Gavin Howe
Case titles in law are a unique language, with their own set of rules and terminology. The title of a case is important as it provides a significant amount of information. For example, the case title 'Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1' tells us the two sides of the case, the year it was reported, and where it was reported. There are a number of rules to follow when reading a case title, including never saying 'versus' and always saying ''and' in civil cases and 'against' in criminal cases. Case titles are also subject to specific citation rules, such as the Oxford University Standard for Citation of Legal Authorities (OSCOLA). This breaks the case title down into its constituent parts, including the law report, which is the official record of the case.
| Characteristics | Values |
|---|---|
| Case citation format | Party names, name of the reporter in which the case is found, volume number of the reporter, page in the reporter where the case starts, and the year the case was decided |
| How to read case titles | In civil cases, say "and"; in criminal cases, say "against". For example, "Smith v Jones" is read as "Smith and Jones", and "R v Smith" is read as "the Crown against Smith" |
| Neutral citation | Independent of a specific report. The letters refer to a court, and the number refers to the case number of that year. For example, "UKSC" stands for United Kingdom Supreme Court |
| 'Re' | "In the matter of". Used in non-adversarial cases, when the court acts in a particular way, such as in an advisory capacity |
| 'Ex parte' | An application brought before the court by one party without the other party being notified, such as when one party applies for an injunction |
| Pronouncing numbers | Read out numbers as a whole number, not digit by digit. For example, say "one hundred" instead of "one, zero, zero" |
| Case name format | Capitalise the names of the parties but use a lower-case 'v' between the party names. Case names have the basic form: Party v Party. Write the name in italics when mentioned briefly in general content |
| Abbreviations | Most citations use only family names. Corporation names are usually given in full, although abbreviations are acceptable |
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What You'll Learn
Case titles are read differently in civil and criminal cases
Case titles are an important part of legal terminology. They provide essential information about the case, such as the names of the involved parties, the year, and the law report where the case was documented. However, the way case titles are read differs between civil and criminal cases.
In civil cases, the 'v' in the case title is pronounced as "and". For example, the case title "Williams v Roffey" would be read as "Williams and Roffey". This is a fundamental rule in law, and deviating from it may result in corrections from legal professionals. It is worth noting that civil cases usually involve disputes between organisations or individuals, with the plaintiff being the party that files a complaint with the court.
On the other hand, in criminal cases, the 'v' is read as "against". So, a case title like "Bostick v. State" indicates that Bostick appealed against the state of Florida. This distinction is crucial as criminal cases in the United States are always initiated by the government, with the first name in the title referring to the party that brought the action.
Another important aspect of case titles is the use of "Re", which is a Latin phrase meaning "in the matter of". "Re" is used in non-adversarial cases, where there is no direct opposition between parties. In such cases, instead of saying "Re", you would say "in the matter of". For instance, "Re Selectmove Ltd [1993] EWCA Civ 8" would be read as "In the matter of Selectmove Ltd, neutral citation, 1993, England and Wales Court of Appeal Civil Division number 8".
Additionally, when reading out numbers within case titles, such as the issue number, page number, or case number, it is important to read them as whole numbers rather than digit by digit. For example, "one hundred" instead of "one, zero, zero". This rule contributes to the clear and consistent citation of legal authorities.
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The Oxford University Standard for Citation of Legal Authorities (OSCOLA)
The Oxford University Standard for Citation of Legal Authorities, commonly known as OSCOLA, is a widely used referencing style for law schools and publishers. It provides a standardised way of citing legal sources, ensuring consistency and accuracy in legal writing. OSCOLA is particularly useful when it comes to citing case law, helping legal professionals and students correctly reference court decisions and legal authorities.
When it comes to understanding case titles, there are a few rules to keep in mind. Firstly, it is important to distinguish between civil and criminal cases. In civil cases, the 'v' is read as "and", while in criminal cases, it is read as "against". For example, in the case title "Williams v Roffey", it should be read as "Williams and Roffey" for a civil case and "Williams against Roffey" for a criminal case. This is an important distinction to make, as it clarifies the nature of the legal dispute.
The second rule is to understand the OSCOLA way of breaking down the case title into its different parts. A case citation typically includes party names, the name of the reporter, the volume number, the page number, and the year the case was decided. For example, in "Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1", "Williams" and "Roffey Bros & Nicholls (Contractors) Ltd" are the party names, "QB" is the reporter abbreviation, "1" is the volume number and the page number, and "1991" is the year.
The third rule is to identify the law report, which is the official record of the case. Law reports are important as they provide the context and details of the case, including the court that heard it and the date it was decided. This information is crucial for understanding the precedent set by the case and its applicability to future legal matters.
Another important aspect of OSCOLA is the use of neutral citations. Neutral citations are independent of specific reports and focus on providing standardised information about the case. In a neutral citation, the letters refer to the court, and the number indicates the case number for that particular court in that year. For example, in "Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24", "UKSC" stands for the United Kingdom Supreme Court, and "24" indicates that this was the 24th case heard by that court in 2018.
In addition to these rules, there are other guidelines provided by OSCOLA that ensure consistent and clear referencing. These include the use of italics, punctuation, and brackets, as well as specific formatting for different types of sources such as interviews, personal communications, and newspaper articles. OSCOLA also provides guidance on how to treat case notes with titles, when to use abbreviations, and how to structure the bibliography.
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How to cite a law report
The title of a case includes the names of the opposing parties, separated by 'v' (from the Latin 'versus', meaning 'against'). In civil cases, 'v' is pronounced as 'and', while in criminal cases, it is pronounced as 'against'. For example, 'Williams v Roffey' is read as 'Williams and Roffey'. The title also includes the year and where the case was reported.
- When citing a case, it is important to follow the Oxford University Standard for Citation of Legal Authorities (OSCOLA) way of citing a case.
- The names of the parties should be capitalised, with a lowercase 'v' and no full stop after it. For example, 'Party v Party'.
- Write the name of the case in italics, using title case (maximal capitalisation).
- On first mention, follow the case name with the abbreviated title in parentheses. For example, 'Commonwealth v Tasmania (Commonwealth v Tas)'.
- When reading out numbers (issue, page, or case), read them out as a whole number, not digit by digit. For example, 'one hundred' instead of 'one, zero, zero'.
- When citing federal laws in APA style, include the name of the law, 'U.S.C.' (United States Code), the title, section, and year. Optionally, you can include the URL.
- A law that has not been codified should be cited using its public law number and information about where it was published.
- The Bluebook contains rules that prescribe how to cite a variety of legal documents, including the U.S. Constitution and state constitutions.
- When citing an opinion of an Advocate General, add the words 'Opinion of AG [name]' after the case citation and before any pinpoint.
- Use square brackets around the year in your citation when the year is necessary to identify the volume. Use round brackets when the volumes of the law report series are independently numbered.
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Rules for reading out numbers
When reading out numbers in a case title, there are several rules and conventions to follow. Firstly, it is important to understand the different parts of a case citation, which typically includes party names, the name of the reporter, volume number, page number, and the year the case was decided. The party names and the year may sometimes be omitted.
When reading out numbers, whether they refer to the issue, page, or case number, they must be read out as whole numbers, not digit by digit. For example, one hundred should be read as "one hundred" rather than "one, zero, zero". This may feel clunky at first, but with practice, it will become more comfortable.
In legal citations, the numbers before the title refer to the specific volume in a set of reports, while the numbers following the title indicate the starting page of the report. For example, in the citation "Bostick v. State, 554 So.2d 1153 (Fla. 1989)", the case can be found in volume 554, starting on page 1153, and the Florida Supreme Court decided the case in 1989.
Additionally, the abbreviation "v" in case titles is read differently depending on the context. In civil cases, it is read as "and", while in criminal cases, it is read as "against". For example, "Smith v Jones" would be read as "Smith and Jones", while "R v Smith" would be read as "the Crown against Smith". It is important to note that v is never pronounced as "versus".
Understanding these rules for reading out numbers and interpreting case titles is crucial for law students and legal professionals to effectively communicate and reference legal information.
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The meaning of 'Re' in case titles
Case titles in law are a tricky business, with a lot of information packed into a few words. The title of a case includes the names of the parties involved, the year, and where it was reported. For example, in the case title "Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1", Williams and Roffey Bros & Nicholls (Contractors) Ltd are the two sides of the case, 1991 is the year, and 1 QB 1 indicates where it was reported.
One important thing to note is that it is never "versus". Although there is a "v" in the title, it is read as "and" in civil cases and "against" in criminal cases. So, "Williams v Roffey" would be read as "Williams and Roffey". This is almost rule number one of law, according to some sources.
Another important component of case titles is the neutral citation. These are independent of a specific report and refer to a court instead. The letters in the title indicate the court, and the number at the end refers to the case number for that year. For example, in "Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24", UKSC stands for the United Kingdom Supreme Court, 2018 is the year, and 24 is the case number.
Now, let's focus on the meaning of "Re" in case titles. "Re" is a Latin phrase that means "in the matter of". It is used in cases that are non-adversarial, meaning they do not involve one person against another. Instead, these cases may involve matters such as probate or bankruptcy proceedings, consolidated cases, or no-fault divorce proceedings. For example, the General Motors Chapter 11 reorganization was formally designated "In re General Motors Corp." in court papers.
When reading out case titles, there are a few additional rules to keep in mind. Firstly, when reading out numbers, such as the issue, page, or case number, they must be read out as whole numbers, not digit by digit. So, you would say "one hundred" instead of "one, zero, zero". Additionally, when referring to a case for the first time, follow the full title with the abbreviated title in parentheses. For example, "Commonwealth v Tasmania (Commonwealth v Tas)". Then, in subsequent references, you can use the abbreviated title.
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Frequently asked questions
A case title typically includes the names of the opposing parties, separated by 'v' (or 'c' in French), the name of the reporter in which the case is found, the volume number of the reporter, the page in the reporter where the case starts, and the year the case was decided.
The 'v' in a case title is an abbreviation of the Latin word 'versus', meaning 'against'. In civil cases, it is pronounced as 'and', while in criminal cases, it is pronounced as 'against'.
A case citation shows people where to find the published authorised judgments and decisions of courts, commissions, and tribunals. They also indicate who made the decision and when.
Reported decisions are published in authorised law reports, whereas unreported decisions are not part of an authorised report series.
The people or organisations named in a case are known as 'parties'. Legal authorities, on the other hand, are published sources of legal reasoning, doctrine, and rulings made by courts and similar bodies.
