |
| When to use footnotes | When writing a law review article, not when writing a brief |
| Where to cite case | Immediately after relevant text |
| Multiple citations | Use "ibid" or "supra" after the first citation instead of repeating the full citation |
| Official and unofficial reporters | Official reporter listed first, unofficial reporters listed in order of citation preference |
| Citing a case in the Federal Reporter | List the following six elements in order: full case name, volume, reporter abbreviation, first page, court abbreviation, and year |
| Citing a case in the Federal Supplement | List the following six elements in order: reporter abbreviation, first page, pinpoint page, court abbreviation, volume, and year |
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What You'll Learn
Citing multiple sources
When citing multiple sources in footnotes for law cases, there are a few key guidelines to follow. Firstly, it is important to provide the full citation to the case immediately after the relevant text. If you refer to the case later in the document, you can use a short form in brackets to make subsequent references more concise. For example, "Hayes v British Columbia Television Broadcasting System Ltd (1992), 74 BCLR (2d) 120 (CA) [Hayes]". Here, " [Hayes]" is the short form used for future references.
Additionally, when citing multiple sources, the order of citations matters. If a jurisdiction's cases are published in multiple reporters, always list the official reporter first, followed by unofficial reporters in order of citation preference. For instance, when citing Supreme Court cases, the official reporter is "United States Reports". If the case has not yet been published in the official reporter, you would use an unofficial reporter, such as "Supreme Court Reporter" or "United States Law Week".
To cite a case in the Federal Reporter, you must include the following six elements in order: case name, volume number, reporter abbreviation, first page number, pinpoint page number (if required), and the year the case was decided (within parentheses following the court abbreviation). For example, "Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)".
When citing multiple sources within the same footnote, separate each citation with a comma or a semicolon, depending on the specific style guide you are using. Remember to follow the Bluebook or your preferred style guide for the exact formatting and punctuation rules when citing multiple sources in footnotes for law cases.
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Official and unofficial reporters
Official reporters are government-approved publications that reproduce reported cases within a given jurisdiction. They are either published or sanctioned by the court. For example, United States Reports is the official reporter for the United States Supreme Court. Many states also publish their own official reporters. The official reporter should be cited when submitting documents to the court in that jurisdiction.
Unofficial reporters, on the other hand, are commercially published and may include editorial enhancements such as headnotes, in addition to the text of the opinion. Headnotes are brief summaries of specific points of law decided in a case, written by the publisher's editors. While headnotes are useful as a research tool, they are not considered legal authority and should not be cited.
When a jurisdiction's cases are published in more than one reporter, the official reporter is always listed first, followed by the unofficial reporters in order of citation preference. For example, Supreme Court cases can be found in the official United States Reports, as well as the unofficial Supreme Court Reporter and United States Supreme Court Reports, Lawyers' Edition.
Unofficial reporters are used when the official reporter has not yet published the opinion. For instance, there is often a significant time lag between when the United States Supreme Court decides a case and when it is published in the official United States Reports. In such cases, one would cite the opinion using an unofficial reporter, such as the Supreme Court Reporter.
Another example is that of federal district court cases, which are not compiled in an official reporter but can be found in West's Federal Supplement, an unofficial reporter.
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Citing web sources
When citing web sources, it is important to include all relevant information so that readers can easily find the source material. The exact format will depend on the citation style (e.g. APA, MLA, Chicago) and the type of source material (e.g. webpage, article, website). Here are the general guidelines for citing web sources in footnotes:
Author
Include the author's full name, if available. If there is no identifiable author, use the name of the organisation or website. For example: "Wilderness Society Australia". If the work has more than three authors, only the first author is listed, followed by "and others".
The title of the document or webpage should be included, along with the name of the website in italics. The title of the webpage should be capitalised and placed within quotation marks.
Publication Information
Include the place of publication, name of the publisher, and the date of publication. If the publication date is unavailable, use the date of the last web page or document update. If this is also unavailable, use the date accessed, preceded by the word "Accessed".
Access Date
Provide the date on which the information was retrieved, especially if the material is likely to be revised or updated. The date is given in parentheses at the end of the footnote in the day-month-year format.
URL
Include the full URL of the webpage or document.
Danielle Wiener-Bronner, "Coke Launches New Flavor to Keep Customers from Leaving it Behind", CNN, 8 Feb. 2019, www.cnn.com/2019/02/08/business/coca-cola-new-flavor/index.html. (Accessed 8 Feb. 2019).
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Citing in text vs footnotes
The use of in-text citations versus footnotes in legal writing is a subject of some debate. Generally, in-text references are used for memoranda and factum, while footnotes are used for other legal writing. However, some judges, practitioners, and legal writing experts argue that placing citations in footnotes improves the readability of the text and helps to avoid cluttered and choppy prose. For example, Polly Estes, an appellate attorney who worked for 12 years at the United States Court of Appeals for the Ninth Circuit, expressed a preference for citations in the body of the text.
When citing a law case in the text, the full citation should be included immediately after the relevant text. A short form in brackets can be used for subsequent references. For example:
> The leading case in B.C. on the general test for the existence of a partnership is that of Hayes v British Columbia Television Broadcasting System Ltd (1992), 74 BCLR (2d) 120 (CA) [Hayes]. In determining whether a partnership has formed, the meaning of the words “carrying on business in common with a view of profit” should be considered (ibid).
When citing a case in a footnote, the same information should be included, but the format may vary depending on the specific style guide being used. For example, the Bluebook has different formats for law review footnotes, briefs, court documents, and legal memos. Additionally, when citing a case in a specific reporter, the official reporter is always listed first, with unofficial reporters listed in order of citation preference. For example:
> Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)
Regardless of the citation style used, it is important to ensure that legal writing is clear, orderly, and coherent, with precise sources of support.
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Footnote structure
The footnote structure for citing law cases varies depending on the citation style being used. Here is an overview of the footnote structure according to different styles:
OSCOLA Style
The OSCOLA (Oxford University Standard for Citation of Legal Authorities) style is commonly used in the UK and some other countries. This style uses numbered footnotes, which are placed at the bottom of the page where the corresponding reference occurs.
In the footnote, the case citation typically includes the following elements:
- Names of the parties involved (e.g., Hayes v British Columbia Television Broadcasting System Ltd)
- Year of the case (in parentheses)
- Law report series and volume number (e.g., 74 BCLR (2d))
- First page of the case report (e.g., 120)
- Abbreviation of the court (e.g., CA)
- Page numbers of the specific pages referenced in the text
For example: Hayes v British Columbia Television Broadcasting System Ltd (1992) 74 BCLR (2d) 120 (CA)
Bluebook Style
The Bluebook style is commonly used in the United States for legal citations. This style has specific formats for different types of documents, such as law review articles, briefs, court documents, and legal memos.
For law review articles, citations are typically placed as footnotes. The structure of a case citation in a Bluebook law review footnote may include the following:
- Names of the parties involved (e.g., Universal City Studios, Inc. v. Corley)
- Reporter abbreviation and volume number (e.g., 273 F.3d)
- First page of the case report and pinpoint page if required (e.g., 429)
- Abbreviation for the court and circuit (e.g., 2d Cir.)
- Year the case was decided (in parentheses)
For example: Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001)
Other Considerations
Regardless of the citation style, there are a few general principles to keep in mind when structuring footnotes for law case citations:
- Consistency: Ensure that you consistently follow the chosen citation style throughout your document.
- Multiple Citations: If you cite the same source multiple times, use "ibid" or "supra" after the first citation instead of repeating the full citation.
- Jurisdiction and Reporters: When a jurisdiction's cases are published in multiple reporters, always list the official reporter first, followed by unofficial reporters in order of citation preference.
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Frequently asked questions
Include the full citation to the case immediately after the relevant text.
Provide the reader with a short form in brackets after the first citation. This makes later references much more succinct.
You can use the following format: Author, Title (indicates location of the page in relation to the rest of the website), Main Page Title (Date, time), URL. If no date is available, put (last visited date) after the URL.
