Cameron Miranda
Case law citation is a complex process that varies depending on the jurisdiction, court, and type of case. The Bluebook, a widely used resource, provides comprehensive guidelines for citing case law, including rules for specific situations such as parallel citations and pincites. In general, a case citation includes the case name, reporter volume, reporter abbreviation, and specific page numbers. The precise format may differ based on the citation style guide being used, such as Bluebook or OSCOLA, and the nature of the document in which the case law is being cited. This could include court documents, legal memoranda, or academic legal writing, each with its own conventions.
| Characteristics | Values |
|---|---|
| Case name | Italicized or underlined in court documents and briefs; not underlined or italicized in academic legal writing |
| Case name format | Name v. Name |
| Neutral citation | Where appropriate, include the neutral citation and separate with a comma |
| Law report citation | Include the volume, report abbreviation, and first page |
| Court and year | Place in parentheses after the reporter citation and pincite |
| Jurisdiction | Include the court abbreviation and date in parentheses unless the court name is obvious from the reporter abbreviation |
| Page number | Cite the specific page for the cited material |
| Reporter | A publication containing the opinions of a particular court or jurisdiction, organized chronologically by date of decision |
| Parallel citations | Not required by the Bluebook, but often required in court documents and filings |
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What You'll Learn
Case name, volume, reporter, page number, court, year
The standard legal citation style used across all disciplines is the Bluebook style. The precise format of a case citation depends on a number of factors, including the jurisdiction, court, and type of case.
A case citation generally includes the case name, reporter volume, reporter abbreviation, first page of the case, specific page for the cited material, court abbreviation, and date (usually in parentheses). For example, a United States Supreme Court citation would look like this: Marbury v. Madison, 5 U.S. 137, 138 (1803).
The case name is sometimes italicized or underlined in court documents and legal memoranda but not in academic legal writing. The reporter is a publication containing the opinions of a particular court or jurisdiction, organized chronologically by date of decision. The opinions of a given court or jurisdiction are often published in more than one reporter. The Bluebook prescribes which reporter is the preferred one to cite.
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Italicise or underline full case names in court documents
When writing court documents (briefs, motions) and legal memoranda, full case names are usually italicized or underlined. For example, in the case citation "Katz v. United States, 369 F.2d 130 (9th Cir. 1966), rev'd, 389 U.S. 347 (1967)", the case name "Katz v. United States" is italicized or underlined. This format helps to distinguish the case name from the subsequent information, which includes the reporter volume, reporter abbreviation, and other details.
The Bluebook, a widely used guide for legal citation, provides specific rules for citing cases. Rule 10.2, for instance, offers guidelines for creating straightforward case names from the list of parties at the beginning of a case report. This rule applies to both case names in textual sentences and citations, helping to standardize the way cases are referenced.
It's important to note that the precise format of a case citation can vary depending on factors such as jurisdiction, court, and type of case. However, the basic structure typically includes the case name, followed by the reporter volume, reporter abbreviation, and other relevant details. For example, in the citation "Brown v. Board of Education, 347 U.S. 483 (1954)", the case name is "Brown v. Board of Education," followed by the volume number "347" and the abbreviation "U.S." for the United States Reports.
In addition to the Bluebook, other style guides like OSCOLA also provide guidelines for citing cases. According to OSCOLA, case names should be in italics, with an unpunctuated italic "v" to separate the names of adverse parties. For instance, in the citation "Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884," the case name "Corr v IBC Vehicles Ltd" is presented in italics. This style guide also emphasizes the use of neutral citations, which provide additional information about the case's origin and location within a law report series.
While full case names are typically italicized or underlined in court documents, it's worth noting that academic legal writing, such as law review articles, generally follows a different style. In these contexts, full case names are usually not underlined or italicized, adhering to the specific guidelines of the chosen citation style.
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Abbreviations and inferential steps
Abbreviations
Case citations typically include the case name, reporter volume, reporter abbreviation, first page of the case, specific page for the cited material, and court abbreviation and date (usually in parentheses).
For instance, the citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)" indicates a decision in a case between an appellant (Stearns) and an appellee (Ticketmaster Corporation). The abbreviation "F.3d" refers to the Federal Reporter, Third Series, and "9th Cir." refers to the United States Court of Appeals for the Ninth Circuit.
Inferential Steps
When citing case law, it is often necessary to indicate inferential steps, especially when referring to prior or subsequent history. Explanatory parentheticals are commonly used for this purpose, providing context for why a particular case is being cited. These parentheticals often begin with a present participle verb ("holding," "arguing," "noting," etc.) and then briefly explain the relevance of the cited case.
For example, a citation might read: "Universal Pictures Co. v. Harold Lloyd Corp., 162 F.2d 354 (9th Cir. 1947), arguing that..." Here, the explanatory parenthetical "arguing that..." indicates an inferential step, providing insight into why this specific case is being referenced.
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Citing an electronic version of a decision
When citing an electronic version of a case law decision, it is important to follow a consistent format to ensure that readers can easily locate the text of the decision. The citation should include the names of the lead parties, typically the plaintiff or appellant versus the defendant or appellee.
For example, in the citation "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)", "Stearns" is the appellant and "Ticketmaster Corporation" is the appellee. The citation indicates that the decision can be found in volume 655 of the Federal Reporter, Third Series (identified by the abbreviation “F.3d”), starting on page 1013. Additionally, the citation specifies that the decision was issued by the United States Court of Appeals for the Ninth Circuit (9th Cir.) in 2011.
It is worth noting that the Bluebook: A Uniform System of Citation is the authoritative guide for legal citation styles. This resource provides comprehensive guidelines for citing legal authorities and is compiled by renowned law reviews from Columbia, Harvard, the University of Pennsylvania, and Yale. While online resources can offer basic guidance on legal citations, they should be used as a supplement to, rather than a substitute for, the Bluebook.
When citing an electronic version of a case law decision, ensure that you access the decision through a reputable legal database or the website of the relevant court. This ensures that you are referencing an official and accurate version of the decision. Additionally, always verify the accuracy of your citation by double-checking the relevant details, such as the names of the parties, volume and page numbers, court, and decision date.
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Rules for citing case names in textual sentences and citations
When citing case names in textual sentences and citations, there are several rules to follow. Firstly, Rule 10.2 provides guidelines for creating simple and straightforward case names. This rule is divided into two sub-rules: Rule 10.2.1, which applies to case names in textual sentences and citations, and Rule 10.2.2, which provides additional guidance for abbreviating words in case names.
In textual sentences, case names should be written out in full, with only widely known acronyms abbreviated. For example, "United States" can be abbreviated as "U.S." when citing a case in a textual sentence. Additionally, procedural phrases such as "In re" and "ex rel." should always be italicized, regardless of their location in the citation.
When citing a case, only the first appellation of any party name should be included, and words like "State of", "Commonwealth of", and "People of" should be removed unless the party is located in the same state as the court, in which case "State", "Commonwealth", or "People" can be used. Multiple parties should be cited by only mentioning the first party on each side and omitting words indicating multiple parties. For example, "Wisconsin Packing Co., Inc. d/b/a Packing Co. v. Indiana Refrigerator Lines, Inc." should be shortened to "Wis. Packing Co. v. Ind. Refrigerator Lines, Inc."
Furthermore, when citing a case for the first time in a document, use the long form of the citation. The Bluebook provides a "short form" for subsequent citations, which is explained in Rule 10.9. This rule also covers the use of short forms for cases already cited in full in law review articles, briefs, filings, and legal memoranda.
Finally, when citing a specific page within a case, use a comma and "pincite" to indicate the specific page after the first-page citation. For example, "United States v. Legault, 323 F. Supp. 2d 217, 220 (D. Mass. 2004)."
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Frequently asked questions
The basic format of a case citation includes the case name, followed by the reporter volume, the reporter abbreviation, the first page of the case, and the specific page for the cited material. For example, "Katz v. United States, 369 F.2d 130 (9th Cir. 1966)".
A reporter is a publication containing the opinions of a particular court or jurisdiction, organized chronologically by date of decision. The opinions of a given court or jurisdiction are often published in more than one reporter.
The Bluebook is a guide that provides rules and guidelines for legal citation. It covers various aspects of case citations, including the format, abbreviation, and use of parallel citations.
To cite a case law directly, use the following format: Case Name, Volume # Reporter Page # (Court Year). For example, "Brown v. Board of Education, 347 U.S. 483 (1954)".
A neutral citation is a unique identifier for a case judgment, typically assigned by a court or tribunal. It is usually in the format: " [year] court abbreviation number". A neutral citation is used when citing a case that has been reported in a law report series, such as the Law Reports or the All England Law Reports.
