Cecily Zamora
The case name in a law document is typically formatted with the plaintiff listed first, followed by the defendant, e.g., Karen King (Appellant) vs. George and Barbara Jean Low (Respondents). The case name is often abbreviated, e.g., King v. Low. Case names are generally provided by print law reporters, but if not, guidelines such as the Canadian Judicial Council's Case Naming Guidelines can be consulted. These guidelines also outline how to cite cases with multiple parties. Case law documents are often accompanied by legal analyses, summaries, and links to related information, such as legislation affected by a judicial decision. They can be found in databases such as JURE, JuriFast, and Dec.Nat, which provide access to case law from various jurisdictions.
| Characteristics | Values |
|---|---|
| Case name format | Case name, year, court/tribunal, decision number, pinpoint if applicable, other sources if available |
| Case name guidelines | Use the case name provided by print law reporters. If a case name is not provided, follow the Case Naming Guidelines. |
| Case name examples | King v. Low, Momentous.ca Corporation v. Rapidz Sports and Entertainment Inc. |
| Case name rules | Use only the name of the first person if there are multiple people listed. Capitalize all words except prepositions, conjunctions, and procedural phrases. Omit articles such as "The" unless referring to the name of an object. |
| Case search tools | Search by court reports, case-law summaries, party names, court name, neutral citation, specific phrases, etc. |
| Case databases | JURE, CODICES, JuriFast, Dec.Nat, databases of Member State courts |
| Case law reports | New Zealand Law Reports (NZLR), All England Law Reports, British and Irish unreported judgments, European Union unreported judgments, Federal Courts Reports, etc. |
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What You'll Learn
Case law document naming conventions
When creating case law documents, it is important to follow a clear and consistent naming convention to ensure documents are easily accessible and efficiently organised. A well-structured document management system saves time and reduces the risk of errors. Here are some key considerations for naming conventions:
Keep it Simple
Avoid overly long or complex names. Use commonly understood abbreviations where possible, for example, "CoA" for Court of Appeals. This ensures that file names are easily readable for both humans and search engines.
Dates
Most file naming conventions begin with a date. This could be the date the document was filed with the court, created, or received. The date format should be YYYY-MM-DD to keep files in chronological order on an alphabetised list. Some may prefer an underscore between numbers instead of a hyphen, or no space between them. Consistency is key.
Case Identification
If multiple cases are opened on the same day, differentiate them with lowercase letters, for example, 20230101a and 20230101b. This method also allows for a quick glance at how long a case has been open.
Drafts and Versions
For documents that will go through multiple drafts, add a version number to the file name, for example, V01 for the first version. This helps keep track of changes and ensures collaboration is efficient.
Folder Structure
Organise case files into clear folders. Some firms may organise files according to the attorney of record, client name, or specific case name. Within each case folder, create subfolders for different types of documents, such as court filings, witness interviews, and correspondence.
Special Characters
Avoid using special characters in file names. Stick to letters, numbers, underscores, and dashes. This ensures compatibility across different platforms and applications.
By implementing these naming conventions and adapting them to your specific needs, you can create a streamlined and efficient document management system for case law documents.
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Case law search strategies
When searching for case law, it is important to have a clear understanding of the topic or issue you are researching. This will help you to narrow down your search and find the most relevant cases. Here are some strategies that can be used when searching for case law:
Using Legal Databases
Legal databases such as Westlaw, Lexis+, and Bloomberg Law can be extremely useful for finding case law. These databases allow you to search for cases by topic, keyword, or party name. For example, Westlaw has a tool called the West Key Number System, which is an index of American Law that uses both topics and a number system to classify legal topics. Lexis+ also has a headnote system that allows users to find cases by topic, and Bloomberg Law uses machine learning to identify legal principles, standards, and elements in court opinions.
Advanced Search Options
Most legal databases offer advanced search options that can help you refine your search. For example, you can search for cases within a specific date range, jurisdiction, or court. You can also use Boolean connectors and filters to get more precise results. Additionally, you can search for specific terms within a document, such as party names, court names, dates, citations, and synopses.
Using Case Citations
If you have found one relevant case, you can use it to find more cases on the same topic. Look at the key numbers that have been assigned to the case and the cases that it cites, as well as the cases that cite it. This can help you to find other relevant cases and develop a deeper understanding of the topic.
Browsing by Court
If you are interested in finding cases from a specific court or chamber, you can browse by court division to see all the judgments and decisions from that particular court. This can be helpful if you are researching a particular court's interpretation of the law.
Seeking Assistance
If you are having trouble finding case law, don't hesitate to reach out for help. Many law libraries offer research assistance and can provide guidance on search strategies. They may also have resources and guides available online or in person to aid in your search.
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Case law document structure
Case law documents can vary in structure depending on the jurisdiction and the type of case. However, there are some general elements that are typically included in a case law document.
Firstly, a case law document will usually begin with a case name and citation. The case name will typically include the names of the parties involved, such as the appellant and respondent, or the plaintiff and defendant. The citation will include information such as the year of the decision, the court or tribunal, and a decision number.
The next section of a case law document will usually include a summary of the facts of the case, including what happened factually and procedurally. This section may also include information on the legal issues in question and the procedural history of the case, such as how the case was handled by lower courts or tribunals.
Following this, the document will typically outline the judgment of the court, which is the factual determination in favour of one party, such as "affirmed", "reversed", or "remanded". This will be distinguished from the holding, which is the applied rule of law that serves as the basis for the judgment.
The case law document may also include a legal analysis, discussing the legal principles relevant to the case and how they were applied by the court. This analysis may involve breaking down the case into its component parts and outlining the court's reasoning for its decision.
Finally, a case law document may include additional information such as references to related academic articles, legislation affected or interpreted by the decision, and instruments cited in the case law. This additional information provides context and allows for further research and understanding of the case's implications.
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Case law document examples
McAuley (Appellant) v The Council of the Law Society of Scotland (Respondent) – This case involves an application for permission to appeal, with the appellant seeking to challenge the decision of the Council of the Law Society of Scotland.
Other sources, such as the University of British Columbia's Legal Citation Guide, offer guidance on citing case law documents. They provide examples of properly formatted case names and citations, such as:
- King v. Low – An example from the Supreme Court Reports, where Karen King is the appellant, and George Low and Barbara Jean Low are the respondents.
- R v Baldini, 2012 BCCA 206 at paras 56-65 – An example of a neutral citation format, where only the neutral citation is available.
- Antares Shipping Corp v The Ship "Capricorn" – An example where the first-listed party is a corporation, and the respondent includes multiple entities, such as another ship and two shipping companies.
Additionally, the National Archives in the UK offers a search tool called "Find Case Law", which allows users to search for court judgments and tribunal decisions. This database includes details such as court names, neutral citations, and party names.
In the context of European Union law, EUR-Lex provides access to case-law documents. It includes a Directory of Case-Law, organised into main domains and subdomains. It covers cases related to the European Parliament, the European Council, and infringement proceedings.
Furthermore, specific jurisdictions, such as California, have their own rules and guidelines for case law. For instance, the Judicial Branch of California outlines rules for related cases, notices of related cases, and procedures for civil cases.
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Case law document citation
Case law is law based on judicial decisions. Case citations are used by legal professionals to identify past court case decisions, either in a series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority that either substantiates or contradicts a given position".
In some report series, for example in England, Australia, and some in Canada, volumes are not numbered independently of the year: the year and volume number are required to identify the book of the series containing the case. Case citations generally include the case name, reporter volume, reporter abbreviation, first page of the case, specific page for the cited material, and court abbreviation and date in parentheses (unless the court name is obvious from the reporter abbreviation). For example, the citation Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011), identifies a decision in a case between an appellant, named Stearns, and an appellee, named Ticketmaster Corporation. The citation indicates that the decision was published in volume 655 of the Federal Reporter, Third Series (identified by the abbreviation “F.3d”), beginning on page 1013.
In some jurisdictions, it is usual to apply square brackets " [year]" to the publication year (which may not be the year the case was decided). For example, a case decided in December 2001 may have been reported in 2002. The internet has brought with it the opportunity for courts to publish their decisions on websites, and most published court decisions now appear in that way. This has led to the numbering of paragraphs and the adoption of a medium-neutral citation system. Rather than using page numbers for pinpoint references, pinpoint quotations refer to paragraph numbers.
There are various guides to case citation, including The Bluebook, the Australian Guide to Legal Citation, and the online guide by Professor Emeritus at Cornell Law School, Peter W. Martin.
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Frequently asked questions
The best way to search for case law documents is to use a database. Databases such as JURE, JuriFast, Dec.Nat, and CODICES provide access to case law documents from various jurisdictions. Additionally, many member-state courts maintain databases of their own case law.
To find a specific case law document, you can use a search engine or a database's search function. You can search by case name, party name, court name, neutral citation, or a combination of keywords and phrases.
Council case law documents typically involve the interpretation and application of EU law by the courts of EU member states. They may also involve actions against the European Parliament, European Council, or the Council for failing to act or fulfil their obligations. Additionally, council case law documents may be published by the Council of Europe or refer to the Council of Europe as a source of case law.
