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Federal Cases

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Case citation is a system used by legal professionals to identify past court case decisions, either in 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.

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36-705: Federal Cases, circuit and district courts, 1789–1880 (in case citations , abbreviated F. Cas. ) was a reporter of cases decided by the United States district and circuit courts between 1789 and 1880. It is part of the National Reporter System . In 1880, West Publishing Company began reporting decisions from all federal courts in the Federal Reporter , and the Federal Reporter soon became established as

72-535: A serial number . Citations to these reporters use the serial number in place of a page number. If a decision has not been published in a reporter, more identifying information is needed. Generally, citations to unreported cases involve the name of the court , the date of the decision and the case number assigned by the court. For example: Sø- og Handelsrettens dom af 3. maj 2018 i sag nr. V-17-17 (The Maritime and Commercial Court 's judgment of May 3 in case no. V-17-17). Certain authors format these citations to mimic

108-597: A few more cases (and other miscellaneous materials) omitted the first time around. Of course, many of the cases published in Federal Cases cited other cases published in Federal Cases, but the original text of each opinion would have cited to the volumes and pages of the various reporters in which those cases had originally been published. Since the entire point of the project was to supersede those old reporters, all cases published in Federal Cases were edited so that all such citations were replaced with citations to

144-443: A future reporter that did not yet exist; but case citations normally began (and still begin) with the case title, which would usually remain the same. The disadvantage of alphabetical order is that it makes sense only if all the cases to be included were gathered at the beginning. In an era before modern computerized databases, errors were inevitable, with the result that volume 30 ran through Z, then started over again at A to include

180-554: Is found only at large law libraries. Case citation A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of

216-588: 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

252-479: Is now [2005] 1 SCR 791. Most full stops are also removed from styles of cause. The seventh edition also further highlights the significance of neutral citations (i.e., tribunal-assigned citations that are publisher-independent). 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

288-687: Is the citation by using the European Case Law Identifier , a ″neutral″ citation system introduced by the Council of the European Union in 2011, which Germany is participating in. The most important cases of the Federal Constitutional Court are published by the court in its official collection. This collection is abbreviated BVerfGE , whereas BVerfG is short for Bundesverfassungsgericht ,

324-1115: Is the necessary consequence of Roe vee Wade. Legal citation in Australia generally mirrors the methods of citation used in England . A widely used guide to Australian legal citation is the Australian Guide to Legal Citation , commonly known as AGLC, published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . The standard case citation format in Australia is: As in Canada , there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles. Each court in Australia may cite

360-646: The Federal Social Court ( Bundessozialgericht , BSG) is abbreviated BSGE  [ de ] . The official collection of the Federal Fiscal Court ( Bundesfinanzhof , BFH) is BFHE  [ de ] . WorldLII The Free Access to Law Movement ( FALM ) is the international organization devoted to providing free online access to legal information such as case law , legislation , treaties , law reform proposals and legal scholarship. The movement began in 1992 with

396-528: The West American Digest System . Republishing all those old cases within the NRS framework meant that subsequent generations of lawyers and judges would be able to resort solely to West reporters to access the entire extant universe of post-1789 case law from all federal courts inferior to the U.S. Supreme Court. Federal Cases was published in 30 numbered volumes from 1894 to 1897. Unlike

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432-566: The "short citation" of published cases. The Danish Court Administration is currently working on a public database which will make all judgments available to the public (currently only the Supreme Court as well as the Maritime and Commercial Court do this). The database is expected to implement the European Case Law Identifier , which will make uniform, neutral citations of decisions possible. In Germany there are two types of citation:

468-513: The German article . If decisions are not yet published by the court, or will not be published at all, law journals can be cited, e.g., Where NJW stands for the law journal Neue Juristische Wochenschrift , 2009 is the year, 1234 the page of the beginning and 1235 the cited page(s) – "f." stands for "seq.". In general, citations of the official collections are preferred. The Federal Court of Justice ( Bundesgerichtshof , short BGH) publishes

504-509: 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 panel of the court. The so-called Volkszählungsurteil  [ de ] for example could be cited in full and in short. For the meaning of the different case numbers of the BVerfG see

540-616: The U.S. ) 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 . Most Commonwealth countries follow English legal style: In the United States , there is no consensus on the pronunciation of the abbreviation v. This has led to much confusion about the pronunciation and spelling of court cases: During oral arguments in Planned Parenthood v. Casey (1992),

576-399: The appropriate Federal Cases case numbers. At the end of the project, a 31st volume was subsequently published which contained only a digest and various tables (that is, a navigation guide to the content already published); thus, some law library catalogs show Federal Cases as consisting of 31 volumes. Because the cases published in Federal Cases are so old, it is rarely consulted and

612-415: The case in a law report. The standard format looks like this: There is a unique court identifier code for most courts. Denmark has no official standard or style guide governing case citation. However, most case citations include the same elements. 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

648-526: The creation of the Legal Information Institute (LII) by Thomas R. Bruce and Peter W. Martin at Cornell Law School . Some later FALM projects incorporate Legal Information Institute or LII in their names, usually prefixed by a national or regional identifier. The FALM website lists 63 active members as of July 2017, together with the coverage (geographical area or political grouping) for which each member provides databases, and

684-483: 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

720-490: The following information: Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers and browsers , pinpoint quotations refer to paragraph numbers. 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

756-509: 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. Certain reporters, such as Tidsskrift for Skatter og Afgifter, do not identify published decisions by page number, but by

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792-419: 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. A third type (yet not too widely spread)

828-546: The late 1990s, however, much of the legal community has converged to a single standard—formulated in The Canadian Guide to Uniform Legal Citation / Manuel canadien de la référence juridique , commonly known as the " McGill Guide " after the McGill Law Journal , which first published it. The following format reflects this standard: Broken into its component parts, the format is: The Style of Cause

864-401: The leading unofficial reporter for the federal circuit and district courts. But opinions of those courts issued prior to 1880 had been previously published in a variety of separate reporters from dozens of private entrepreneurs. Before the start of the Federal Reporter , approximately 327 reporter volumes had been published under the supervision of 87 different editors. Federal Cases , then,

900-406: The official collections BGHSt  [ de ] for its criminal law decisions and BGHZ  [ de ] for those in private law . The Katzenkönigfall  [ de ] e.g. would be cited in full and in short (in this example, the page cited is not specifically page 347 but that and those which follow, as indicated by the abbreviation "ff."). The official collection of

936-509: The opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such as WorldLII and AfricanLII , that are operated by members of the Free Access to Law Movement . The resulting flood of non-paginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This usually contains

972-654: 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: This is the process of analysis that is quite familiar to the Court, very lengthily laid out by Justice Harlan in his dissent in Poe versus Ullman, and then adumbrated in his concurring opinion in Griswold against Connecticut. ... Well, I think that that

1008-562: The print citation. For example, This format was adopted as the standard in 2006, in the sixth edition of the McGill Guide. Prior to this format, the opposite order of parallel citation was used. The seventh edition of the McGill Guide, published 2010-08-20, removes most full stop/period (".") characters from the citations, e.g., a citation to the Supreme Court Reports that previously would have been [2005] 1 S.C.R. 791,

1044-504: The publication of the case in a law report. Most cases are now published on AustLII using neutral citations. The standard format looks like this: So the above-mentioned Mabo case would then be cited like this: Mabo v Queensland (No 2) [1992] HCA 23. There is a unique court identifier code for most courts. The court and tribunal identifiers include: There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since

1080-501: The same case slightly differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . 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

1116-413: 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. Where available, cases should be cited with their neutral citation immediately after the style of cause and preceding

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1152-450: The vast majority of reporters which publish cases in chronological order, the contents of Federal Cases were arranged in alphabetical order based on the first letter of each case title. Each of the cases was assigned a sequential number by West, for a total of 18,313 opinions. The advantage of publishing in alphabetical order was that the cases published in Federal Cases would not have cited to each other based on their volume and page in

1188-506: The world, meeting in Montreal, declare that, Public legal information means legal information produced by public bodies that have a duty to produce law and make it public. It includes primary sources of law, such as legislation, case law and treaties, as well as various secondary (interpretative) public sources, such as reports on preparatory work and law reform, and resulting from boards of inquiry. It also includes legal documents created as

1224-594: The year in which it became a member of FALM, as well as links to member websites. In October 2002 the meeting of LIIs in Montreal at the 4th Law via Internet Conference, made the following declaration as a joint statement of their philosophy of access to law. There were some further modifications of the Declaration at the Sydney meeting of LIIs in 2003 and at the Paris meeting in 2004. Legal information institutes of

1260-501: The year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply square brackets "[year]" to the publication year (which may not be the year that the case was decided: for example, a case decided in December 2001 may have been reported in 2002). The Internet brought with it

1296-434: Was West Publishing's attempt to collect and republish all federal opinions from 1789 to 1880 in a single reporter which would be part of its National Reporter System , just like the Federal Reporter . That is, as with other NRS reporters, the cases included were annotated by West attorney-editors with "headnotes" summarizing their holdings, and the headnotes were then indexed for easy cross-referencing to similar cases through

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