Cameron Miranda
Case citations are a system used by legal professionals to identify past court case decisions. They are formatted differently in different jurisdictions but generally contain the same key information. For example, in the case citation 'Hebb v. Severson, 201 P.2d 156 (Wash. 1948)', Hebb and Severson are the parties in the case, 201 is the volume number, P.2d is the abbreviation of the name of the law report series, 156 is the page number, and (Wash. 1948) indicates the case was decided by the Washington State Supreme Court in 1948.
| Characteristics | Values |
|---|---|
| Purpose of case law numbers | To identify past court case decisions |
| What they refer to | A specific volume in a set of reports |
| Where to find the numbers | Before the title of the case |
| What the numbers after the title refer to | The page on which the report of the case begins |
| What the abbreviation and words between volume and page numbers refer to | The title of the publication reporting the case |
| What to do if the case appears in more than one publication | References to other publications should also appear |
| Example of a case law number | Bostick v. State, 554 So.2d 1153 (Fla. 1989) |
| What the example means | The case can be found in volume 554 of the Southern Reporter, second series, beginning on page 1153, and that the Florida Supreme Court decided the case in 1989 |
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What You'll Learn
Case citation systems
The Bluebook System:
The Bluebook is a widely used legal citation guide in the United States. It provides comprehensive rules for citing legal sources, including case law. Rule 10 of The Bluebook governs how to cite cases and includes instructions on formatting case citations, citing briefs, court filings, and transcripts. Tables within The Bluebook provide abbreviations for court names, geographical terms, and terms used in case names, ensuring consistency and brevity in citations.
Neutral Citation Standards:
Some countries, such as Australia and Canada, have adopted neutral citation standards for case law. These standards provide a naming system that is independent of the publication of the case in a law report. For example, an Australian case citation might look like this: *Mabo v Queensland (No 2) [1992] HCA 23*. This citation includes the year of the decision within square brackets, followed by a unique court identifier code ("HCA") and a number indicating the sequential order of the decision ("23").
Canadian Open Access Legal Citation Guide (COAL):
Introduced in 2024, the COAL system is used in Canada and follows a similar structure to other case citation systems. It employs the use of "v" or "c" to separate party names, with "v" representing English and "c" representing French. Undisclosed parties are represented by initials, and criminal cases prosecuted by the Crown use "R" for Regina (queen) or Rex (king).
Reporter-Based Citations:
In many jurisdictions, case citations include the name or abbreviation of the reporter (the publication containing the court's opinions), the year or volume, the page number where the decision begins, and the name or abbreviation of the court. For example, a citation might read: *Ugeskrift for Retsvæsen, 1968, p. 84 (Supreme Court)*. This citation refers to a specific case published in a reporter, providing the necessary details to locate the decision within the publication.
In summary, case citation systems vary across jurisdictions, and it is important to consult the appropriate style guide or standard for the relevant legal system. These systems ensure accuracy and consistency in legal writing and enable efficient retrieval of case law information.
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Case title abbreviations
Case citations are references to legal authorities. They follow a standard format so that anyone using a law library can find the resources cited. Case citations are generally made up of the names of the parties involved in the case, the volume number, the abbreviation of the publication in which the case can be found, and the page number. For example, in the case citation "Hebb v. Severson, 201 P.2d 156 (Wash. 1948)", "Hebb and Severson" are the parties in the case, "201" is the volume number, "P" is the abbreviation for the Pacific Reporter, and "156" is the page number. The case was decided by the Washington State Supreme Court in 1948.
The abbreviations used in case citations can refer to the name of the court that decided the case, such as "Wash." for the Washington State Supreme Court, or the publication in which the case was reported, such as "P." for the Pacific Reporter. These abbreviations are standard and can be found in legal abbreviation guides or dictionaries. For example, "S. Ct." refers to the Supreme Court Reporter, "F." refers to the Federal Reporter, and "F. Supp." refers to the Federal Supplement.
In some cases, the abbreviation may refer to a specific series of reports. For example, "F.2d" refers to the second series of the Federal Reporter, while "F.3d" would refer to the third series. Similarly, "S.E.2d" refers to the second series of the South Eastern Reporter.
It is important to note that publishers may have different practices regarding the use of periods in abbreviations. For example, the Code of Federal Regulations can be abbreviated as "C.F.R." or "CFR".
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Pinpoint references
In legal citations, pinpoint references are typically included after the starting page number, separated by a comma and a space. For example, in the citation "R v Morgentaler, [1988] 1 SCR 30 at 31", the number "31" is the pinpoint reference, indicating that the cited information can be found on page 31.
When citing a paragraph, the abbreviation "para" is used, followed by the paragraph number. For instance, "Victoria (City) v. Smith, 2020 BCSC 1173 at para 18" refers to paragraph 18. Similarly, when citing a section, the abbreviation "s" is employed, as in "Criminal Code, 1985 RSC, c C-46 s 293", which refers to section 293.
In some styles, such as the AGLC referencing style, pinpoint references to paragraphs are indicated by a number in square brackets, without using the word "para". For instance, in the citation "Liongson v Olims Canberra Hotel [2010] FCA 248, [21]", the square brackets " [21]" indicate a reference to paragraph 21. This style is also used for medium neutral citations, where paragraph references are essential, as seen in "79 Cartwright v Cartwright [2007] NTSC 32 [10]".
Understanding how to interpret and utilise pinpoint references is crucial for efficient legal research, enabling legal professionals and students to navigate complex case law and quickly locate the relevant information within cited sources.
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Proprietary and public domain citations
Public domain citations are a relatively recent phenomenon, with state courts creating their own citation systems in 1996. These citations are "vendor neutral" because they do not cite a commercial reporter, and "media neutral" because they can be used to cite electronic material. They are also called "universal" and "vendor neutral". The main benefit of public domain citations is that they allow citizens to access court-issued opinions directly from their state's website, without having to pay for a commercial publication.
Public domain citations include the information needed to identify the jurisdiction and date of a case. The year is at the beginning, the jurisdiction in the middle, and the third element is the chronological number of cases decided by that court in that year. A parallel citation to the West reporter is included if available. Cases using a public domain system are issued with numbered paragraphs instead of page numbers, so they can be printed in any format without losing information.
The Bluebook, a guide to legal citation, offers rules for public domain citations. According to Rule 10.3.3, citations should contain the year, state code, and sequential case number. A parallel citation to the commercial reporter, which most states still require, is also included. To pinpoint a specific citation within the case, the paragraph number is used.
In contrast, proprietary citations refer to commercial reporters, which are published by private companies and often require a subscription to access. The numbers that appear before the title refer to a specific volume in a set of reports, while the numbers following the title refer to the page on which the report of the case begins. For example, in the citation "Bostick v. State, 554 So.2d 1153 (Fla. 1989)", the case can be found in volume 554 of the Southern Reporter, second series, beginning on page 1153, and was decided by the Florida Supreme Court in 1989.
In summary, public domain citations provide free access to court-issued opinions and can be used in any format, while proprietary citations refer to commercial reporters and require specific volume and page numbers.
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Jurisdictional differences
Jurisdiction refers to the power of a court to hear and decide a case. There are several types of jurisdiction, including general jurisdiction, limited jurisdiction, and exclusive jurisdiction. General jurisdiction refers to a court's ability to hear and decide on a wide range of cases, while limited jurisdiction restricts the types of cases a court can decide. For example, small claims courts and civil courts have limited jurisdiction based on the amount of money claimed in damages. Exclusive jurisdiction means that only a particular court can decide a case, such as bankruptcy court.
There are also jurisdictional differences between state and federal courts in the United States. Federal courts have exclusive jurisdiction over certain subject matters of national significance, such as patent and admiralty law. Federal courts also have diversity jurisdiction, which allows individuals to bring claims in federal court if the claim exceeds a certain monetary amount and the parties are from different states. Federal question jurisdiction allows individuals to bring claims in federal court if they arise under federal law, regardless of the value of the claim. Most state courts are courts of general jurisdiction and can hear virtually any claim arising under federal or state law, except those under the exclusive jurisdiction of federal courts.
The question of jurisdiction also applies to the relationship between higher and lower courts. Lower courts are generally bound to follow the decisions of higher courts in the same jurisdiction. For example, a federal district court must follow the decisions of the U.S. Supreme Court but is not bound by the decisions of other district courts. Decisions from outside federal jurisdictions are considered persuasive rather than mandatory authority. However, within a state, court rules, procedures, and forms are generally consistent across all jurisdictions.
Additionally, jurisdictional differences can impact the availability and accessibility of legal materials and publishing practices. At the federal level, resources are more easily accessible due to the involvement of both private and government publishers. However, each state follows its own publishing practices, which can vary significantly, especially in the publication of court decisions.
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Frequently asked questions
The numbers that appear before the title refer to a specific volume in a set of reports, and the numbers that follow the title refer to the page on which the case begins.
The abbreviation "v" stands for the Latin word "versus", meaning "against".
First, identify the appropriate reporter. Then, find the volume and page number where the case was published.
A case citation is a system used by legal professionals to identify past court case decisions, either in a series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
A citation to an unreported case includes the name of the court, the date of the decision, and the case number assigned by the court.
