Information about Court Citation
- :Various case citations redirect here. If you are looking for the actual text of an opinion, it is usually linked in the external links at the bottom of the article on that case.
The United States Reports, the official reporter of the Supreme Court of the United States
Where cases are published in paper form the citation will usually contain:
- the title of the reports;
- the volume number;
- page number; and
- year of decision.
The Internet brought with it the opportunity for courts to publish their decisions on web sites. Decisions of many courts from all over the world can now be found through the website WorldLII and its member institutes.[1]
Most decisions of courts are not published in printed law reports. The expense of typesetting and publishing them has limited the printed law reports to the significant cases. Internet publishing of court decisions resulted in a flood of information. The result was that a medium-neutral citation system had to be adopted. This usually contains the following information:
- year of decision
- the abbreviated title of the court; and
- the decision number (not the court file number)
Australia
The standard case citation format in Australia is:| Style of cause | (year of decision) | [year of reporter] | volume | reporter | (series) | page |
|---|---|---|---|---|---|---|
| Mabo v Queensland (No 2) | (1992) | 175 | CLR | 1. |
Like in Canada, there has been divergence between citation styles. There exists commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles. Each court in Australia may cite the same cases slightly differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published by the Melbourne University Law Review, the leading Law Review in the country.
Reports
| Abbreviation | Reporter | Years |
|---|---|---|
| AAR | Administrative Appeals Reports | - |
| ALJR | Australian Law Journal Reports | - |
| ALR | Australian Law Reports | 1983 - |
| CLR | Commonwealth Law Reports | 1903 - |
| FLC | Family Law Cases | |
| FLR | Federal Law Reports | - |
| NSWLR | New South Wales Law Reports | - |
| Qld R | Queensland Reports | - |
| VR | Victorian Reports | - |
Neutral citation
Australian courts and tribunals have now adopted a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of the case in a law report. Most cases are now published on AustLII using neutral citations.[2]The standard format looks like this:
| Year of decision | Court identifier | Ordinal number |
|---|---|---|
| [2005] | HCA | 1 |
There is a unique court identifier code for most courts. The court and tribunal identifiers include:
| Court Identifier | Court |
|---|---|
| HCA | High Court of Australia |
| FCA | Federal Court of Australia |
| FCAFC | Federal Court of Australia - Full Court (Appeals bench) |
| FamCA | Family Court of Australia |
| FMCA | Federal Magistrates' Court of Australia |
| FMCAfam | Federal Magistrates' Court of Australia, family law decisions |
| AAT | Administrative Appeals Tribunal of Australia |
References
Canada
There are a number of citation standards in Canada. Many legal publishing companies and schools have their own practice for citation. Since the late 1990s, however, there has been a convergence among much of legal community to a single standard which has been formulated in the "The Canadian Guide to Uniform Legal Citation", known as the "McGill Guide" after the McGill Law Journal that first published it. The following format reflects this standard.The standard case citation in Canada looks like this:
- Hunter v. Southam, [1984] 2 S.C.R. 145.
The format can be broken into its component parts:
| Style of cause | (year of decision), | [year of reporter] | volume | reporter | (series) | page | jurisdiction/court |
|---|---|---|---|---|---|---|---|
| R. v. Big M Drug Mart Ltd., | [1985] | 1 | S.C.R. | 295. | |||
| R. v. Oakes, | [1986] | 1 | S.C.R. | 103. | |||
| Re Canada Trust Co. and O.H.R.C. | (1990), | 69 | D.L.R. | (4th) | 321 | (Ont. C.A.). |
The Style of Cause is italicized as in all other countries and the party names are separated by "v." (English) or "c." (French). Prior to 1984 the appellant party would always be named first. However, since then case names do not switch order when the case is appealed.
Undisclosed parties to a case are represented by initials (eg. R. v. R.D.S.). Criminal cases are prosecuted by the Crown which is always represented by "R." for Regina (queen) or Rex (king). Constitutional references are always entitled "Reference re" followed by the subject title.
Usually either the year of the decision or the year of the reporter is cited, but not usually both. Only if they are different years can they both be cited at the same time. If they are the same, one should always use the reporter year.
Where available cases should be cited with their neutral citation immediately after the style of cause and preceding the print citation. For example,
- Chaoulli v. Quebec (Attorney General), 2005 SCC 35, [2005] 1 S.C.R. 791.
This format was introduced in 2006. Prior to this format, the opposite order of parallel citation was used.
Reporters
| Abbreviation | Reporter | years |
|---|---|---|
| Admin. L.R. | Administrative Law Reports | 1983 - 1991 |
| Admin. L.R. (2d) | Administrative Law Reports (second series) | 1992 - 1998 |
| Admin. L.R. (3d) | Administrative Law Reports (third series) | 1999 - |
| A.N.W.T.Y.T.R. | Alberta, Northwest Territories & Yukon Tax Reporter | 1973 - |
| A.C.W.S. | All Canada Weekly Summaries | 1970-1979 |
| A.C.W.S. (2d) | All Canada Weekly Summaries (second series) | 1980-1986 |
| A.R. | Alberta Reports | 1976 - |
| C.C.L.T. (2d) | Canadian Cases on the Law of Torts | |
| D.L.R. | Dominion Law Reports | |
| D.L.R. (2d) | Dominion Law Reports (second series) | |
| D.L.R. (3d) | Dominion Law Reports (third series) | - 1984 |
| D.L.R. (4th) | Dominion Law Reports (fourth series) | 1984 - |
| F.C.R. | Federal Court Reports | 1971 - |
| N.B.R. (2d) | New Brunswick Reports | 1969 - |
| N.R. | National Reporter | |
| N.S.R. (2d) | Nova Scotia Reports | 1969 - |
| O.R. (3d) | Ontario Reports | 1986 - |
| S.C.R. | Supreme Court Reports | 1970 - |
Neutral citation
In 1999 the Canadian Judicial Council adopted a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of the case a law report.The standard format look like this:
| Year of decision | Court identifier | Ordinal number |
|---|---|---|
| 2000 | SCC | 1 |
There is a unique court identifier code for most courts. There are a few courts in Quebec and Ontario that have yet to adopt the system. A list of the court identifiers include:
| Court Identifier | Court | from year |
|---|---|---|
| SCC | Supreme Court of Canada | 2000 |
| FCT | Federal Court of Canada - Trial Division | 2001 |
| FCA | Federal Court of Canada - Appeal Division | 2001 |
| TCC | Tax Court of Canada | 2003 |
| CMAC | Court Martial Appeal Court | |
| Comp. Trib. | Competition Tribunal of Canada | |
| BCCA | British Columbia Court of Appeal | |
| BCSC | Supreme Court of British Columbia | |
| BCPC | Provincial Court of British Columbia | |
| BCHRT | British Columbia Human Rights Tribunal | |
| BCSECCOM | British Columbia Securities Commission | |
| ONCA | Ontario Court of Appeal | |
| QCCA | Quebec Court of Appeal |
References
- Canadian Guide to Uniform Legal Citation, 5th edition (McGill Law Journal) ISBN 0-459-24042-0, ISBN 0-459-24068-4 (this is not available online)
- Canadian Citation Committee A Neutral Citation Standard for Case Law
England and Wales
The standard case citation format in England and Wales is:| Style of cause | (year of decision), | [year of report] | volume | report | (series) | page | jurisdiction/court |
|---|---|---|---|---|---|---|---|
| Donoghue v Stevenson, | [1932] | A.C. | 562 | (H.L.). | |||
| R v Dudley and Stephens, | (1884) | 14 | Q.B.D. | 273. |
In England and Wales as with most other Commonwealth countries, the abbreviation "R" for rex (king) or regina (queen), is used for cases in which the state is a party (typically criminal cases or judicial review cases).
Square brackets "[ ]" are used when the year is essential to locating the report (e.g. the official law reports either - as with Donoghue v Stevenson, above - do not have volume numbers or, if there are multiple volumes in a single year, they are numbered 1, 2, etc.). Round brackets "( )" are used when the year is not essential but is useful for information purposes, e.g. in reports which have a cumulative volume number such as R v Dudley and Stevens, above.
Law Reports
The term "reporter", meaning a law report or a series of them, is not widely used in England and Wales.Before 1865, English courts used a large number of privately-printed reports, and cases were cited based on which report they appeared in. (This system was also used in the United States and other common law jurisdictions during that period).
In 1865, many English cases were reprinted in a set of volumes called English Reports, abbreviated E.R. Between 1865 and 1875, decisions were published in a single series of law reports simply known as the "Law Reports" (L.R).
Since 1875 the official law reports have been split into a number of different series, the current series are the Appeal Cases (A.C.), Chancery (Ch.), Family (Fam.) and Queen's Bench (Q.B.) (or King's Bench—K.B.—depending on the monarch of the time). These 4 series are cited in preference to all others in court. There are two main unofficial law reports which report all areas of law, the Weekly Law Reports (W.L.R.) and the All England Reports (All E.R.). In addition there are a number of unofficial specialist law reports which focus on a particular area, e.g. the Entertainment and Media Law Reports (E.M.L.R.) or the Criminal Appeal Reports (Cr. App. R.). See the table below for a list of the most common current and past law reports.
| Abbreviation | Law Report | years |
|---|---|---|
| A. & E. | Admiralty and Ecclesiastical (L.R.) | 1865 - |
| A.C. | Appeal Cases (L.R.) | 1890 - |
| All E.R. | All England Law Reports | 1936 - |
| B.C.L.C. | Butterworths Company Law Cases | 1983 - |
| B.H.R.C. | Butterworths Human Rights Cases | 1996 - |
| B.M.L.R. | Butterworths Medico-Legal Reports | ???? - |
| C.C.R. | Criminal Cases Reserved (L.R.) | 1865 - 1875 |
| Ch. | Chancery (L.R.) | 1891 - |
| Ch. App. | Chancery Appeal (L.R.) | 1865 - 1874 |
| Ch. D. | Chancery Division (L.R.) | 1875 - 1890 |
| Con. L.R. | Construction Law Reports | 1985 - |
| C.P. | Common Pleas (L.R.) | 1865 - 1876 |
| Cr. App. Rep. | Criminal Appeal Reports | 1987 - |
| E.C.H.R. | European Court of Human Rights Cases | 1960 - |
| E.G.L.R. | Estates Gazette Law Reports | 1975 - |
| Eq. | Equity Cases (L.R.) | 1865 - 1875 |
| Ex. D. | Exchequer Division (L.R.) | 1875 - 1890 |
| F.C.R. | Family Court Reports | 1987 - |
| G.C.C.R. | Goode Consumer Credit Reports | 1882 - |
| H.L. | House of Lords (L.R.) | 1866 - 1875 |
| I.R.L.R. | Industrial Relations Law Reports | 1972 - |
| I.P. & T. | Butterworths Intellectual Property and Technology Cases | 1999 - |
| J.P. | Justice of the Peace Law Reports | 2003 - |
| I.T.L.R. | International Tax Law Reports | 1998 - |
| K.B. | King's Bench | 1901 - 1951 |
| L.G.R. | Butterworths Local Government Reports | 1997 - |
| L.R.C. | Law Reports of the Commonwealth | 1995 - |
| O.P.L.R. | Occupational Pensions Law Reports | 1992 - |
| P. & D. | Probate and Family | 1850 - |
| P.C. | Prive Council (L.R.) | 1865 - 1874 |
| P.L.R. | Estates Gazette Planning Law Reports | 1988 - |
| Q.B. | Queen's Bench (L.R.) | 1952 - |
| Q.B.D. | Queen's Bench Division (L.R.) | 1875 - 1890 |
| R.P.C. | Reports of Patent Cases | 1939 - |
| S.T.C. | Simon's Tax Cases | 1973 - |
| T.C. | Official Tax Case Reports | 1883 - |
| W.L.R. | Weekly Law Reports | 1953 - |
Neutral citation
Since 2001, judgments in the House of Lords, Privy Council, Court of Appeal and Administrative Court have been issued with neutral citations. This system was extended to other parts of the High Court in 2002. Judgments with neutral citations are freely available on the British and Irish Legal Information Institute website (www.bailii.org). Neutral citations identify judgments independently of any series of reports, and cite only parties, year of judgment, court and case number. For example,
Rottman v MPC [2002] UKHL 20
identifies the 20th judgment in 2002 in the UK House of Lords. UKHL stands for UK House of Lords. EWHC and EWCA identify the England and Wales High Court and Court of Appeal respectively. These abbreviations are generally followed by an abbreviation indicating the court or division (eg Admin, Ch, Crim, Pat). How to cite a case
If a neutral citation is available for a judgment, it should immediately follow the party names. If the judgment has also been reported in a law reports series, follow the neutral citation with the 'best report', which is usually from the official Law Reports series (Appeals Cases - AC, Chancery - Ch, Family - Fam, Queen’s Bench - QB etc).
The case of Rottman v MPC was reported in the Appeals Cases, so the citation should be:
Rottman v MPC [2002] UKHL 20, [2002] 2 AC 692.
This means that a report of the case and the judgment can be found in the 2002 volumes, vol 2, of the Law Reports series called Appeals Cases, beginning at page 692.
To cite a particular paragraph from the judgment, add the paragraph number in square brackets at the end of the citation: Rottman v MPC [2002] UKHL 20, [2002] 2 AC 692 [58].
If a case is not reported in the Law Reports, the next best report is the Weekly Law Reports (eg [2002] 2 WLR 1315), and then the All England Reports (eg [2002] 2 All ER 865). In some situations, it might be preferable to cite a specialist series, eg Rottman v MPC was also cited in the Human Rights Law Reports, at [2002] HRLR 32.
For cases before 2001, cite the best report. If referring to a particular page of the judgment, give that page number after the page number on which the report begins. The following citation refers to page 573 of the Donoghue v Stevenson judgment:
Donoghue v Stevenson [1932] AC 562, 573.
[edit] References
- Oxford Standard for the Citation Of Legal Authorities, available at http://denning.law.ox.ac.uk/published/oscola.shtml
Germany
In Germany there are two types of citation, the full citation of a case and its shortened form. In e.g. scientific articles the full citation of a particular case is only used at its first occurrence, after that its shortened form is used. In most law journals the articles themselves only use the shortened form, the full citations for all articles sometimes are summarized at the beginning of that journals edition.Federal Constitutional Court of Germany
The most important cases of the Federal Constitutional Court of Germany are published by the court in its official collection. This collection is abbreviated "BVerfG", whereas BVerfG is short for Bundesverfassungsgericht, the German court name, and E stands for Entscheidung (decision).Starting in 2004, the court also publishes the "BVerfGK" collection, containing decisions made only by a Kammer, a specific part of the court.
The so-called for example could be cited
- BVerfGE 65, 1 (43), Urteil des Ersten Senats vom 15. Dezember 1983 auf die mündliche Verhandlung vom 18. und 19. Oktober 1983, Az. 1 BvR 209, 269, 362, 420, 440, 484/83.
- BVerfGE 65, 1 (43).
| official collection | volume | page of beginning | page cited | more detailed information and date | case number |
|---|---|---|---|---|---|
| BVerfGE | 65, | 1 | (43), | Urteil des Ersten Senats vom 15. Dezember 1983 [in case of a hearing:] auf die mündliche Verhandlung vom 18. und 19. Oktober 1983, | Az. 1 BvR 209, 269, 362, 420, 440, 484/83 |
For the meaning of the different case numbers of the BVerfG see .
If decisions are not published by the court yet or will not be published by it at all, law journals can be cited, e.g.
- BVerfG, NJW 2009, 1234 (1235 f.).
Federal Court of Justice of Germany
The Federal Court of Justice of Germany (Bundesgerichtshof, short BGH) publishes the official collections for decisions in penal law and for those in private law.The e.g. would be cited
- BGHSt 35, 347 ff., Urteil des 4. Strafsenats vom 15. September 1988, Az. 4 StR 352/88, 35, 347.
- BGHSt 35, 347 ff.
Other federal courts
The official collection of the Federal Social Court of Germany (Bundessozialgericht, BSG) is abbreviated BSGE.The official collection of the Federal Finance Court of Germany (Bundesfinanzhof, BFH) is BFHE.
The official collection of the Federal Labor Court of Germany (Bundesarbeitsgericht, BAG) is BAGE.
Other courts
For the other courts generally the same rules apply, though most of them do not publish an official collection, so that they have to be cited from a law journal.India
India's vast federated judicial system admits to a large number of reporters, each with their own style of citation. There are over 200 law reports in India – subject-wise and state(province)-wise; authorized and unauthorized.Supreme Court of India
The official reporter for Supreme Court decisions is the Supreme Court Reports. These reports however lag behind other journals in the speed of reporting. Whilst decisions themselves are uploaded by the Supreme Court itself on www.courtnic.nic.in, the edited versions with headnotes in the official reporter take years to compile. However, some reporters have been authorised to publish the Court's decisions. The All India Reporter is an old and respected reporter that, in addition to the Supreme Court, also reports decisions of the various State High Courts. Other popular reporters include Supreme Court Cases, the Indian Law Reports, the Supreme Court Almanac and Judgements Today.For instance, the case of Sebastian Hongray v. Union of India can be cited thus:
AIR 1984 SC 571 - where 'AIR' is the All India Reporter, '1984' is the year of judgement (AIR does not use a volume-based classification), 'SC' is the Supreme Court of India and '571' is the page number;
(1984) 1 SCC 339 - which corresponds to the Year (of publication), Volume (of the reporter), Supreme Court Cases (name of the reporter)and Page Number (within the volume);
1984 Cri LJ 289 (SC) - which corresponds to Year (of publication), Criminal Law Journal (name of reporter) and Page Number (within the 1984 volumes). The forum is indicated in simple paranthesis.
A citation of the "Supreme Court Almanac" looks like this - Additional Secretary, Government of India v. Alka Subhash Gadia (1990) 2 Scale 1352; and, "Judgements Today" like this - Premium Granites v. State of Tamil Nadu JT (1994) 1 SC 374.
The "Supreme Court Cases (SCC)" published supplementary reports for a few years in the early 1990s. Those citations looked like this - Federation of Mining Associations v. State of Rajasthan 1992 Supp (2) SCC 239, which points to page 239 of the Second Supplementary Volume of the SCC reports in the year 1992.
The SCC also have a separate series of subject-based reporting of the decisions of the Supreme Court. For instance - Rathinam Nagbhushan Patnaik v. Union of India 1994 SCC (Cri) 740, which refers to the SCC Criminal Reports, and Delhi Transport Corporation v. Mazdoor Congress 1991 SCC (L&S) 1213, which refers to the SCC Labour & Services Reports.
High Courts
All India Reporter is the most popular nation-wide reporter for decisions of the High Courts. An AIR High Court citation looks like this - Surjya Kumar Das v. Maya Dutta AIR 1982 Cal 222, where 'Cal' refers to the High Court of Calcutta (the capital of the State of West Bengal). This is a uniform style for AIR High Court reports. Only the shortened indicator of the forum changes for different High Courts.New Zealand
The standard case citation format in New Zealand is:| Style of cause | (year of decision) | [year of reporter] | volume | reporter | page |
|---|---|---|---|---|---|
| Taylor v New Zealand Poultry Board | [1984] | 1 | NZLR | 394 | |
| R v Howse | (2005) | 21 | CRNZ | 823 |
Several leading law reviews in New Zealand have also adopted the Australian Guide to Legal Citation such as the Canterbury Law Review. The AGLC style is also rather similar to citation style in New Zealand. This is probably to aid exchanges in academic work between both sides of the Tasman as opposed to any sort of sense of cultural inferiority.
Reporters
| Abbreviation | Reporter | Years |
|---|---|---|
| NZLR | New Zealand Law Reports | 1881 - |
| CRNZ | Criminal Reports of New Zealand | 1983 - |
| NZAR | New Zealand Administrative Reports | 1976- |
| NZFLR | New Zealand Family Law Reports | 1981- |
| DCR | District Court Reports | 1981- |
Additionally, a number of other report series exist for specialist areas such as Family, Employment and Tax Law.
Neutral citation
New Zealand courts and tribunals have begun to adopt a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of the case in a law report. Most cases are now published on AustLII[2] using neutral citations, although such formats are only used for Court of Appeal and Supreme Court judgments. Outside of AustLII, only the Supreme Court uses such citations in relation to its own judgments.The standard format looks like this:
| Year of decision | Court identifier | Ordinal number |
|---|---|---|
| [2005] | NZSC | 1 |
There is a unique court identifier code only for the Supreme Court and Court of Appeal. These identifiers are:
| Court Identifier | Court |
|---|---|
| NZSC | Supreme Court of New Zealand |
| NZCA | New Zealand Court of Appeal |
The Philippines
Despite the long-standing civil law tradition in the Philippines, reliance on judicial precedents has become indispensable since the period of American rule. Decisions of the Supreme Court are expressly recognized as part of the internal law, and are thus cited with frequency in court decisions or legal pleadings. Even as there is only one Supreme Court in the Philippines, the citation of its decisions varies depending on which reporter of the case is relied upon.Official reporter
The Philippine Reports is the official reporter of decisions of the Supreme Court of the Philippines. The standard format for citation of the Philippine Reports is:- People v. Flores, 442 Phil. 561 (2002)
where:
- People v. Flores is the name of the case
- 442 is the volume number of the Philippine Reports where the case may be found
- Phil. is the standard abbreviation of Philippine Reports
- 561 is the page number in the Philippine Reports which contains the beginning of the decision. If this number is followed by a comma then another page number (i.e., 442 Phil. 561, 563), the latter number indicates the particular page where the annotated text can be found
- (2002) is the year the case was decided.
Unofficial reporter
In the last few decades, the Philippine Reports has suffered from production problems, resulting in long delays in publication, as well as significant gaps within its published series. As a result, the privately published Supreme Court Reports Annotated (published by Central Professional Books, Inc.) has become more widely used than the Philippine Reports, even by the courts. The proper format for citation of the Supreme Court Reports Annotated is:- Fortich v. Corona, G.R. No. 131457, 24 April 1998, 289 SCRA 624
where:
- Fortich v. Corona is the name of the case
- G.R. No. 131457 is the case docket number originally assigned by the Supreme Court at the time the action was filed with the Court
- 24 April 1998 is the exact date the decision of this case was promulgated
- 289 is the volume number of the Supreme Court Reports Annotated where the case may be found
- SCRA is the standard abbreviation of Supreme Court Reports Annotated
- 624 is the page number in the Supreme Court Reports Annotated which contains the beginning of the decision. If this number is followed by a comma then another page number (i.e., 289 SCRA 624, 627), the latter number indicates the particular page where the annotated text can be found
When citing cases which have not yet been reported in the Philippine Reports or the SCRA, the above citation without reference to the SCRA is preferred (i.e., Fortich v. Corona, G.R. No. 131457, 24 April 1988)
Lower court decisions
As there are no official or unofficial reporters that regularly publish decisions of the Court of Appeals and other lower courts, citation of their decisions hews to the same format as cases not reported either in the Philippine Reports or the SCRA. Thus: (case name), (docket number), (Exact date of promulgation of decision).Scotland
The standard case citation formats in Scotland are:| Name of parties | Year of decision, | Year of report | Volume | Series | Court | Page |
|---|---|---|---|---|---|---|
| HM Advocate v Megrahi, | 2000 | JC | 555 | |||
| McFarlane v Tayside Health Board, | 2000 | SC | (HL) | 1 | ||
| Forbes v Underwood, | (1886) | 13 | R (or ‘Rettie’) | 465 | ||
| Smith v Brown, | [2005] | CSIH | 1 |
The Supreme Court has issued a practice note on the use of neutral citation.
United States
The standard case citation format in the United States is:- Roe v. Wade, 410 U.S. 113 (1973).
where:
- Roe v. Wade is the abbreviated name of the case, (the first name Roe is the name of the plaintiff, who is the party who filed the suit for an original case, or the appellant, the party appealing in a case being appealed from a lower court, or the petitioner when litigating in the high court of a jurisdiction; and Wade is the name of the defendant, the party responding to the suit, or the appellee, the party responding to the appeal, or the respondent, when defending in the high court of the jurisdiction.)
- 410 is the volume number of the "reporter" in which the Court's written opinion in the Roe v. Wade is published,
- U.S. is the abbreviation of the reporter, here "U.S." stands for United States Reports,
- 113 is the page number (in volume 410 of United States Reports) where the opinion begins, and
- 1973 is the year in which the court rendered its decision.
This format also allows different cases with the same parties to be easily differentiated. For example, looking for the U.S. Supreme Court case of Miller v. California would yield four cases, some involving different people named Miller, and each involving different issues.
United States Supreme Court
Cases from the Supreme Court of the United States are officially printed in the United States Reports. A citation to the United States Reports looks like this:- Brown v. Board of Education, 347 U.S. 483 (1954).
- Miranda v. Arizona, 384 U.S. 436 (1966).
- Griswold v. Connecticut, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965)
Some very old Supreme Court cases have odd-looking citations, such as Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). The "(1 Cranch)" refers to the fact that, before there was a reporter series known as the United States Reports compiled by the Supreme Court's Reporter of Decisions, cases were gathered, bound together, and sold by private individuals who had contracted with the Court for the right to do so. In this case, the case was first reported in an edition by William Cranch, who was responsible for publishing Supreme Court reports from 1801 to 1815. Such reports, named for the individual who gathered them and hence called "nominative reports," existed from 1790 to 1874.
When a case has been decided, but not yet published in the case reporter, the citation may note the volume but leave blank the page of the case reporter until it is determined. For example, Bowles v. Russell, 551 U.S. ___ (2007).
See the Supreme Court of the United States Reporter of Decisions for other edition names.
In the caption of a Supreme Court case, the first name listed is the name of the petitioning (appealing) party, followed by the party responding (respondent) to the appeal. In most cases, the appealing party was the losing party in the prior court. This is the same practice used in cases in the federal courts of appeal.
Lower federal courts
United States court of appeals cases are published in the Federal Reporter (F., F.2d, or F.3d). United States district court cases and cases from some specialized courts are published in the Federal Supplement (F. Supp. or F. Supp. 2d). Both are published by Thomson West; they are technically unofficial reporters, but have become widely accepted as the de facto "official" reporters of the lower federal courts because of the absence of a true official reporter. (Of the federal appeals and district courts, only one, the D.C. Circuit, has an official reporter, and even that one is rarely used today.)When lower federal court opinions are cited, the citation includes the name of the court. This is placed in the parentheses immediately before the year. Some examples:
- Geary v. Visitation of the Blessed Virgin Mary Parish School, 7 F.3d 324 (3d Cir. 1993) - a case in the Court of Appeals for the Third Circuit
- Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002) - a case in the U.S. District Court for the Middle District of Alabama
State courts
State court decisions are published in several places. Many states have their own official state reporter, which publishes decisions of that state's highest court. These reporters have the same abbreviation (note: this is the traditional abbreviation, not the postal abbreviation) as that of the state's name, regardless of what the actual title of the reporter is. Thus, California Official Reports is abbreviated "Cal.".- Palsgraf v. Long Island R.R. Co., 248 N.Y. 339 (1928) - a case in the New York Court of Appeals
- Green v. Chicago Tribune Co. 286 Ill.App.3d 1 (1 Dist. 1996) - a case in the Illinois Appellate Court, 1st District.
Here are some examples of how to cite West reporters:
- Jackson v. Commonwealth, 583 S.E.2d 780 (Va. Ct. App. 2003) - a case in the Virginia Court of Appeals (an intermediate appellate court) published in the South Eastern Reporter
- Foxworth v. Maddox, 137 So. 161 (Fla. 1931) - a case in the Florida Supreme Court published in the Southern Reporter
- People v. Brown, 282 N.Y.S.2d 497 (1967) - a case in the New York Court of Appeals (New York's highest court) published in the New York Supplement. The case also appears in West's regional reporter: People v. Brown, 229 N.E.2d 192 (N.Y. 1967).
When a case appears in both an official reporter and a regional reporter, either citation can be used. Many lawyers prefer to include both citations. Some state courts require that parallel citations (in this case, citing to both the official reporter and an unofficial regional reporter) be used when citing cases from any court in that state's system.
Some states, notably California and New York, have their own citation systems that differ significantly from the various federal and national standards. Citations in California style put the year between the names of the parties and the reference to the case reporter. Citations in New York style wrap the year in brackets instead of parentheses. Both New York and California wrap an entire citation in parentheses when it is used as a stand-alone sentence. New York puts the terminating period outside the parentheses, but California puts it inside. New York wraps just the reporter and page references in parentheses when the citation is used as a clause.
Either way, both state styles differ from the national/Bluebook style of simply dropping in the citation as a separate sentence without further adornment. Both systems use less punctuation and spacing in their reporter abbreviations.
For example, assuming that it is being placed as a stand-alone sentence, the Brown case above would be cited (using the official reporter) to a New York court as:
- (People v Brown, 20 NY2d 238 [1967]).
- (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57.)[3]
Unpublished decisions
A growing number of court decisions are not published in case reporters. For example, only 7% of the opinions of the California intermediate courts (the Courts of Appeal) are published each year. This is mainly because the editors of reports choose only significant decisions for publication, due to the cost of publishing and the importance of avoiding information overload. It is also argued that this is in part because in many states, especially California, the legislature has failed to expand the judiciary to keep up with population growth (for various political and fiscal reasons). To deal with their crushing caseloads, many judges prefer to write shorter-than-normal opinions that dispose of minor issues in the case in a sentence or two. They avoid publishing such abbreviated opinions, however, so as not to risk creating bad precedents.Attorneys have several options in citing "unpublished" decisions:
- For recently-decided cases which will eventually be published, the docket number from the court can be used as a citation. The same method is used when drafting appeals to refer to prior case history from lower courts.
- Cases which are intentionally left officially unpublished are nonetheless often "published" on computer services, such as LexisNexis and Westlaw. These services have their own citation formats based on serial numbers (issued sequentially from 1 as documents are added to the database each year). A Westlaw citation looks like this: Fuqua Homes, Inc. v. Beattie, No. 03-3587, 2004 WL 2495842 (8th Cir. Nov. 8, 2004).
Vendor-neutral citations
With the rise of the web, many courts placed new cases on websites. Some were published while others never lost their "unpublished" status. The major legal citation systems required cites to the officially published page numbers, in which publishers such as West Publishing claimed a copyright interest. (In view of the decision of the U.S. Supreme Court in Feist Publications v. Rural Telephone Service, that the mere alphabetical listing of telephone subscribers was an inadequate amount of effort to be valid to obtain copyright, the claim of copyright on page numbering of court decisions is probably not valid.)A vendor-neutral citation movement[5] led to provisions being made for citations to web-based cases and other legal materials. A few courts modified their rules to specifically take into account cases "published" on the web.
Pinpoint citations
In practice, most lawyers go one step farther, once they have developed the correct citation for a case using the rules discussed above. Most court opinions contain holdings on multiple issues, so lawyers need to cite to the page that contains the specific holding they wish to invoke in their own case. Such citations are known as pinpoint citations, "pin cites," or "jump cites."For example, in Roe v. Wade, the U.S. Supreme Court held that the word "person" as used in the Fourteenth Amendment does not include the unborn. That particular holding appears on page 158 of the volume in which the Roe decision was published. A full pin cite to Roe for that holding would be as follows:
- Roe v. Wade, 410 U.S. 113, 158 (1973).
- Roe v. Wade, 410 U.S. 113, 158, 93 S. Ct. 705, 729, 35 L. Ed. 2d 147, 180 (1973).
- Roe v. Wade, 410 U.S. 113, 158, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).
Types of citations
There are two types of citations: proprietary and public domain citations. There are many citation guides; the most commonly acknowledged is called the Bluebook, published by students at several eminent law schools, namely Columbia Law Review, Harvard Law Review, University of Pennsylvania Law Review and Yale Law Journal. Public domain citations are those which usually refer to the official reporters and not some kind of publication service such as Westlaw or LexisNexis or some particular legal journal or specialization specific reporter.States with their own unique style for court documents and case opinions also publish their own style guides which include information on their citation rules.
External links
- American Association of Law Libraries Legal Citation Guide
- Introduction to Basic Legal Citation by Peter Martin
- FindLaw for Legal Professionals
See also
References
External links
Law reports or reporters are series of books which contain judicial opinions from a selection of cases that have been decided by the courts.
The term reporter
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The term reporter
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Law reports or reporters are series of books which contain judicial opinions from a selection of cases that have been decided by the courts.
The term reporter
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The term reporter
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Brackets are punctuation marks used in pairs to set apart or interject text within other text. With respect to computer science, the term is sometimes said to only strictly apply to the square or box type.
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Mabo v Queensland (No 2) (commonly known as Mabo) was a landmark Australian court case which was decided by the High Court of Australia on June 3, 1992.
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The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments
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Federal Court of Australia is the Australian court in which most civil disputes, and some summary criminal matters, governed by federal law are decided. Cases are heard at first instance by single Judges.
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The Family Court of Australia is a federal Australian court, created by the Family Law Act 1975 as a specialist court dealing with family law matters, established in 1975 as an initiative of the Whitlam government.
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The Federal Magistrates' Court of Australia was established by the Federal Magistrates Act 1999 (Cth), although its first officers were not appointed until 2000. The court was created to deal with the increasing workload of the Federal Court of Australia and the Family
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The Federal Magistrates' Court of Australia was established by the Federal Magistrates Act 1999 (Cth), although its first officers were not appointed until 2000. The court was created to deal with the increasing workload of the Federal Court of Australia and the Family
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Hunter v. Southam Inc. [1984] 2 S.C.R. 145 is a landmark Supreme Court of Canada privacy rights case and as well is the first Supreme Court decision to consider section 8 of the Canadian Charter of Rights and Freedoms.
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R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, is a landmark decision by Supreme Court of Canada where the Court struck down the Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms.
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R. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause (Section 1) of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights
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R. v. R.D.S. [1997] 3 S.C.R. 484, 1997 SCC 86 is a leading Supreme Court of Canada decision on establishing the rules for determining reasonable apprehension of bias in the court system by judges, and establishing limits to the application of social context in judging.
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Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
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Chaoulli v. Quebec (Attorney General) [2005] 1 S.C.R. 791, 2005 SCC 35 was a decision by the Supreme Court of Canada where the Court ruled that the Quebec Health Insurance Act and the Hospital Insurance Act
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The Canadian Judicial Council is the regulating body for Canadian judges composed mostly of chief justices and associate chief justices of Canada's superior courts. The council deals with complaints against judges and establishes rules of conduct and practice.
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The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1]
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Federal Court of Canada is a defunct national court of Canada set up to resolve some types of disputes arising under the central government's legislative jurisdiction. It consisted of two divisions, a Trial Division and an Appeal Division (more commonly known as the Federal Court
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The Tax Court of Canada, established in 1983 by the Tax Court of Canada Act, is a superior court which deals with matters involving companies or individuals and tax issues with the Government of Canada.
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The Court Martial Appeal Court of Canada hears appeals from military courts which are known as "courts martial." These courts martial have the power to try military personnel, and those civilian personnel that accompany military personnel abroad, for crimes that contraviene the
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England and Wales are both constituent countries of the United Kingdom, that together share a single legal system: English law. Legislatively, England and Wales are treated as a single unit (see State (law)) for the conflict of laws.
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Donoghue (or M’Alister) v Stevenson ([1932A.C. 562, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1]]) is one of the most famous cases in British legal history. The decision of the House of Lords founded the modern tort of negligence (delict in Scotland), both in Scots law
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R. v. Dudley and Stephens ([1884] 14 QBD 273 DC) is a leading English criminal case famous for its establishing the precedent on the use of 'necessity' as a criminal defence, and for its use of the 'slippery slope' argument in formulating its holding.
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England and Wales are both constituent countries of the United Kingdom, that together share a single legal system: English law. Legislatively, England and Wales are treated as a single unit (see State (law)) for the conflict of laws.
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Judicial review is the power of a court to review the actions of public sector bodies in terms of their constitutionality. In some jurisdictions it is also possible to review the constitutionality of the law itself.
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Germany
This article is part of the series:
Politics of Germany
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This article is part of the series:
Politics of Germany
- Constitution
- Federal Council (Bundesrat)
- Federal Diet (Bundestag)
- Federal Assembly
(Bundesversammlung) - Constitutional Court
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Germany
This article is part of the series:
Politics of Germany
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This article is part of the series:
Politics of Germany
- Constitution
- Federal Council (Bundesrat)
- Federal Diet (Bundestag)
- Federal Assembly
(Bundesversammlung) - Constitutional Court
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penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. This usage is synonymous with criminal law and is covered in that article.
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Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems.
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The Bundessozialgericht (German for Federal Social Court) is the German federal court of appeals for social security cases, mainly cases concerning public health insurance, long-term care insurance, pension insurance and occupational accident insurance plans.
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