Gavin Howe
The Bluebook provides a set of rules and guidelines for legal citation, including the formatting of case names. The convention for case names depends on the context: in court documents and legal memoranda, full case names are usually italicized or underlined, whereas in academic legal writing, they are generally not. However, case names in footnotes should be italicized when they are grammatically part of the sentence.
| Characteristics | Values |
|---|---|
| Case names in full citations | Should be in ordinary plain text except for procedural phrases like "ex rel.," which are italicized |
| Case names in footnotes | Should be italicized when they are grammatically part of the sentence |
| Case names in court documents (briefs, motions), and legal memoranda | Usually italicized or underlined |
| Case names in academic legal writing (law review articles) | Generally not underlined or italicized |
| Article title | Italicized |
| Periodical names | In large and small capitals |
| Authors' names | In ordinary type |
| Introductory signals | Should be in italics when appearing within citation sentences or clauses |
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What You'll Learn
- Case names in footnotes should be italicized when they are part of the sentence grammatically
- In court documents, full case names are usually italicized or underlined
- In academic legal writing, full case names are generally not italicized or underlined
- Case names in full citations should be in plain text, except for phrases like 'ex rel.', which are italicized
- The main body text of law review articles should be in plain text, except for case names, which are italicized
Case names in footnotes should be italicized when they are part of the sentence grammatically
The Bluebook Guide, a style guide for legal documents, recommends that case names appearing in footnotes should be italicized when they are part of the sentence grammatically. This is consistent with the general rule that the main text of a law review article will not contain citations and will use only ordinary type and italics, with most of the text in ordinary type. Case names (including the "v." and procedural phrases) and titles of articles, publications, or speeches are italicized.
For example, in the sentence "One noteworthy pre-Brown case was Shelley v. Kraemer, 334 U.S 1 (1948), which held unconstitutional state judicial enforcement of racially restrictive covenants," the case name "Shelley v. Kraemer" is italicized because it is part of the sentence grammatically. On the other hand, if the case name is not part of the sentence grammatically but is used as a citation embedded in the footnote text, then the typeface convention for citations should be followed, and the case name would not be italicized.
It is important to note that commas, semicolons, and other punctuation marks should only be italicized when they are part of the italicized material and not when they are simply elements of the sentence or citation in which they appear. Additionally, when a case name appears within an article title in a citation, the case name should be italicized if it is grammatically part of the sentence in which it appears. For example, in the citation "(In re M/V Vulcan), 553 F.2d 489 (5th Cir.) (per curiam), cert. denied, 434 U.S. 855 (1977)," the case name "In re M/V Vulcan" is italicized as it is part of the sentence grammatically.
Furthermore, according to the Bluebook Guide, large and small capitals are used for book authors and titles, while the article title is italicized. Periodical names are in large and small capitals, and authors' names are in ordinary type. Introductory signals, such as "see," should be in italics when they appear within citation sentences or clauses.
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In court documents, full case names are usually italicized or underlined
The formatting of case citations depends on several factors, including the jurisdiction, court, and type of case. In court documents (briefs, motions) and legal memoranda, full case names are typically italicized or underlined. For example, in a citation like *Roe* ex rel. *Jane Roe* v. *Wade*, the ex rel. phrase would be italicized, but the rest of the text would be in plain text.
However, it's important to note that in academic legal writing, such as a law review article, full case names are generally not underlined or italicized. Instead, they are presented in plain text. This is a stylistic choice that distinguishes academic legal writing from court documents and legal memoranda.
The Bluebook Legal Citation, a widely used guide for legal citation, provides specific guidelines for typeface conventions in different contexts. According to the Bluebook, the main body text of law review articles should be in ordinary typeface. However, case names, publication titles, speeches, or articles should be italicized. This emphasizes their importance and makes them stand out within the text.
Additionally, when case names appear in footnotes and are grammatically part of the sentence, they should be italicized for clarity and consistency. This is a standard convention followed by many legal professionals and scholars to ensure that case names are easily identifiable and distinguishable from the surrounding text.
In summary, the italicization of case names in court documents is a standard practice to highlight their significance and ensure clear identification. However, the specific formatting may vary depending on the jurisdiction and the type of document being created. It is always important to refer to the relevant style guides and authorities for the specific context in which the citation is being made.
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In academic legal writing, full case names are generally not italicized or underlined
The use of italics in legal writing varies depending on the context and specific style guidelines being followed. While italics can be used for emphasis or stylistic purposes, there are specific conventions for citing legal cases that should be followed to ensure consistency and clarity.
In academic legal writing, such as a law review article, full case names are generally not italicized or underlined. This is because academic legal writing typically follows a different set of conventions than those used in court documents or legal memoranda.
However, it is important to note that there may be exceptions or variations depending on the specific style guide or publication requirements being followed. For example, the Bluebook, a widely used legal citation guide, provides detailed instructions on how to format case citations, including the use of italics. According to the Bluebook, case names in full citations should generally be in plain text, with certain exceptions, such as procedural phrases like "ex rel.," which are italicized. Additionally, when case names appear in footnotes and are grammatically part of the sentence, they should be italicized.
Another example of an exception is when citing cases in court documents, briefs, motions, or legal memoranda. In these contexts, full case names are usually italicized or underlined to distinguish them from other text and to ensure clarity in legal proceedings. This helps to standardize legal documents and ensures that important information, such as case names, stands out to the reader.
Therefore, while full case names are generally not italicized or underlined in academic legal writing, there may be specific instances or style guides that require their use. It is always important to consult the relevant style guide or publication requirements before submitting any legal writing to ensure adherence to the appropriate conventions.
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Case names in full citations should be in plain text, except for phrases like 'ex rel.', which are italicized
When it comes to legal citation, there are specific conventions to follow regarding typeface and formatting. While the precise format of a case citation depends on factors like jurisdiction, court, and type of case, some general guidelines exist for the use of italics.
Case names in full citations should generally be in plain text. This is true regardless of whether the citation appears in court documents, briefs, motions, or legal memoranda. However, there is an exception: procedural phrases like "ex rel." within the case name should be italicized. This rule ensures that certain important phrases stand out and are easily identifiable within the citation.
Additionally, when case names appear in footnotes, they should be italicized if they are grammatically part of the sentence. This means that if the case name is used as a noun or adjective within the footnote sentence, it should be italicized. However, if the case name is simply listed or referenced but not integrated grammatically into the sentence, it remains in plain text.
It's worth noting that The Bluebook, a widely used guide for legal citation, provides comprehensive instructions on citing cases. According to The Bluebook, full case names are typically italicized or underlined in court documents but not in academic legal writing. This distinction emphasizes the importance of consulting comprehensive style guides for specific scenarios.
In summary, while case names in full citations are usually in plain text, certain phrases within them, like "ex rel.," are italicized. This convention applies across various legal citation contexts, ensuring consistency and clarity in legal writing.
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The main body text of law review articles should be in plain text, except for case names, which are italicized
The Bluebook, a style guide for legal citations, outlines specific typeface conventions for various types of text. While ordinary plain text is typically used for full case names in academic legal writing, such as law review articles, there are exceptions and variations to consider.
According to The Bluebook, the main body text of law review articles should generally be in plain text. Maintaining a consistent and clear typeface for the main text ensures readability and adheres to the conventional style for academic legal writing.
However, there is an important exception regarding case names. In the main body text of a law review article, case names should be italicized. This italicization serves as a stylistic device to distinguish case names from the surrounding text and draw attention to their unique status within the legal domain.
It is worth noting that this italicization of case names is specific to their appearance in the main body text. When case names appear in footnotes, different formatting rules may apply. Case names in footnotes should be italicized only when they are grammatically part of the sentence. This nuanced application ensures that the typeface conventions align with the grammatical structure of the text.
Additionally, while the focus is primarily on the treatment of case names, it is important to recognize that other elements may also be italicized within the main body text of law review articles. Titles of publications, speeches, or articles are typically italicized. Furthermore, introductory signals within citation sentences or clauses are italicized as well. These italicizations contribute to the overall consistency and clarity of the legal citation format.
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Frequently asked questions
No, in academic legal writing, full case names are generally not underlined or italicized.
Yes, in court documents such as briefs and motions, full case names are usually italicized or underlined.
Case names should be italicized in footnotes when they are grammatically part of the sentence.
Yes, in full citations, case names should be in plain text, except for procedural phrases like "ex rel.," which are italicized.
