Anaya Nolan
When writing a family law case name, it is important to follow the correct format and style to ensure clarity and consistency. The specific format may vary depending on the jurisdiction and the type of case, but there are some general guidelines that can be followed. In most cases, the case name will include the names of the parties involved, separated by a v or vs, indicating the opposing sides of the case. The full name of an individual or organization should be used, although abbreviations and omissions can be made in certain situations. Additionally, the case name should be followed by the year and other relevant information, such as the court and decision details. While there may not be a correct way to write a court case name, consistency and adherence to established guidelines, such as those provided in The Bluebook, are important for maintaining clear and accurate legal documentation.
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What You'll Learn
Individual person
When writing a family law case name, there are a few conventions to follow, particularly when it comes to naming individuals. Here are some guidelines for how to write the name of an individual person in a family law case:
- Use the individual's last name only: When citing the name of an individual person in a family law case, it is standard to use only their last name, omitting any first names, middle names, initials, job titles, or descriptive terms. For example, if the individual's name is "John Doe," the case name would simply be "Doe." This format is typically used in law review footnotes.
- Capitalise the last name: The individual's last name should be capitalised. For example, "Doe" would be written as "Doe" rather than "doe."
- Use initials for minors or to protect identity: In some instances, especially in criminal and family law cases involving minors or when protecting the identity of individuals, only the initials of the person's name are used instead of their full name. For example, "John Doe" may be referred to as "J.D."
- Separate multiple parties with "v": When there are multiple parties involved in the case, separate their names with the abbreviation "v," which stands for the Latin word "versus" and means "against." For example, in a case involving John Doe and Jane Smith, the case name would be formatted as "Doe v. Smith."
- Pronunciation of "v": It is worth noting that the pronunciation of "v" can vary depending on the context and the country. In civil cases, "v" is typically pronounced as "and", while in criminal cases, it is pronounced as "against."
- Full name in textual sentences: While case citations typically use only the last name, when writing out the name of an individual in a textual sentence within a legal document, it is standard to write out their full name. For example, "The defendant, John Doe, argued that..."
- Include AKA (also known as): If the individual has multiple names or aliases, include each name or alias separated by "AKA" (also known as). For example, "John Ruiz AKA Johnny Ruiz AKA John Anthony Ruiz."
By following these guidelines, you can ensure that you correctly format the name of an individual person when writing a family law case name.
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Company/organisation
When writing a family law case name involving a company or organisation, there are a few key considerations to keep in mind. Firstly, it is essential to use the entire business name while omitting any alternate names or trade names. For example, it would be correct to write "Wis. Packing Co. v. Ind. Refrigerator Lines, Inc." rather than "Wisconsin Packing Co., Inc. d/b/a Packing Co. v. Indiana Refrigerator Lines, Inc.". Abbreviate and/or omit words where possible to keep the name concise.
It is worth noting that the naming conventions may vary depending on the jurisdiction and specific court guidelines. For instance, Australian courts have adopted a neutral citation standard, which provides a naming system that is independent of the publication of the case in a law report. In contrast, American lawyers often refer to "The Bluebook: A Uniform System of Citation" for guidance on writing case names.
When referring to a company or organisation in a family law case name, capitalise the name and use a lowercase 'v' without a full stop to separate the parties. For example, "Commonwealth v Tasmania" or "Mabo v Queensland". Additionally, follow any stylistic guidelines provided by the court or legal system in which the case is being heard.
In some instances, the case name may include terms like 'Re' and 'Ex parte'. 'Re' indicates that the court is acting in a specific capacity, such as in an advisory role, while 'Ex parte' signifies that one party has brought an application before the court without notifying the other party. These terms should be written in sentence case and italicised.
Finally, when writing a family law case name involving a company or organisation, be sure to include any necessary identifiers, such as "Inc." or "Pty Ltd", to indicate the legal status of the entity. Additionally, if the company operates under a different name, you may need to include a "doing business as" (DBA) statement to clarify the official name of the entity being sued. This is particularly important when filling out legal forms and ensuring that the correct entity is identified.
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Multiple parties
When writing a family law case name involving multiple parties, there are a few important guidelines to follow. Firstly, it is crucial to capitalise the names of the parties involved while using a lowercase 'v' between the party names. The basic format for a case name is "Party v Party", and it should be written in italics. For example, in the case name "Fry v. Mayor of Sierra Vista", only the first party on each side is cited, and words indicating multiple parties are omitted. It is important to note that you should not omit portions of a partnership name. This format differs from a single individual, where only the last name is used, omitting any job title or descriptive terms, for example, "Burns v. McMillen".
Additionally, when dealing with geographical names, there are specific rules to follow. You can omit "State/Commonwealth/People of" unless you are citing decisions from the courts of that state. For instance, "Mayor of New York v. Clinton" is written as "Mayor of the City of New York v. Clinton". It is also important to note that when referring to the "United States", you should spell it out instead of abbreviating it to "U.S." unless it is part of a widely known acronym.
In civil case titles, the 'v' is pronounced 'and', whereas in criminal case titles, it is pronounced 'against'. When listing multiple defendants in a criminal case, separate their names with a comma. For example, "Nduta v. Minister for Immigration & Border Protection".
Furthermore, the words used to identify the plaintiff and defendant can influence the reader's perception. Using uniform naming conventions for both parties may inadvertently put them on equal footing. Instead, consider using specific terms that align with your client's needs and tilt the scales in their favour.
Lastly, when citing cases in legal documents, it is essential to follow the Bluebook guidelines for parallel citations, volume and page numbers, and the appropriate use of acronyms and abbreviations.
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Two case names
When writing a family law case name, there are a few standard formats to follow. The Bluebook: A Uniform System of Citation is a widely accepted reference for lawyers in the United States when writing case names. Here are some guidelines for writing two case names:
When there are two case names, use the first case name listed in a consolidated case.
Example: Shelley v. Kraemer, McGhee v. Sipes
The correct way to write this case name would be: Shelley v. Kraemer
Individual Person vs. Organization
When an individual person is involved, use only their last name, omitting any job title or descriptive terms.
Example: Burns v. Wisconsin Packing Co.
Correct: Burns v. Wis. Packing Co.
Geographical Names
Omit "State/Commonwealth/People of" unless citing decisions from courts of that state. Only retain "State/Commonwealth/People" for state court decisions.
Example: Blystone v. Commonwealth of Pennsylvania
Correct: Blystone v. Pennsylvania
Multiple Parties
Cite only the first party on each side and omit words indicating multiple parties. Do not omit portions of a partnership name.
Example: Fry v. Mayor & City Counsel of Sierra Vista
Correct: Fry v. Mayor of Sierra Vista
Volume and Page Numbers
Volume numbers should be cited using Arabic numerals (1, 2, 3) even if they appear as Roman numerals (XXV) in the original source. Page numbers can be cited as either Arabic or Roman numerals, depending on the original source.
Example: Katz v. United States, 369 F.2d 130 (9th Cir. 1966)
Correct: Katz v. United States, 369 F.2d 130 (9th Cir. 1966), rev'd, 389 U.S. 347 (1967)
These guidelines provide a general framework for writing family law case names with two parties involved. It's important to note that there may be specific variations and preferences within different jurisdictions and publications.
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Geographical names
When writing family law case names, there are specific guidelines for including geographical names. Here are some key instructions to follow:
Omit "State/Commonwealth/People of"
When citing decisions from courts of a specific state, it is generally recommended to omit the words "State", "Commonwealth", and "People of". For example, instead of "Illinois v. Wardlow", the preferred format is "People v. Haynes". However, when citing decisions from courts within the same state, only "State", "Commonwealth", or "People" should be retained, as in "People v. Haynes, 501 Mich. 863 (2017)".
Keep Geographical Designations
Geographical designations that are not introduced by a preposition should be retained. For instance, "Oliver v. Michigan Department of Corrections" or "Miller v. Illinois Department of Motor Vehicles". This provides clarity and specificity to the case name.
Omit Geographical Designations Following a Comma
When a geographical designation follows a comma in the case name, it is generally omitted. For example, "Mayor of Chicago v. Smith" instead of "Mayor of Chicago, Ill. v. Smith". Similarly, "Brown v. Mayor of Waukegan" is preferred over "Brown v. Mayor of Waukegan, Ill.".
Abbreviate Geographical Terms
It is common to abbreviate geographical terms in case names. For example, using "Va." for Virginia or "Fla." for Florida. These abbreviations can be found in standard reference sources, such as The Bluebook's Table 10.
Use Common Geographical Names
It is advisable to use the common geographical name and omit references to the Crown, Her Majesty the Queen, or similar designations. For example, use "R v Seifi" instead of "Between Her Majesty the Queen and Ex-Private S. Seifi, Accused". This simplifies the case name and maintains consistency.
By following these guidelines, you can effectively incorporate geographical names into family law case names, ensuring clarity, consistency, and adherence to standard citation practices.
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Frequently asked questions
The standard format for writing a family law case name is [Party 1 Surname] v. [Party 2 Surname], e.g. Burns v. McMillen.
When writing a family law case name, it is important to:
- Only use the last name of individuals, omitting any job titles or descriptive terms.
- Use the full name of a company or organization, abbreviating or omitting words where possible.
- Only cite the first party on each side and omit words indicating multiple parties.
- Include the year and court information in brackets after the case name, e.g. [year] NZCA [court].
- Use "v." for English case names and "c" for French case names.
Yes, there are a few exceptions and special cases to consider when writing a family law case name:
- For geographical names, omit "State/Commonwealth/People of" unless citing decisions from courts of that state.
- Omit prepositional phrases of location unless they are part of a party's full name or their omission would leave only one word in the party's name.
- If there is a popular name for the decision, it can be added after the case name.
