Cecily Zamora
The use of italics when citing law cases depends on the context. In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined. However, in academic legal writing, such as a law review article, full case names are generally not underlined or italicized. The Bluebook, a widely used citation guide, provides specific instructions on how to format case citations, including the use of italics and abbreviations. For example, in the case name Seattle Times v. Univ. of Wash., the name Seattle Times is italicized as it refers to a newspaper, following the standard convention of italicizing publication titles.
| Characteristics | Values |
|---|---|
| Court documents (briefs, motions) and legal memoranda | Italicized or underlined |
| Academic legal writing (law review article) | Not underlined or italicized |
| Name of a newspaper or other periodical | Italicized |
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What You'll Learn
- In court documents, full case names are usually italicized or underlined
- In academic legal writing, full case names are generally not italicized or underlined
- The Bluebook is a widely used citation guide
- The format of a case citation depends on the jurisdiction, court, and type of case
- The name of a newspaper or periodical is italicized in the name of a court case
In court documents, full case names are usually italicized or underlined
When writing court documents such as briefs and motions, or legal memoranda, full case names are usually italicized or underlined. This is distinct from academic legal writing, such as a law review article, where full case names are generally not underlined or italicized.
The Bluebook, a widely used citation guide, provides rules and examples for citing court cases. For instance, in the case name "Seattle Times v. Univ. of Wash.", "Seattle Times" is italicized because it is the name of a newspaper, and "Univ." is an abbreviation for "University".
The Bluebook also illustrates that an initial "The" in the name of a party to a cited case can be omitted, and that abbreviations can be used for certain terms, including state names and words like "University". However, the use of italics for case names in Bluebook usage depends on context. For example, a newspaper name within a court case doesn't merit any special typographic treatment if the name is that of a publishing company rather than a publication.
Therefore, in court documents, full case names are usually italicized or underlined, but the specific format of a case citation depends on factors such as the jurisdiction, court, and type of case.
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In academic legal writing, full case names are generally not italicized or underlined
The use of italics in legal writing can be tricky, and it depends on the context. In academic legal writing, such as a law review article, full case names are generally not italicized or underlined. This means that if you are writing an academic paper or article on a legal topic, you would not italicize the names of the cases you are discussing or citing.
However, there are exceptions and different rules for other types of legal writing. For example, in court documents (briefs, motions) and legal memoranda, it is common to italicize or underline the full case name. So, if you are preparing a document to be submitted to a court, you would follow this convention.
The Bluebook, a widely used citation guide, provides guidance on citing court cases and when to use italics. For example, it notes that the name of a newspaper or other periodical within a court case should be italicized, just like the name of any other entity. So, in the case name "Seattle Times v. Univ. of Wash.," the name "Seattle Times" would be italicized.
It's important to note that the precise format of a case citation can also depend on various factors, including the jurisdiction, court, and type of case. So, while full case names are typically not italicized in academic legal writing, there may be specific situations where italics are appropriate, depending on the style guide or publication guidelines being followed.
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The Bluebook is a widely used citation guide
The Bluebook provides rules and instructions on how to format case citations, including the precise format, which depends on factors such as jurisdiction, court, and type of case. For example, in court documents, full case names are usually italicized or underlined, while in academic legal writing, they are generally not. The Bluebook also prescribes which reporter is the preferred one to cite when a case is published in a reporter, a publication containing the opinions of a particular court or jurisdiction.
Additionally, The Bluebook offers guidance on citing briefs, court filings, and transcripts, as well as specific rules for abbreviations and typeface and punctuation conventions for different source types. It recommends abbreviating procedural phrases whenever possible without losing necessary information. For instance, "In re" or "Ex parte" are commonly abbreviated.
The Bluebook also provides a six-step process for creating a citation, including checking the Quick Guides and index for rules specific to different source types. While it is a popular guide, there are other citation formats available, and it is important to use one's best judgment and be consistent. The main goal of all citation systems is to make it easy for the reader to find the source being cited.
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The format of a case citation depends on the jurisdiction, court, and type of case
The format of a case citation adheres to specific guidelines that depend on the jurisdiction, court, and type of case. Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported.
In the United States, the standard case citation format is: Roe v. Wade, 410 U.S. 113 (1973). Here, "Roe v. Wade" is the abbreviated name of the case, with "Roe" being the surname of the plaintiff and "Wade" being the surname of the defendant.
In Australia, courts and tribunals have adopted a neutral citation standard for case law, providing a naming system that is not dependent on the publication of the case in a law report. For example, the Mabo case would be cited as: Mabo v Queensland (No 2) [1992] HCA 23.
In Canada, there are multiple citation standards, with many legal publishing companies and schools having their own formats. Some courts, such as those in Saskatchewan, have produced their own bilingual citation guides.
The precise format of a case citation also varies depending on the type of document in which it appears. In court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined. In contrast, academic legal writing (e.g., a law review article) generally does not use italics or underlines for full case names.
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The name of a newspaper or periodical is italicized in the name of a court case
When it comes to legal citation, the general rule is that the precise format depends on several factors, including the jurisdiction, court, and type of case. While The Bluebook, a widely used citation guide, recommends using italics for case names in certain contexts, the specific usage can vary.
In court documents such as briefs and motions, as well as legal memoranda, it is common to see full case names italicized or underlined. However, in academic legal writing, such as law review articles, full case names are typically presented in plain text without italics or underlines.
Now, specifically regarding your inquiry, "The name of a newspaper or periodical is italicized in the name of a court case," the Chicago Manual of Style (CMS) and The Bluebook offer guidance. According to CMS, the name of a newspaper or periodical within a court case should indeed be italicized, just like the name of any other entity. For example, in the case name "Seattle Times v. Univ. of Wash.," the "Seattle Times" would be italicized as a newspaper name.
However, The Bluebook's take on this is a little different. In its usage, whether to italicize case names depends on the context. In the example "Seattle Times v. Univ. of Wash.," the name "Seattle Times" may not be italicized because, in this context, it likely refers to a publishing company rather than the publication itself. Publications typically don't argue cases; their publishers do.
Additionally, when cases are part of citation clauses in footnotes, they generally should not be italicized, according to The Bluebook. However, there are exceptions. Case names in footnotes should be italicized when they are grammatically part of the sentence.
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Frequently asked questions
Yes, in court documents (briefs, motions) and legal memoranda, a full case name is usually italicized or underlined.
No, in academic legal writing (i.e. a law review article), full case names are generally not underlined or italicized.
Yes, the name of a newspaper or other periodical would be italicized in the name of a court case, just like the name of any other entity.
The Bluebook is a widely used citation guide that provides rules for citing court cases and includes instructions on how to format case citations.
The use of italics for case names in the Bluebook depends on context. For example, a newspaper name within the name of a court case doesn't merit any special typographic treatment.
