Kara Sears
Case law citations are a system used by legal professionals to identify past court case decisions. Case citations are formatted differently in different jurisdictions, but they generally contain the same key information. The basic format of a case citation includes the case name, the neutral citation (where appropriate), and the law report citation. The precise format of a case citation depends on factors such as jurisdiction, court, and type of case. This paragraph will discuss the key components of a case law citation and how to write them effectively.
| Characteristics | Values |
|---|---|
| Case name | Italicized or underlined |
| Case name separator | "v" or "vs" |
| Case year | In square brackets if necessary to identify the volume |
| Court | Court name or abbreviation |
| Case number | |
| Court identifier | |
| Law report citation | Abbreviation, volume, first page |
| Jurisdiction | If not indicated by reporters |
| Judge | If needed |
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What You'll Learn
Case name and style of cause
The case name, also known as the style of cause, is a crucial component of a case citation. It refers to the title of the case, which typically involves the names of the opposing parties. For example, in "R v Latimer", "R" represents the Crown, and "v" stands for "versus". The case name is presented in italics and is followed by a comma.
It is important to note that the order of the parties' names in the case name has changed over time. Before 1984, the appellant party was always named first. However, since then, the order remains consistent, even if the case is appealed. Undisclosed parties are represented by initials, such as "R v RDS".
When citing a case name, it is essential to use the correct abbreviations and punctuation. The abbreviation "v" is used to indicate that the language of the case is English. This abbreviation is also pronounced differently depending on the context and the legal system. For example, in Commonwealth countries, "v" can be pronounced as "and", "against", "versus", or "vee".
In certain situations, additional information may be included in the case name. For instance, when a person is represented by their guardian in court, their last name is followed by the phrase "Guardian ad litem of" or "Litigation guardian of" in parentheses. This information is part of the full style of cause. Subsequent citations to the same reference may shorten the title.
The case name is a fundamental element of a case citation, providing a clear and concise representation of the opposing parties involved in the legal matter. It is essential to follow the specific guidelines and conventions associated with the style of cause to ensure accurate and consistent legal citations.
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Neutral citations
The components of a typical case citation that includes a neutral citation are: case name | [year] | court | number, | [year] OR (year) | volume | report abbreviation | first page. For example, Smith v Jones [2001] EWCA Civ 10 at [30], [2001] QB 124, [2001] 2 All ER 364. The neutral citation appears first, followed by a citation to a printed reporter, whenever one is available. This is called a parallel citation.
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Law report citation
A law report citation is a way of identifying a specific judgment from a particular court. The standard mode of citation used in common law jurisdictions is based on four elements: the year of publication in square brackets or the year of judgment in round brackets, the series abbreviation, the starting page number (for printed reports) or the case number (for online reports), and the court abbreviation in brackets at the end of the citation.
For example, the citation " [2001] 1 SCR 3" indicates that the case was decided in 2001, the report can be found in volume 1 of the Supreme Court Reports, and it begins on page 3. The citation "R v Latimer, 2001 SCC 1, [2001] 1 SCR 3" includes the additional information of the case name ("R v Latimer") and the court and year of judgment (Supreme Court of Canada, 2001).
The use of square brackets versus round brackets around the year depends on the format of the law report series. Square brackets are used when the year is necessary to identify the volume, i.e. if the volume number alone is not enough to locate the report. Round brackets are used when the volumes of the series are independently numbered, so the year is not needed to find the volume. For example, "(1996) AC 155 (HL)" indicates that the report can be found in volume AC, which is independently numbered, and the citation ends with the court abbreviation "HL" in round brackets.
Neutral citations, which are independent of any published report, are also sometimes included in law report citations. These were first introduced in 2001 and only cases from 2001 onwards will have neutral citations. A neutral citation typically includes the case name in italics, followed by a comma, and the year of judgment in square brackets. For example, "R v Chaisson, [2006], SCR, 415" is a neutral citation, with the case name in italics, the year in square brackets, the abbreviation for the Supreme Court Reports, and the starting page number.
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Jurisdiction and court
When writing case law citations, the jurisdiction and court that issued the decision are crucial components of the citation. Here's a detailed guide on how to format this information accurately:
For United States federal court decisions, you should begin with the volume number, followed by the abbreviated name of the reporter in italics. After a space, provide the page number on which the case begins. Then, in parentheses, indicate the court and year of the decision. Here's an example: 564 U.S. *___* (Supreme Court 2011). Note that the specific format may vary depending on the citation style guide you are using.
If you are citing a decision from a specialized court, such as the Tax Court or the Bankruptcy Court, ensure you provide the full name of the court. For example: 145 T.C. 220 (Tax Court 2015). This helps to differentiate it from other courts within the federal judiciary.
State court decisions follow a similar format, but the specifics may vary depending on the state. Generally, you should include the volume and abbreviated name of the regional reporter, followed by the page number. Then, in parentheses, indicate the name of the court and the year. For example: 48 Cal. App. 4th 1555 (Court of Appeal, 2nd App. Dist. 1996). Again, refer to the appropriate style guide for your jurisdiction to ensure accuracy.
In some instances, you may need to cite an unpublished opinion or a decision that has not yet been published in a reporter. In these cases, you would typically use the same structure as for published cases, but include additional information to indicate the unpublished status. This could include a database identifier or a unique citation format specific to your jurisdiction. Check the rules for your particular court or jurisdiction to ensure you are providing the correct information.
Remember, the key to writing effective case law citations for jurisdiction and court is accuracy and consistency. Adhere to the specific rules and formats outlined by the relevant authorities and style guides to ensure your citations are clear and correct. This consistency helps ensure that others can easily locate the legal sources you have referenced.
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Page or paragraph number
The page or paragraph number is an essential element of case law citations. It ensures that the relevant information can be easily located within the source. Here are some detailed guidelines for including page or paragraph numbers in your case law citations:
Page Numbers
- For citations to an authority within a larger, consecutively paginated source (such as case reporters or periodicals), provide the page number where the cited content begins. For example: "Edgewater Foundation v. Thompson, 350 F.3d 694 (7th Cir. 2003)". Here, "694" is the page number.
- When citing a specific page within a source that already includes a page number, use a comma to separate the pincite (specific page number) from the first page of the authority. For example: "Yuval Karniel & Stephen Bates, Copyright in Second Life, 20 Alb. J.L. Sci. & Tech. 433, 442 (2010)". Here, "442" is the pincite.
- If there is a risk of confusion, use "at" before the pincite. For example: "H.R. Rep. No. 105-452, at 11 (1998)".
- When citing a span of multiple pages, use either an en dash (–) or a hyphen (-) to separate the inclusive page numbers. For example: "H.R. 11-12".
- Always include the final two digits of the page number. Repetitious digits may be dropped. For example, "H.R. 11-14" can be shortened to "H.R. 11-4".
- When citing tables, charts, or other graphical materials, provide the page number and the designation given by the source. For example: "Table 1, p. 42".
- If you are citing multiple graphical materials on the same page, separate them with commas and ampersands (&). For example: "Table 1, Chart 2 & Fig. 3, p. 42".
Paragraph Numbers
- If the source is organised by paragraphs with the ¶ symbol, cite the relevant paragraph number. For example: "¶ 5".
- If the source is organised by paragraphs without the ¶ symbol, use the abbreviation "para.". For example: "para. 5".
- Do not cite by paragraph number if the source is ordinarily cited by page number.
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Frequently asked questions
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.
The basic components of a case citation are the case name, the neutral citation (where appropriate), and the law report citation. The case name should be in italics, followed by a comma, and a v to separate the names of adverse parties. The neutral citation includes the case name, year, court identifier, and case number. The law report citation includes the volume number, report abbreviation, and first page.
If a case is unreported but has a neutral citation, provide that. If an unreported case does not have a neutral citation, give the court and the date of the judgment in brackets after the case name.
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