In common law countries with an adversarial system of justice, the names of the opposing parties are separated in the case title by the abbreviation v (usually written as v in Commonwealth countries and usually as v. in the U.S.[2]) of the Latin word versus, which means against. When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee.
Bs 1881 Part 124 Pdf 14l
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During oral arguments in Planned Parenthood v. Casey (1992), the participants demonstrated the lack of consensus on the pronunciation of "v.", using different pronunciations. Solicitor General Ken Starr even managed to use all three of the most common American pronunciations interchangeably:[9]
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 (e.g., R v RDS). Criminal cases are prosecuted by the Crown, which is always represented by R for Regina (queen) or Rex (king). Reference questions (advisory opinions) are always entitled Reference re followed by the subject title.
If the year of decision is the same as the year of the report and the date is a part of the reporter's citation, then the date need not be listed after the style of cause. If the date of the decision is different from the year of the report, then both should be shown.
Citations of decisions published in a reporter usually consist of the name or abbreviation of the reporter, the year or volume, the page number where the decision begin (sometimes followed by an identifying number if more than one judgment is on a page), as well as the name or abbreviation of the court which decided the case. As an example, the "Aalborg Kloster-judgment", a precedent-setting Supreme Court judgment regarding strict liability, is published in Ugeskrift for Retsvæsen volume 1968 as the second judgment on page 84. A citation of this case could take the form U.1968.84/2H, UfR 1968 84/2 H, Ugeskrift for Retsvæsen 1968, p. 84/2, or something similar. In this case U, UfR and Ugeskrift for Retsvæsen identify the reporter, 1968 identifies the year or volume, 84 identifies the starting page, /2 indicates that the judgment is the second one on that particular page, and H identifies the court which decided the case.
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.
Despite the long-standing civil law tradition in the Philippines, reliance on judicial precedents has become indispensable since the period of American rule. Supreme Court decisions are expressly recognized as part of the internal law, and are thus frequently cited in court decisions and legal pleadings. Though there is only one Supreme Court in the Philippines, the citation of its decisions varies, depending on which reporter of a case is relied on by the person citing that case.
Officially published cases are cited as BGE 133 II 292 [E. 3.2 S. 296] (German: Bundesgerichtsentscheide) or ATF 133 II 292 [consid. 3.2 p. 296] (French: arrêts du tribunal fédéral). In this example, 133 is the annual issue of the court reports, II the part indicating the division of the Court, and 292 the page on which the decision begins. Optionally, "E. 3.2" and "S. 296" are the section and page specifically cited.
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 (e.g. Admin, Ch, Crim, Pat).
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:
Two main unofficial law reports report all areas of law: the Weekly Law Reports (WLR) and the All England Reports (All ER). In addition, a number of unofficial specialist law reports focus on particular areas, e.g., Entertainment and Media Law Reports (EMLR) or the Criminal Appeal Reports (Cr App R).
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.
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 privately by the Court's Reporter of Decisions. In this example, Marbury 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. Beginning in 1874, the U.S. government created the United States Reports, and at the same time simultaneously numbered the volumes previously published privately as part of a single series and began numbering sequentially from that point. In this way, "5 U.S. (1 Cranch)" means that it is the 5th overall volume of the United States Reports series, but the first that was originally published by William Cranch; four volumes of opinions prior to that were (for example) published by Alexander Dallas (for example, "4 U.S. (4 Dall.)"), and after Cranch's 9 volumes, 12 more were published by Henry Wheaton (e.g., "15 U.S. (2 Wheat.)"). See the Supreme Court of the United States Reporter of Decisions for other edition names. The name of the reporter of decisions has not been used in citations since the U.S. government began printing the United States Reports.
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 no longer the practice used in cases in the federal courts of appeal, in which the original alignment of parties from the lower court is preserved.
Some states, notably California and New York, have their own citation systems that differ significantly from the various federal and national standards.[26] In California, the year is placed between the names of the parties and the reference to the case reporter; in New York, the year is wrapped in brackets instead of parentheses, while California uses brackets for parenthetical explanations of a case's holding or relevance. Both New York and California styles wrap an entire citation in parentheses when used as a stand-alone sentence to support the preceding sentence, although New York places the terminating period outside the parentheses, whereas California places it inside. New York wraps just the reporter and page references in parentheses when the citation is used as a clause.[citation needed]
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.[citation needed]
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:
There are two types of citations: proprietary and public domain citations. There are many citation guides; the most commonly acknowledged is called The Bluebook: A Uniform System of Citation, compiled by the Columbia Law Review, Harvard Law Review, University of Pennsylvania Law Review, and Yale Law Journal. Public domain citations refer to the official reporters, rather than a publication service such as Westlaw, LexisNexis, particular legal journals, or specialization-specific reporters. 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.[citation needed] 2ff7e9595c
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