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54-734: The United States Court of Appeals for the Ninth Circuit (in case citations , 9th Cir. ) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts : The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands . Additionally, it sometimes handles appeals that originate from American Samoa , which has no district court and partially relies on

108-535: 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

162-563: A House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split. Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit such as: The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and

216-439: A circuit judge. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. The court has 29 seats for active judges, numbered in

270-524: 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 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

324-452: A term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as

378-521: Is a relatively rare occurrence in all circuits and Ninth Circuit rules provide for full en banc review in limited circumstances. All recently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited en banc procedure was first adopted. In other words, after a split at least one of the circuits would still be using limited en banc courts. In March 2007, Associate Justices Anthony Kennedy and Clarence Thomas testified before

432-588: 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

486-539: Is not national in scope....It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do." From 1999 to 2008, of the Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for

540-479: 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

594-687: 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 ,

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648-572: 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 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

702-546: The Federal Social Court ( Bundessozialgericht , BSG) is abbreviated BSGE  [ de ] . The official collection of the Federal Fiscal Court ( Bundesfinanzhof , BFH) is BFHE  [ de ] . Bankruptcy Appellate Panel A Bankruptcy Appellate Panel (abbreviated BAP ) is authorized by 28 U.S.C. § 158(b) to hear, with the consent of all parties, appeals from

756-521: 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 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,

810-657: The High Court of American Samoa in Fagatogo . The Ninth Circuit's large size is due to the dramatic increases in both the population of the western states and the court's geographic jurisdiction that have occurred since the U.S. Congress created the Ninth Circuit in 1891. The court was originally granted appellate jurisdiction over federal district courts in California , Idaho , Montana , Nevada , Oregon , and Washington . As new states and territories were added to

864-729: The James R. Browning U.S. Court of Appeals Building , and Pasadena at the Richard H. Chambers U.S. Court of Appeals . Panels of the court occasionally travel to hear cases in other locations within the circuit. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California and Arizona are heard in Pasadena, and cases from northern California, Nevada , Hawaii , and

918-550: 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), 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

972-615: The United States Court for China during the existence of that court from 1906 through 1943. However, the Philippines was never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals. Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States . In 1979,

1026-485: The United States district courts . The first circuits to establish Bankruptcy Appellate Panels were the Ninth Circuit (in 1979) and the First Circuit (in 1980). The aftermath of the landmark Northern Pipeline Co. v. Marathon Pipe Line Co. case in 1982 had different effects on the two circuits. Even though the U.S. Supreme Court did not directly address the constitutionality of the panels in that decision,

1080-463: The federal judicial circuits have convened a BAP. As of 2011 , only the First , Sixth , Eighth , Ninth , and Tenth Circuits had convened these panels. The Bankruptcy Reform Act of 1978 permitted federal judicial circuits to establish Bankruptcy Appellate Panels to hear appeals from the bankruptcy courts. Those circuits which chose not to establish panels would have bankruptcy appeals heard by

1134-503: 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:

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1188-517: The Bankruptcy Reform Act of 1994, which included an amendment of 28 U.S.C.   § 158 (the statute governing appeals in bankruptcy cases) to require all circuits to establish a BAP unless the judicial council of a circuit found that (1) there were insufficient judicial resources in the circuit to do so, or (2) the establishment of a BAP would result in undue delay or increased cost to parties in bankruptcy cases. In 1996,

1242-575: The Court of Appeals for the Hollywood Circuit." Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, Montana, and Nevada. Judge Andrew J. Kleinfeld , who maintains his judicial chambers in Fairbanks, Alaska , wrote in a letter in 1998: "Much federal law

1296-707: The District of Hawaii for its federal cases. Headquartered in San Francisco, California , the Ninth Circuit is by far the largest of the 13 U.S. Courts of Appeals, covering a total of nine states and two territories and with 29 active judgeships. The court's regular meeting places are Seattle at the William Kenzo Nakamura United States Courthouse , Portland at the Pioneer Courthouse , San Francisco at

1350-457: The First Circuit held that the emergency rules adopted after the decision was rendered pre-empted the use of their BAP, and subsequently disbanded it. The Ninth Circuit disagreed, holding that because the BAP was supervised by the Court of Appeals, and because the BAP's decisions could be appealed to the Court of Appeals, it was constitutional and could therefore continue. In 1994, Congress enacted

1404-591: The First Circuit reestablished its BAP, and four new panels were created in the Second, Sixth, Eighth, and Tenth Circuits. The Seventh Circuit deferred making a decision, and the remaining five circuits declined to create a BAP. The Second Circuit BAP ceased operations on July 1, 2000. The BAP in each judicial circuit has its own local rules of practice, in addition to the Federal Rules of Bankruptcy Procedure and Federal Rules of Appellate Procedure . Parties to

1458-513: 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

1512-509: 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

1566-598: The Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978 . The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving the Wheel of Fortune star Vanna White , Circuit Judge Alex Kozinski sardonically noted that "[f]or better or worse, we are

1620-408: The Ninth Circuit faces several adverse consequences of its large size, such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual en banc process." Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of

1674-475: The Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand. Fitzpatrick also noted that the 9th Circuit was unanimously reversed more than three times as often as the least reversed circuits and over 20% more often than the next closest circuit. Many commentators have argued that

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1728-408: The Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. As of November 15, 2023: Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on

1782-765: The Pacific territories are heard in San Francisco. Additionally, the court holds yearly sittings in Anchorage and Honolulu . For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel. Ninth Circuit judges are also appointed by the United States Secretary of the Interior to serve as temporary acting Associate Justices for non-federal appellate sessions at

1836-415: 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

1890-483: 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

1944-441: The decisions of the United States bankruptcy courts in their district that otherwise would be heard by district courts , but only in those districts in which the district judges authorize appeals to BAPs. BAPs typically sit as three-judge panels composed of bankruptcy judges appointed from the circuit's districts, with the restriction that no judge may participate in an appeal arising from that judge's own district. Not all of

1998-853: The federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired Territory of Hawaii in 1900, Arizona upon its admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977. The Ninth Circuit also had jurisdiction over certain American interests in China , in that it had jurisdiction over appeals from

2052-509: 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

2106-419: 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)

2160-546: 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

2214-1020: 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

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2268-518: 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 is the necessary consequence of Roe vee Wade. Legal citation in Australia generally mirrors

2322-471: 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. ) 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

2376-406: 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

2430-418: The order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats. 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

2484-415: The other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases. However, a detailed study in 2018 reported by Brian T. Fitzpatrick , a law professor at Vanderbilt University , looked at how often a federal circuit court was reversed for every thousand cases it terminated on the merits between 1994 and 2015. The study found that

2538-500: The panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for

2592-474: The particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a limited en banc review by the Chief Judge and a panel of 10 randomly selected judges. This means that en banc reviews may not actually reflect

2646-562: 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,

2700-504: 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

2754-501: 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

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2808-414: The same period. From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79% of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent. Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than

2862-413: 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

2916-417: The views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty in the district courts and within the bar. However, en banc review

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