Misplaced Pages

#353646

60-468: The United States Court of Appeals for the Second Circuit (in case citations , 2d Cir. ) is one of the thirteen United States Courts of Appeals . Its territory covers the states of Connecticut , New York , and Vermont , and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts : The Second Circuit has its clerk's office and courtrooms at

120-535: 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

180-460: A verbose original: "To the extent that policymakers and elite opinion in general have made use of economic analysis at all, they have, as the saying goes, done so the way a drunkard uses a lamppost: for support, not illumination", can be quoted succinctly as: "[P]olicymakers [...] have made use of economic analysis [...] the way a drunkard uses a lamppost: for support, not illumination." When nested parentheses are needed, brackets are sometimes used as

240-416: A 'left' or 'right' bracket or, alternatively, an "opening bracket" or "closing bracket", respectively, depending on the directionality of the context. In casual writing and in technical fields such as computing or linguistic analysis of grammar , brackets nest , with segments of bracketed material containing embedded within them other further bracketed sub-segments. The number of opening brackets matches

300-408: A different order of operations . For example: in the usual order of algebraic operations, 4 × 3 + 2 equals 14, since the multiplication is done before the addition . However, 4 × (3 + 2) equals 20, because the parentheses override normal precedence, causing the addition to be done first. Some authors follow the convention in mathematical equations that, when parentheses have one level of nesting,

360-524: 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

420-403: A parenthesis. Again, the parenthesis implies that the meaning and flow of the bracketed phrase is supplemental to the rest of the text and the whole would be unchanged were the parenthesized sentences removed. The term refers to the syntax rather than the enclosure method: the same clause in the form "Mrs. Pennyfarthing – What? Yes, that was her name! – was my landlady"

480-502: A substitute for the inner pair of parentheses within the outer pair. When deeper levels of nesting are needed, convention is to alternate between parentheses and brackets at each level. Alternatively, empty square brackets can also indicate omitted material, usually single letter only. The original, "Reading is also a process and it also changes you." can be rewritten in a quote as: It has been suggested that reading can "also change[] you". In translated works, brackets are used to signify

540-542: Is a notation that was pioneered by Berzelius , who wanted chemical formulae to more resemble algebraic notation, with brackets enclosing groups that could be multiplied (e.g. in 3(AlO 2 + 2SO 3 ) the 3 multiplies everything within the parentheses). In chemical nomenclature , parentheses are used to distinguish structural features and multipliers for clarity, for example in the polymer poly(methyl methacrylate) . [ and ] are square brackets in both British and American English, but are also more simply brackets in

600-437: Is also a parenthesis. (In non-specialist usage, the term "parenthetical phrase" is more widely understood. ) In phonetics , parentheses are used for indistinguishable or unidentified utterances. They are also seen for silent articulation (mouthing), where the expected phonetic transcription is derived from lip-reading, and with periods to indicate silent pauses, for example (...) or (2 sec) . An unpaired right parenthesis

660-845: Is also used in British English. Parentheses contain adjunctive material that serves to clarify (in the manner of a gloss ) or is aside from the main point. A comma before or after the material can also be used, though if the sentence contains commas for other purposes, visual confusion may result. A dash before and after the material is also sometimes used. Parentheses may be used in formal writing to add supplementary information, such as "Senator John McCain ( R  - Arizona) spoke at length". They can also indicate shorthand for " either singular or plural " for nouns, e.g. "the claim(s)". It can also be used for gender-neutral language , especially in languages with grammatical gender , e.g. "(s)he agreed with his/her physician" (the slash in

SECTION 10

#1732765270354

720-435: 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 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

780-444: Is in any way altered, the alterations are enclosed in square brackets within the quotation to show that the quotation is not exactly as given, or to add an annotation . For example: The Plaintiff asserted his cause is just, stating, [m]y causes is [ sic ] just. In the original quoted sentence, the word "my" was capitalized: it has been modified in the quotation given and the change signalled with brackets. Similarly, where

840-404: Is in doubt". Or one can quote the original statement "I hate to do laundry" with a (sometimes grammatical) modification inserted: He "hate[s] to do laundry". Additionally, a small letter can be replaced by a capital one, when the beginning of the original printed text is being quoted in another piece of text or when the original text has been omitted for succinctness— for example, when referring to

900-588: 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

960-479: 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

1020-436: Is often used as part of a label in an ordered list, such as this one: a) educational testing, b) technical writing and diagrams, c) market research , and d) elections . Traditionally in accounting , contra amounts are placed in parentheses. A debit balance account in a series of credit balances will have parenthesis and vice versa. Parentheses are used in mathematical notation to indicate grouping, often inducing

1080-687: 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 ,

1140-572: 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

1200-586: The Federal Social Court ( Bundessozialgericht , BSG) is abbreviated BSGE  [ de ] . The official collection of the Federal Fiscal Court ( Bundesfinanzhof , BFH) is BFHE  [ de ] . Bracket A bracket is either of two tall fore- or back-facing punctuation marks commonly used to isolate a segment of text or data from its surroundings. They come in four main pairs of shapes, as given in

1260-521: 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,

SECTION 20

#1732765270354

1320-520: The International Code of Nomenclature of Prokaryotes (ICNP) requires the use of the abbreviation "subgen". as well, e.g., Acetobacter (subgen. Gluconoacetobacter ) liquefaciens . Parentheses are used in chemistry to denote a repeated substructure within a molecule, e.g. HC(CH 3 ) 3 ( isobutane ) or, similarly, to indicate the stoichiometry of ionic compounds with such substructures: e.g. Ca(NO 3 ) 2 ( calcium nitrate ). This

1380-598: The Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan . Because the Second Circuit includes New York City , it has long been one of the largest and most influential American federal appellate courts, especially in matters of contract law , securities law , and antitrust law . In the 20th century, it came to be considered one of the two most prestigious federal appellate courts, along with

1440-767: The U.S. Court of Appeals for the District of Columbia Circuit . Several notable judges have served on the Second Circuit, including three later named Associate Justices of the United States Supreme Court : John Marshall Harlan II , Thurgood Marshall , and Sonia Sotomayor . Judge Learned Hand served on the court from 1924 to 1961, as did his cousin, Augustus Noble Hand , from 1927 until 1953. Judge Henry Friendly served from 1959 to 1986. As of July 13, 2024: Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless

1500-550: 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

1560-505: The em dash is currently used in alternatives, such as "parenthesis)(parentheses". Examples of this usage can be seen in editions of Fowler's Dictionary of Modern English Usage . Parentheses may be nested (generally with one set (such as this) inside another set). This is not commonly used in formal writing (though sometimes other brackets [especially square brackets] will be used for one or more inner set of parentheses [in other words, secondary {or even tertiary} phrases can be found within

1620-566: 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:

1680-513: 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

1740-509: 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

1800-463: The Wolfram language, parentheses are used to indicate grouping – for example, with pure anonymous functions. If it is desired to include the subgenus when giving the scientific name of an animal species or subspecies , the subgenus's name is provided in parentheses between the genus name and the specific epithet . For instance, Polyphylla ( Xerasiobia ) alba is a way to cite

1860-536: The box to the right, which also gives their names, that vary between British and American English . "Brackets", without further qualification, are in British English the ( ... ) marks and in American English the [ ... ] marks. Other minor bracket shapes exist, such as (for example) slash or diagonal brackets used by linguists to enclose phonemes . Brackets are typically deployed in symmetric pairs, and an individual bracket may be identified as

United States Court of Appeals for the Second Circuit - Misplaced Pages Continue

1920-415: 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

1980-478: The circuit justice (the Supreme Court justice responsible for the circuit) is also on 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

2040-455: The citation of law reports to identify parallel citations to non-official reporters. For example: Chronicle Pub. Co. v Superior Court (1998) 54 Cal.2d 548, [7 Cal.Rptr. 109] In some other countries (such as England and Wales ), square brackets are used to indicate that the year is part of the citation and parentheses are used to indicate the year the judgment was given. For example: National Coal Board v England [1954] AC 403 This case

2100-635: 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 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 thirteen seats for active judges, numbered in

2160-483: 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

2220-521: The enclosed text is italic. However, in other languages like German , if brackets enclose text in italics, they are usually also set in italics. ( and ) are parentheses / p ə ˈ r ɛ n θ ɪ s iː z / (singular parenthesis / p ə ˈ r ɛ n θ ɪ s ɪ s / ) in American English, and either round brackets or simply brackets in British English. They are also known as "parens" / p ə ˈ r ɛ n z / , "circle brackets", or "smooth brackets". In formal writing, "parentheses"

2280-509: 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

2340-419: 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)

2400-692: The inner pair are parentheses and the outer pair are square brackets. Example: Parentheses are included in the syntaxes of many programming languages . Typically needed to denote an argument; to tell the compiler what data type the Method/Function needs to look for first in order to initialise. In some cases, such as in LISP , parentheses are a fundamental construct of the language. They are also often used for scoping functions and operators and for arrays. In syntax diagrams they are used for grouping, such as in extended Backus–Naur form . In Mathematica and

2460-546: 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

United States Court of Appeals for the Second Circuit - Misplaced Pages Continue

2520-467: The latter. An older name for these brackets is "crotchets". Square brackets are often used to insert explanatory material or to mark where a [word or] passage was omitted from an original material by someone other than the original author, or to mark modifications in quotations. In transcribed interviews, sounds, responses and reactions that are not words but that can be described are set off in square brackets — "... [laughs] ...". When quoted material

2580-411: The main parenthetical sentence]). A parenthesis in rhetoric and linguistics refers to the entire bracketed text, not just to the enclosing marks used (so all the text in this set of round brackets may be described as "a parenthesis"). Taking as an example the sentence "Mrs. Pennyfarthing (What? Yes, that was her name!) was my landlady.", the explanatory phrase between the parentheses is itself called

2640-1020: 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

2700-570: 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

2760-531: 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

2820-427: The number of closing brackets in such cases. Various forms of brackets are used in mathematics , with specific mathematical meanings, often for denoting specific mathematical functions and subformulas . Angle brackets or chevrons ⟨ ⟩ were the earliest type of bracket to appear in written English . Erasmus coined the term lunula to refer to the round brackets or parentheses (   ) recalling

2880-406: 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

2940-450: 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

3000-562: 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,

3060-504: 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

SECTION 50

#1732765270354

3120-500: The quotation contained a grammatical error (is/are), the quoting author signalled that the error was in the original with "[ sic ]" (Latin for 'thus'). A bracketed ellipsis , [...], is often used to indicate omitted material: "I'd like to thank [several unimportant people] for their tolerance [...]" Bracketed comments inserted into a quote indicate where the original has been modified for clarity: "I appreciate it [the honor], but I must refuse", and "the future of psionics [see definition]

3180-501: 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

3240-470: The same word or phrase in the original language to avoid ambiguity. For example: He is trained in the way of the open hand [karate]. Style and usage guides originating in the news industry of the twentieth century , such as the AP Stylebook , recommend against the use of square brackets because "They cannot be transmitted over news wires ." However, this guidance has little relevance outside of

3300-528: The second instance, as one alternative is replacing the other, not adding to it). Parenthetical phrases have been used extensively in informal writing and stream of consciousness literature. Examples include the southern American author William Faulkner (see Absalom, Absalom! and the Quentin section of The Sound and the Fury ) as well as poet E. E. Cummings . Parentheses have historically been used where

3360-425: The section of a dictionary entry which contains the etymology of the word the entry defines. Brackets (called move-left symbols or move right symbols ) are added to the sides of text in proofreading to indicate changes in indentation: Square brackets are used to denote parts of the text that need to be checked when preparing drafts prior to finalizing a document. Square brackets are used in some countries in

3420-559: The shape of the crescent moon ( Latin : luna ). Most typewriters only had the left and right parentheses. Square brackets appeared with some teleprinters. Braces (curly brackets) first became part of a character set with the 8-bit code of the IBM 7030 Stretch . In 1961, ASCII contained parentheses, square, and curly brackets, and also less-than and greater-than signs that could be used as angle brackets. In English, typographers mostly prefer not to set brackets in italics , even when

3480-403: The species Polyphylla alba while also mentioning that it is in the subgenus Xerasiobia . There is also a convention of citing a subgenus by enclosing it in parentheses after its genus, e.g., Polyphylla ( Xerasiobia ) is a way to refer to the subgenus Xerasiobia within the genus Polyphylla . Parentheses are similarly used to cite a subgenus with the name of a prokaryotic species, although

3540-413: 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

3600-524: The technological constraints of the industry and era. In linguistics, phonetic transcriptions are generally enclosed within square brackets, whereas phonemic transcriptions typically use paired slashes , according to International Phonetic Alphabet rules. Pipes (| |) are often used to indicate a morphophonemic rather than phonemic representation. Other conventions are double slashes (⫽ ⫽), double pipes (‖ ‖) and curly brackets ({ }). In lexicography , square brackets usually surround

#353646