Keith Mack
Case law refers to the legal principles that are derived from judicial decisions in individual cases. When citing a case, the party names, reporter name, volume number, page number, and decision year are typically included. For instance, Brown v. Board of Education, 347 U.S. 483 (1954). The debate surrounding case law concerns its presentation as one word (caselaw), two separate words (case law), or a hyphenated version (case-law). While some sources, like Merriam-Webster, opt for the two-word version, others, such as Garner's Dictionary of Legal Usage and Black's Law Dictionary, prefer the closed form, caselaw.
| Characteristics | Values |
|---|---|
| Number of words | Two or one, depending on the source |
| Examples | "Case law says that a person has a right to privacy." |
| Case citation format | Party names, name of the reporter, volume number, page number, and year |
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Case law is two words in Merriam-Webster's dictionary
The use of "case law" or "caselaw" has been a topic of debate. While some sources, like Garner's Dictionary of Legal Usage and Black's Law Dictionary, prefer to use the term "caselaw" as a single word, others, such as Merriam-Webster's dictionary, opt for the two-word version, "case law". This variation in spelling reflects a broader discussion on legal terminology and style preferences.
The term "case law" refers to law based on decisions made by judges in previous cases. It represents the legal principles derived from judicial rulings in specific areas of law, applied to the unique facts of individual cases. Case law is dynamic and evolves over time as new judicial decisions are made, shaping and refining the understanding of the law.
The usage of "case law" or "caselaw" has sparked strong opinions within the legal community. Some individuals, including lawyers, have expressed their preference for one spelling over the other. This preference may be influenced by factors such as consistency with other legal terms or adherence to specific style guides.
Merriam-Webster's dictionary, a respected and widely-used reference source, has chosen to present "case law" as two separate words in its dictionary entries. This decision aligns with the dictionary's established style and formatting guidelines for compound words. By presenting it as two words, Merriam-Webster provides clarity and consistency for its users, ensuring that the term is easily accessible and recognisable to legal professionals, students, and laypeople alike.
While the debate between "case law" and "caselaw" may continue, the choice of spelling ultimately depends on the context, the audience, and the preferences of the writer or organisation. As language evolves, it is essential to consider the conventions and standards set by reputable sources, such as Merriam-Webster, to maintain effective communication and understanding, especially in the precise field of law.
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'Caselaw' is listed as one word in Garner's Dictionary of Legal Usage
When discussing the legal principles enunciated and embodied in judicial decisions, there is a question of whether to use "caselaw" or "case law". The answer depends on whom you ask, and people tend to have strong opinions on the matter.
The two-syllable noun "caselaw" is listed as one word in Garner's Dictionary of Legal Usage and Black's Law Dictionary. This is in line with the common evolution of two-syllable noun phrases from separate words to hyphenated words and, eventually, to solidified words. For example, the word "today" was initially written as two separate words ("to day"), then became hyphenated ("to-day"), and is now written as one solid word.
However, other dictionaries, such as Merriam-Webster, spell it as two separate words, "case law". This variation in spelling reflects the dynamic nature of language and the ongoing evolution of legal terminology.
The use of "caselaw" as one word has sparked debates, with some, like the Solicitor General's style manual, calling for the "total extirpation" of the term, while others, like Black's Law Dictionary, defend its usage. Ultimately, the preference for "caselaw" or "case law" may depend on the specific style guide or dictionary followed by legal professionals and organisations.
In conclusion, while there may be differing opinions on the spelling of "caselaw" or "case law", the decision to list it as one word in Garner's Dictionary of Legal Usage acknowledges the natural evolution of language and the preference for solidifying two-syllable noun phrases.
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Black's Law Dictionary also lists 'caselaw' as one word
The use of "case law" as one word or two is a matter of debate. While some sources, like Merriam-Webster, prefer "case law," others, like Black's Law Dictionary, list "caselaw" as one word.
Black's Law Dictionary is a widely cited and respected legal dictionary in the United States. The dictionary was first published in 1891 by Henry Campbell Black, with the full title "A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems."
The current edition of Black's Law Dictionary is the twelfth, published in 2024, and it contains over 65,000 legal terms, each clearly and precisely defined in plain English. The dictionary is known for providing a first and last word on the language of the law and is a trusted source for legal research.
In the context of "caselaw," the dictionary lists it as one word, going against the traditional separation of "case" and "law." This decision aligns with the editorial choice made in Garner's Dictionary of Legal Usage, which also opts for the solidification of two-syllable noun phrases into single words, as seen in the example of "today," which evolved from "to day" to "to-day" and eventually to "today."
While the use of "caselaw" as one word may be preferred by Black's Law Dictionary and Garner's Dictionary of Legal Usage, it is essential to consider varying style guides and dictionaries. The Chicago Manual of Style, for instance, expresses flexibility in accepting solidifications of words like "caselaw" while adhering to Webster's spellings in general. Ultimately, the preference for "case law" or "caselaw" may depend on the specific style guide or dictionary being followed.
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The Solicitor General's Style Guide calls for the extirpation of caselaw
The debate around the use of "caselaw" versus "case law" has sparked strong opinions among legal professionals, with the discussion extending to Twitter. The controversy was fuelled by the Solicitor General's Style Guide, which called for the "total extirpation" of the term "caselaw", deeming it a "barbarism".
The Style Guide, authored by Jack Metzler, offers insights into the citation and style preferences of the Solicitor General, the only U.S. government official required by federal law to be "learned in the law". It provides guidance on punctuation, citation, capitalization, and italicization, diverging from traditional resources like the Bluebook. The second edition, released in October 2015, sparked particular interest due to its stance on certain writing conventions.
The Guide's preference for "case law" over "caselaw" referenced a memorandum from Reagan-era Solicitor General Charles Fried, who initially described the term "caselaw" as a "barbarism" that warranted eradication. This position was supported by Supreme Court Justice Scalia and legal writing expert Bryan Garner, who endorsed the Solicitor General's writing style.
However, the stance on "caselaw" contradicted respected sources like Black's Law Dictionary, which lists "caselaw" as a valid term. While some legal professionals embraced the Guide's recommendations, others, like Joe Fore, co-director of UVA Law's legal writing program, expressed their disagreement on Twitter, igniting a spirited debate within the legal community.
The discussion around "caselaw" versus "case law" highlights the dynamic nature of language and the strong feelings that can arise around specific terms, especially in the precise and traditional field of law. While some prefer the solidification of "caselaw" into one word, others staunchly defend the separation or hyphenation of "case law".
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Case citations typically have five parts
For example, in the citation "R v Dudley and Stephens", the "R" stands for "rex" or "regina", indicating that the state is a party to the case. The "v" separates the names of the parties involved in the case. The year is included in round brackets, as it is not essential but is provided for information purposes.
In some jurisdictions, square brackets are used to indicate the publication year, which may be different from the year the case was decided. For example, a case decided in December 2001 may have been reported in 2002. The Internet has also led to the adoption of a medium-neutral citation system, where pinpoint references are made to paragraph numbers instead of page numbers.
Additionally, different countries may have their own citation styles. For example, officially published cases in Germany may be cited as "BGE 133 II 292 [E. 3.2 S. 296]", where "133" is the annual issue, "II" indicates the division of the court, and "292" is the starting page number. The optional "[E. 3.2 S. 296]" provides the specific section and page number.
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Frequently asked questions
It depends on who you ask. Some sources write it as 'case law', while others use 'caselaw'.
Case law refers to the legal principles embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.
An example of case law is the Regents of the University of California v. Bakke decision in 1978, which banned racial quotas in college admissions but allowed race to be considered in meeting diversity goals.
Case law refers to the laws established by judicial decisions in specific cases, while common law is a body of law based on custom and judicial decisions that has been developed over centuries and is used in countries such as the United States and the United Kingdom.
A case citation typically includes the party names, the name of the reporter, the volume number of the reporter, the page number, and the year the case was decided.
