Kara Sears
The v in case law stands for the Latin word versus, which means against. It is used in law case citations to indicate the parties involved in a legal dispute, with the name preceding the v being the plaintiff or appellant and the name following being the defendant or respondent. For example, in Brown v. Board of Education, Brown is the party bringing the suit against the Board of Education. The v is pronounced differently in different contexts and regions, with lawyers in England pronouncing it as and, while in the United States, it is often pronounced as versus.
| Characteristics | Values |
|---|---|
| What it stands for | Versus, the Latin word for against |
| How it's pronounced | "Vee" or "and" in civil cases and "against" in criminal cases |
| What it means | The plaintiff (or appellant in an appeal case) is listed first, and the defendant (or respondent in an appeal case) is listed second |
| Where it's used | Case citations, e.g. "Brown v. Board of Education" |
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What You'll Learn
'V' stands for the Latin word 'versus'
In law, the letter "V" is often used as an abbreviation for the Latin word "versus", which means "against". This is used in case citations to indicate the parties involved in a legal dispute, with the name preceding the "V" being the plaintiff (or appellant) and the name following being the defendant (or respondent). For example, in the case citation "Brown v. Board of Education", Brown is the party bringing the suit against the Board of Education.
The use of "versus" in legal citations is common, although some prefer to use the full word "against". In England, lawyers pronounce the "V" as "and", as in "Walsh v Lonsdale" being said as "Walsh and Lonsdale". This is done for civil cases, while "against" is used for criminal cases. The Australian legal system follows a similar convention.
The "V" in case law is not always related to the Latin "versus". It can also be used as an initial for a name, such as "Victor" or "Van". In some contexts, it may simply be a letter in a name, such as in "Stanley V. Georgia", where "V" could be a person's middle initial.
It is important to note that the usage of "V" in case law can vary depending on the jurisdiction and specific legal conventions being followed. While "versus" is the most common meaning, the context of the case and citation style guide being used should always be considered when interpreting case law citations.
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'V' is pronounced differently in civil and criminal cases
The "v." in case law stands for the Latin word "versus", which means "against". While the use of "versus" is common in writing, its pronunciation varies across different legal contexts.
In civil cases, "v." is pronounced as "and", for example, "Smith v Jones" would be pronounced as "Smith and Jones". On the other hand, in criminal cases, "v." is pronounced as "against". So, "R v Smith" would be pronounced as "The Crown against Smith". This distinction is observed in England, Australia, and the United Kingdom.
In Scotland, both civil and criminal cases use the pronunciation "against". The United States, however, does not follow a consistent rule. While some prefer "against", others use "versus", leading to confusion in pronunciation and spelling. For instance, the famous case "Roe v. Wade" is often pronounced as "Roe versus Wade", although this is discouraged within the legal profession.
The variation in pronunciation of "v." is not limited to different types of cases but also extends to personal styles and conventions. Some legal professionals prefer to use "against", while others view it as an affectation. Additionally, when the first party's name is a single syllable, "v." is often pronounced as "v", whereas "versus" is used for names with multiple syllables.
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Case citation formats vary across countries
In the Philippines, there is only one Supreme Court, but the citation of its decisions varies depending on the reporter of the case. The standard format for citation of the Philippine Reports is: [Case name], [volume number of the Philippine Reports], [abbreviation of Philippine Reports], [page number].
In India, there are numerous reporters, each with its own style of citation. The official reporter for Supreme Court decisions is the Supreme Court Reports, but these reports can take years to compile. Other popular reporters include the All India Reporter (AIR), Supreme Court Cases, the Supreme Court Almanac, and Judgements Today.
The United States uses the Bluebook for legal citation. Case decisions are most frequently published in bound reporters, and citations to these reporters are often required in court documents and filings. The Bluebook provides guidelines for creating simple and straightforward case names, and also discusses parallel citations and volume and page numbers.
Overall, the variation in case citation formats across countries and even within countries highlights the importance of using accurate and consistent citation formats when referring to case law.
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The plaintiff is listed first, followed by the defendant
The "v" in case law stands for the Latin word "versus", which means "against". It is used to indicate that a lawsuit is being brought by one party against another. In a trial court case, the first name listed is the plaintiff (the party bringing the suit), followed by the defendant (the party defending against the claims of the plaintiff). For example, in "Brown v. Board of Education", the plaintiff is Brown and the defendant is the Board of Education.
The "v" is typically pronounced as "against" in criminal cases and "and" in civil cases. In England, lawyers pronounce the "v" as "and", as in "Walsh v Lonsdale" which is said as "Walsh and Lonsdale". However, the pronunciation of "v" can vary, even among well-known cases like "Roe v. Wade". While "against" is preferred by some law professors, it is considered an affectation by others.
Case citations usually follow a standard format, including the party names, the name of the reporter where the case is found, the volume number, the page number, and the year the case was decided. Square brackets are used when the year is necessary for identifying the volume of a law report, while round brackets are used when the year is not needed. For instance, "Abbott v Transport Accident Commission [1991] 2 VR 116" uses square brackets because the Victorian Reports start at volume one each year, so both the year and volume number are required. In contrast, "Mills v Meeking (1990) 64 ALR 190" uses round brackets as the Australian Law Reports are numbered consecutively, making only the volume number necessary.
In Australia, tribunals and courts have adopted a neutral citation standard for case law, providing a naming system that is independent of the publication of the case in a law report. Cases are published on AustLII using neutral citations, such as "Mabo v Queensland (No 2) [1992] HCA 23".
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Square and round brackets are used for different purposes
The use of square and round brackets in case law serves different purposes. Square brackets typically indicate the publication year of a case report, which may differ from the year the case was decided. For instance, a case ruled on in December 2001 may have only been reported in 2002; in this case, the square brackets would contain "2002". This is particularly important for pinpoint references, which refer to paragraph numbers instead of page numbers, as page numbers can vary depending on printers and browsers.
Round brackets, on the other hand, generally signify the judgment date or the date of the year in the citation. If round brackets enclose the year, it indicates the date of judgment. If only round brackets are used in the citation, the volume number is also required to locate the case.
The type of brackets used depends on the law report series in which the case report is published. Some series have multiple volumes per year, usually numbered 1, 2, 3, and so on. In these cases, the year is included in square brackets because it is essential for locating the correct volume. For example, "Corr v IBC Vehicles Ltd [2008] 1 AC 884". Other series publish a single volume per year with unique volume numbers, so the year is included in round brackets. An example of this is "Barrett v Enfield LBC (1999) 49 BMLR 1 (HL)".
It is important to note that there are various citation standards and styles, such as the Blue Book, Chicago, and Modern Language Association conventions, and each set of rules may have its own quirks. For instance, some styles may exclusively use round brackets in all circumstances.
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