Anaya Nolan
Case law is law established by judicial decision in cases. When referencing case law, the style of citation will depend on the style guide you are using. For example, the Bluebook is the citation guide most lawyers adhere to, while the Harvard Style and APA Style are also used. Generally, a case citation should include the case name, the year of the decision, the court identifier, and the case number. A citation may also include the volume and reporter of the law report, the page number, and the URL. When citing an electronic version of a decision, such as through Quicklaw or another database, it is necessary to include the name of the database or online source.
| Characteristics | Values |
|---|---|
| Case name | Italicized |
| Case name separator | "v" to indicate English language |
| Year of decision | In round brackets |
| Volume | Volume number |
| Reporter title | DLR for Dominion Law Reports |
| Series | 4th series |
| Page number | Page where the case begins |
| Court abbreviation | Sask CA for Saskatchewan Court of Appeal |
| Jurisdiction | Not needed if indicated in case identifier |
| Court identifier | BCSC for British Columbia Supreme Court |
| Case number | Numeric |
| Database or online source | Name of database or online source |
| URL | Optional |
| DOI | If no DOI, include URL |
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What You'll Learn
Case name, year, court identifier, case number
When referencing case law, it is essential to follow a consistent and recognised format. The case name, year, court identifier, and case number are fundamental elements that should be included in any legal citation. Here is a detailed guide on how to structure and present this information effectively.
Case Name
The case name, also known as the style of cause, is a critical component of any legal citation. It is standard practice to present the case name in italics. This formatting distinguishes it from other elements and helps identify the specific legal matter. For example, in "R v Latimer", "R v" is presented in italics as the case name, indicating an adversarial case.
Year
The year of the decision is another essential element in referencing case law. It is typically included in round brackets immediately following the case name. For instance, in "R v Latimer (1995)", the year "1995" is placed in round brackets to indicate the year of the decision. This format adheres to traditional legal citation requirements.
Court Identifier
The court identifier is a unique code or abbreviation that signifies the court where the decision was made. Each court or tribunal usually has its own identifier. For example, "BCSC" in "Rutledge v Jimmie, 2014 BCSC 41" indicates the British Columbia Supreme Court. These identifiers provide clarity and standardisation across different jurisdictions.
Case Number
The case number is a specific identifier assigned to a particular legal matter within a court. It helps differentiate cases with similar names or subject matters heard in the same court. In the example "Rutledge v Jimmie, 2014 BCSC 41", "41" represents the case number, signifying that it is the 41st case heard in the British Columbia Supreme Court in 2014.
Combining the Elements
When combining these elements, a typical case citation structure would be: "Case Name (Year) Court Identifier Case Number". For example, "Rutledge v Jimmie (2014) BCSC 41". This format provides a clear and standardised way to reference case law, ensuring consistency and ease of identification across legal documents and publications.
In conclusion, accurate and comprehensive referencing of case law is essential for legal research and practice. By following the guidelines for case name, year, court identifier, and case number, you can effectively communicate the key details of a legal decision, facilitating understanding and enabling further exploration of the cited case.
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Neutral citations
A neutral citation is a unique court-assigned reference number for a judgment in a common law jurisdiction. It is a reference given to a particular judgment by HM Courts and Tribunals Service. Unlike the majority of citations, neutral citations do not refer to a specific report of a case but to the judgment itself. A neutral citation is simplified and includes only the case name (also known as the style of cause) in italics, followed by a comma, and then the year.
Most neutral citations are assigned by the court, but in some cases, they have been supplied unofficially by BAILII (the British and Irish Legal Information Institute). This may be to apply a publisher-neutral reference to a judgment (whether or not reported elsewhere) that predates the implementation of neutral citations, or because the court has not provided one. In this case, the letter B appears before the case number.
Further neutral citations were introduced for the First-tier Tribunal in 2009 and the Employment Appeal Tribunal in 2022.
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Citing EU cases
When citing EU cases, it is important to follow the correct format. The Court of Justice of the European Union (CJEU) is divided into two courts: the Court of Justice and the General Court (formerly known as the Court of First Instance until 2009).
Since 1989, EU cases heard at the ECJ have been prefixed with 'C', and those heard at the GC have been prefixed with a 'T'. Cases heard before 1989 have no prefix. Where possible, refer to the official European Court Reports, cited as ECR. ECJ cases are reported in volume 1 (ECR I) and GC cases are reported in volume 2 (ECR II). If there is no ECR reference, use the Common Market Law Reports (CMLR) unless the case has been reported in the Law Reports, The Weekly Law Reports, or the All England Law Reports.
When citing an opinion of an Advocate General, add the words ''Opinion of AG [name]' after the case citation and before any pinpoint. For example: 'Case C–411/05 Palacios de la Villa v Cortefiel Servicios SA [2007] ECR I–8531, Opinion of AG Mazák, paras 79–100'.
If the case is not yet reported in the OJ, cite the case number and case name, followed by the court and date of judgment in brackets. For instance: 'Bavarian Lager Co. Ltd v Commission (Case T-194/04) [2007] ECR II-4523'.
A European Case-Law Identifier (ECLI) was introduced in 2015, using four elements. These follow the case number. For example, C-403/03 Schempp v Finanzamt Munchen, indicates that the decision was delivered by the Court of Justice in 2005 and is the 446th ECLI attributed that year. The elements are separated by colons. Paragraphs in judgments are cited as: 'EU:C:2005:446, para 22'.
When pinpointing a paragraph, follow the citation with a comma, then 'para' and the paragraph number. To pinpoint several paragraphs, follow the citation with a comma, then 'paras' and insert a dash between the paragraph numbers.
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Citing federal court cases
Understanding Basic Components
A fundamental aspect of citing federal court cases is mastering the essential elements that comprise a citation. These elements typically include:
- Case Name: The style of the case, often presented in italics or underlined. For example, in "R v Latimer", "R v" is the case name.
- Year of Decision: The year the case was decided, enclosed in round brackets. For instance, "(1995)" indicates the year of decision in "R v Latimer (1995)".
- Volume Number: The volume identifier of the reporter or series. For example, "126 DLR (4th)".
- Reporter Title: The title of the publication where the case is reported, such as Dominion Law Reports.
- Page Number: The specific page(s) where the case appears, like "203" in "R v Latimer, 126 DLR (4th) 203".
- Court Abbreviation: An abbreviation indicating the court that heard the case, such as "Sask CA" for Saskatchewan Court of Appeal.
Federal Court Structure
The federal court system in the United States comprises several levels, each with its own reporting procedures:
- Supreme Court: The highest court in the land, its decisions are reported in the official United States Reports and unofficially in the Supreme Court Reporter or United States Supreme Court Reports, Lawyers' Edition.
- Federal Courts of Appeals: These courts' decisions are not compiled in an official reporter but are often found in West's Federal Reporter or the Federal Appendix.
- Federal District Courts: Cases from these courts are typically published in West's Federal Supplement, abbreviated as "F. Supp." or "F. Supp. 2d".
Neutral Citations
A neutral citation is a standardised way to identify a case, independent of a printed reporter. It includes the case name, year, court identifier, and case number. For example, "Rutledge v Jimmie, 2014 BCSC 41" is a neutral citation, with "Rutledge v Jimmie" as the case name, "2014" as the year, "BCSC" as the court identifier, and "41" as the case number.
Electronic Sources and Databases
When citing an electronic source or database, include the name of the database or online source. For instance, " [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45]". Here, "[2001] EWCA Civ 1117" is the neutral citation, and "[2001] 1 WLR 2112 [42], [45]" specifies the page numbers within the printed reporter.
Unpublished Opinions
Federal rules permit citing unpublished or unreported opinions issued on or after January 1, 2007. The Bluebook provides guidelines for such citations, which include the case name, case docket number, database identifier, electronic report number, and court and date information.
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Citing cases for litigation
Case citations are an essential tool for legal professionals, providing a standardised way to reference past court decisions. The precise format of a case citation can vary depending on the jurisdiction, court, and type of case. However, there are some general guidelines and principles that can help you effectively cite case law for litigation.
Firstly, it's important to understand the components of a case citation. Typically, a case citation includes the case name (also known as the style of cause), the year of the decision, the volume number, the reporter title, the series number, the page number, and the court abbreviation. For example, in "R v Latimer (1995), 126 DLR (4th) 203 (Sask CA)", "R v Latimer" is the case name, "1995" is the year of decision, "126" is the volume number, "DLR" is the Dominion Law Reports, "4th" indicates the series, "203" is the page number, and "Sask CA" is the abbreviation for the Saskatchewan Court of Appeal.
When citing a case, it is crucial to use a neutral citation whenever possible. A neutral citation is a simplified form of citation that includes only the case name in italics, followed by a comma and v to separate the names, indicating that the language of the case is English. The neutral citation is assigned by the court when a decision is rendered and allows for identification of a case independently of a printed reporter. For instance, in "Rutledge v Jimmie, 2014 BCSC 41", "Rutledge v Jimmie" is the case name, "2014" is the year of decision, "BCSC" is the court identifier, and "41" is the case number.
In certain situations, such as when citing an electronic version of a decision through a database like Quicklaw, it is necessary to include the name of the database or online source. This is done in addition to providing the neutral citation. Additionally, when citing cases from the European Court of Justice and Court of First Instance, the case registration number is given in roman numerals, followed by the case name in italics, without any punctuation between them. For instance, "Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905".
It is worth noting that different jurisdictions may have specific citation styles or standards. For instance, the standard case citation format in Australia is moving towards the comprehensive academic citation style of the Australian Guide to Legal Citation. Similarly, the standard case citation format in New Zealand adopts the Australian Guide to Legal Citation. Therefore, it is essential to consult the relevant guides and standards for the specific jurisdiction you are dealing with.
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Frequently asked questions
The case name, year of decision, volume and page number of the court reporter, and court abbreviation. For example: 'R v Latimer (1995), 126 DLR (4th) 203 (Sask CA)'.
Cite the case name (italicized) and the year of the decision, followed by the volume and page number of the court reporter, and the court. For example: 'Harper v. Virginia Board of Elections, 383 U.S. 663 (1966)'.
Refer to the official European Court Reports, which are cited as ECR. Give the names of the parties in italics, followed by the case number in brackets, the Commission Decision number, and the OJ report. For example: 'Case T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905'.
