Anaya Nolan
When writing about law cases, it is important to know when to underline or italicize case names. The general rule is that in court documents (briefs, motions, and legal memoranda), the full case name is usually underlined or italicized, while in academic legal writing (such as a law review article), the full case name is not underlined or italicized. However, there may be specific rules set by your professor or court system that take precedence. In academic writing, the case name is typically in normal type in footnotes and italicized in the text.
| Characteristics | Values |
|---|---|
| Document Type | Court documents (briefs, motions, legal memoranda) or academic writing |
| Format | Case names are underlined in court documents |
| Case names are not underlined in academic writing |
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What You'll Learn
Court documents and briefs
The use of underlining or italics in legal documents is dictated by the specific rules of the court and the type of document being created. In court documents such as briefs and motions, as well as legal memoranda, the general rule is to italicize or underline the full case name. This is different from academic legal writing, where full case names are typically not underlined or italicized.
For example, when citing litigation documents in a brief or memo, some attorneys may prefer to underline the names of the document and the case names, while others may prefer to use italics for case names. It is essential to maintain consistency and adhere to the court's formatting guidelines.
The Bluebook, a widely used legal citation guide, provides extensive instructions on formatting case citations. It includes rules for citing briefs, court filings, and transcripts, as well as tables for abbreviating court names and terms used in case names. However, the Bluebook may not cover all court-specific requirements, and it's important to consult local rules and style guides for specific courts.
When it comes to the visual appearance of citations, some attorneys prefer the simplicity of black and white text, avoiding any colors or excessive formatting. This ensures a clean and professional look for court documents. It is worth noting that the rules of court in different jurisdictions may vary, and it is always important to refer to the specific guidelines provided by the relevant court.
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Academic legal writing
When it comes to the presentation of case names in academic legal writing, there are certain conventions to follow. In general, the style guide of the specific publication or institution should be consulted and followed consistently. However, as an example, the "Bluebook: A Uniform System of Citation" is a widely used citation guide in US legal writing. According to the 21st edition of this guide, the names of cases are generally italicized in the text of a document and underlined only in handwritten text. Here is an example from the guide:
> "The Court held that the Fourth Amendment right to be free from unreasonable searches and seizures applied to the states through the Fourteenth Amendment Due Process Clause. See Mapp v. Ohio, 367 U.S. 643 (1961)."
In this example, "Mapp v. Ohio" is the name of the case, which is italicized in the text. If handwritten, it would be underlined instead.
To aid law students in their academic legal writing journey, several resources are available. One notable resource is the book "Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review" by Eugene Volokh, a former clerk to the Supreme Court and Professor at UCLA. This book provides detailed instructions on various aspects of the law school writing process, including choosing a topic, conducting research, drafting, and publishing. It is praised for its clear, concise, and accessible style, offering pragmatic advice on everything from avoiding off-putting humour or politically charged language to drafting letters to professors.
Another recommended resource is "Scholarly Writing: Ideas, Examples, and Execution" by Jessica Lynn Wherry and Kristen E. Murray. This book serves as a blueprint for planning, writing, and polishing academic legal writing. It covers generating ideas, conducting research, incorporating feedback, and shopping papers for publication. Additionally, "Scholarly Writing For Law Students" by Elizabeth Fajans is a valuable guide, helping scholars write papers for seminars, law reviews, and competitions with creativity and minimal anxiety.
Students can also refer to institution-specific resources, such as the LibGuides at Arizona State University's Sandra Day O'Connor College of Law, which offers guidance on choosing scholarly paper topics, conducting preemption checks, staying current on chosen topics, and avoiding plagiarism. The Legal Scholar's Guidebook by Elizabeth E. Berenguer is also recommended, as it discusses all stages of crafting a valuable legal article, from topic selection to evaluating sources' credibility.
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Jurisdiction and court
The Bluebook style guide is a resource that provides guidance on citing legal cases and other sources in written work. According to the Georgetown Law Library, the precise format of a case citation depends on several factors, including the jurisdiction, court, and type of case.
In court documents such as briefs and motions, and in legal memoranda, the general rule is to italicize or underline the full case name. However, in academic legal writing, such as a law review article, full case names are typically not underlined or italicized.
It is important to note that specific style guides, such as The Bluebook, provide extensive instructions on how to format case citations, including guidance on citing briefs, court filings, and transcripts. These style guides should be consulted to ensure consistent and accurate citations.
Additionally, when citing cases, it is crucial to consider the concept of a "reporter." A reporter is a publication that contains the opinions of a particular court or jurisdiction, presented in chronological order by the date of decision. As an example, the opinions of the U.S. Supreme Court are published in three different reporters. The Bluebook specifies which reporter is the preferred source to cite for a particular case.
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Type of case
The precise format of a case citation depends on several factors, including the jurisdiction, court, and type of case. The Bluebook and basic concepts of legal citation are introduced to new law students to help them understand the formatting of case citations.
In academic legal writing, such as a law review article, full case names are generally not underlined or italicized. Case names should be in plain text in the main body text of academic legal writing. However, case names are italicized when they are part of a citation sentence or clause, including in footnotes if they are grammatically part of the sentence. Additionally, in academic writing, the case name is italicized in the text and written in normal type in footnotes.
In court documents, such as briefs, motions, and legal memoranda, a full case name is usually italicized or underlined. The Bluepages provide rules for underlining and italicizing case names in court documents (B2) and academic writing (R2).
It is important to note that your professor or court system may have special rules, and rules or situations may change over time. Therefore, it is recommended to double-check with your professor, external guides, and the Bluebook rules to ensure you are following the correct formatting guidelines.
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Academic writing format
Academic writing requires specific formatting rules for citing sources and references. When it comes to legal writing, there are specific style guides, such as the Bluebook, that offer guidance on typeface conventions for citing law cases.
According to the Bluebook rules, in academic writing, the general rule is to use plain text for case names in full citations. However, there are exceptions and additional rules to consider:
- Italicize Case Names in Text: In the main body text of an academic paper, it is customary to italicize case names. This helps to distinguish them from the surrounding text and emphasizes their importance.
- Ordinary Type in Footnotes: When a case name appears in a footnote, it should be in ordinary type, not italicized. This is a specific convention for academic writing, differentiating it from court documents.
- Procedural Phrases: Procedural phrases like "ex rel." within case names should be italicized. This helps to identify specific legal procedures or situations.
- Article and Publication Titles: While case names are typically italicized in the text, article titles, publication titles, speeches, and periodical names are also generally italicized for consistent styling.
- Introductory Signals: Introductory signals within citation sentences or clauses, such as "see" or "compare with," should be italicized for clarity.
- Punctuation: Commas, semicolons, and other punctuation marks should only be italicized when they are part of the italicized material. If they are simply part of the surrounding sentence or citation, they remain in plain text.
It is worth noting that some legal writers and practitioners may deviate from strict adherence to the Bluebook guidelines, opting for practicality and simplicity in their citations. However, academic writing, particularly in law school or legal academia, typically adheres to these formatting rules for consistency and standardization.
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Frequently asked questions
In court documents (briefs, motions) and legal memoranda, you should underline or italicize the full case name.
In academic legal writing, such as a law review article, full case names are generally not underlined or italicized. Instead, the case name is in normal type in footnotes and italicized in the text.
The basic format of a case citation depends on factors like jurisdiction, court, and type of case. However, in court documents, the full case name is usually underlined or italicized, while in academic writing, it is not.
Briefs, motions, and legal memoranda are examples of court documents where you should underline or italicize the full case name.
A law review article is an example of academic legal writing where you should not underline or italicize the full case name.
