Cecily Zamora
When citing case laws, it's important to understand the different citation styles and standards used in various countries and jurisdictions. Case citations typically include the names of the parties involved, the year of judgment, the court, and a unique case number. In the United States, The Bluebook is the standard citation guide for lawyers, while countries like Canada, Australia, and the United Kingdom have their own specific citation formats and guidelines. Additionally, the concept of binding and persuasive case laws plays a role in how cases are referenced and applied across different jurisdictions.
| Characteristics | Values |
|---|---|
| Purpose | To provide a clear and consistent way to reference and identify case laws |
| Components | Case name, year of judgment, court, and case number |
| Examples | Rottman v MPC [2002] UKHL 20; Mabo v Queensland (No 2) [1992] HCA 23 |
| Variations | Different countries and courts may use slightly different formats; for instance, the UK uses OSCOLA, while Australia has adopted a neutral citation standard and Canada has multiple standards |
| Considerations | When citing case laws, it is important to consider the relevance and applicability of the case to the current situation or jurisdiction |
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What You'll Learn
Neutral citations
A typical neutral citation is composed of the following three elements: the year, an abbreviation for the court, and the number of the case, followed by any reference to a particular paragraph in square brackets. For example, Smith v Jones [2001] EWCA Civ 10 at [30]. If a judgment is cited more than once in a later judgment, it is preferable to use only one abbreviation.
Other countries, such as Australia, have also adopted a neutral citation standard for case law. In Australia, most cases are now published on AustLII using neutral citations. Similarly, the Council of the European Union introduced the European Case Law Identifier, a "neutral" citation system in 2011, which Germany participates in.
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Binding and persuasive laws
When citing case laws, "App" is an abbreviation for "Appeals Cases". For example, in the case citation "Rottman v MPC [2002] UKHL 20, [2002] 2 AC 692", the "AC" stands for Appeals Cases.
In law, the terms "binding" and "persuasive" are used to describe different types of authority or precedent. A binding authority is a previous decision by a higher court that a lower court is required to follow. On the other hand, persuasive authority is a previous decision that can be used as a reference or guide, but is not mandatory for the court to follow.
For example, in the US, state courts are typically bound by the decisions of their own state's higher courts. So, a California trial court must follow the opinions of the California Supreme Court. However, the California court is not bound by the decisions of another state's courts, such as Arizona. In this case, the California court may treat the decisions of the Arizona court as persuasive authority, which can be cited as relevant but not binding.
Similarly, in the federal court system, decisions of the state supreme court on substantive issues of state law would be binding, even when heard in a federal court. In this instance, the decisions of the state court of appeals may also be treated as persuasive authority.
In some cases, persuasive authority can be used as a tool to find binding cases. For example, if a lawyer is working on a case in the 9th Circuit, they can use a relevant 5th Circuit case to find 9th Circuit authority through specific searching techniques.
The concept of binding and persuasive authority is important in legal research and citation, as it helps lawyers and judges navigate the vast body of case law and determine which decisions are relevant and applicable to a particular situation.
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Court identifier codes
In the United Kingdom, for instance, the court identifier codes are structured to include the abbreviation for the relevant court, followed by an indication of the court or division, and finally, the case number. For example, "EWCA Crim" represents the Court of Appeal Criminal Division, with "Crim" specifying the division. This standardisation aids in distinguishing between cases with similar names or across different courts.
Australia has also adopted a neutral citation standard, where cases are cited using a naming system independent of their publication in law reports. The Australian approach includes unique court identifier codes for most courts and tribunals, such as "HCA" for the High Court of Australia. This system simplifies case identification and enables consistent referencing across the country.
In the United States, the Bluebook serves as the primary citation guide for lawyers. While the focus is on domestic case law, there is recognition of persuasive authority from other jurisdictions, including Canada and England, particularly when based on English common law. However, foreign law rarely serves as persuasive authority in the U.S. legal system.
Similarly, Canada has multiple citation standards, with legal publishing companies and schools maintaining their own formats. Notably, the courts in Saskatchewan have produced a bilingual citation guide applicable to all three Saskatchewan courts. This guide contributes to a unified approach to case citation within the province.
In Europe, the European Case Law Identifier (ECLI) has been introduced as a neutral citation system by the Council of the European Union. Germany is a participant in this system, and its Federal Constitutional Court uses the abbreviation "BVerfGE" for its official collection of important cases. The ECLI provides a standardised method for citing European case law, enhancing accessibility and uniformity.
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Law report series
A Law Report Series is a collection of judgments compiled and published on a periodic basis. The most important cases from each year, as determined by the publisher, are included for publication. Law report series can be generalist or subject-specific.
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting. They have been published since 1865 and are split into several different series. The current series are the Appeal Cases (AC), Chancery (Ch), Family (Fam), and Queen's Bench (QB) (or King's Bench (KB) depending on the monarch of the time). These four series are cited in preference to all others in court. The Appeal Cases cover decisions of the House of Lords (and, since 2009, the Supreme Court), the Privy Council, and the Court of Appeal. The Chancery Division covers decisions of the Chancery Division of the High Court. The Family Division covers decisions of the Family Division of the High Court. The Queen's Bench covers the decisions of the King's Bench Division (named the Queen's Bench Division during the reigns of Victoria and Elizabeth II) of the High Court.
The number and names of the series have changed over time due to the merger of existing courts, the merger of existing divisions of individual courts, and the creation of new divisions of individual courts. The Law Reports were originally divided into eleven series, which was reduced to six in 1875 due to the creation of the High Court and a decision by the publishers to put the House of Lords, the Privy Council, and the new Court of Appeal in the same volume. In 1881, the number of series was further reduced to four.
In addition to the main series, there are also authorized report series for specific courts and jurisdictions. For example, there are authorized report series for the High Court of Australia (HCA), the Federal Court of Australia (FCA), the Administrative Appeals Tribunal (AAT), and the Australian Industrial Relations Commission, Fair Work Australia, and Fair Work Commission. Similarly, in Australia, there are authorized report series for the Supreme Court of each state and territory, such as the Supreme Court of New South Wales, the Supreme Court of Queensland, and the Supreme Court of Western Australia.
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Academic sources
One commonly used citation style in academic legal writing is the Oxford Standard for Citation of Legal Authorities (OSCOLA). OSCOLA provides a detailed and standardised set of rules for citing legal sources, including case laws. It is widely used in academic journals and law reviews, as well as by many universities and legal professionals.
When citing a case law using OSCOLA, the basic structure includes the name of the case, the court, the year of the decision, and the specific identifier of the report series. For example, the citation for the case of "Donoghue v Stevenson" in the UK would be: "Donoghue v Stevenson [1932] AC 562". In this citation, "AC" refers to the Appeal Cases series, which is one of the Law Reports series.
In some jurisdictions, neutral citations are becoming increasingly popular. A neutral citation identifies a judgment based on the parties involved, the year of the decision, the court, and a unique case number. For example, the neutral citation for the "Rottman v MPC" case would be: "Rottman v MPC [2002] UKHL 20". Here, "UKHL" stands for the UK House of Lords, and "20" is the unique case number.
It is important to note that citation styles may vary depending on the country or region. For example, in Australia, the Australian Guide to Legal Citation (AGLC) is widely used, while in Canada, there are multiple citation standards, including court-specific guides and the Canadian Guide to Uniform Legal Citation. In Europe, the European Case Law Identifier (ECLI) system has been adopted by several countries, including Germany.
When citing case laws in academic sources, it is crucial to consult the specific guidelines or style guides required by your institution or publication. These guides ensure consistency and compliance with the appropriate citation style, enabling clear communication and understanding of the legal references in your work.
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Frequently asked questions
APP stands for "Answer Precedent Purpose".
A neutral citation is a naming system that does not depend on the publication of the case in a law report. It consists of the year, the court abbreviation, and the case number.
Binding laws are those that are clearly established by the current authority within the same jurisdiction. Persuasive laws are laws that other jurisdictions employ.
