Misplaced Pages

Revision as of 22:09, 10 May 2015

This guideline is a part of the English Misplaced Pages's Manual of Style. It is a generally accepted standard that editors should attempt to follow, though occasional exceptions may apply. Any substantive edit to this page should reflect consensus. When in doubt, discuss first on the talk page.

Shortcuts MOS:LAW MOS:LEGAL

Templates

Citation templates

• To cite a simple court case the first time, use template {{Cite court}}

WikiProject templates

• Use the WikiProject Law template

Stub templates

• Use the {{law-stub}} template for law related stubs

Navigation templates

• {{Template:ContractLaw}}
• {{Template:TortLaw}}
• {{Template:PropertyLaw}}
• {{Template:CrimLaw}}
• {{Template:EvidenceLaw}}

General considerations

• In articles that cover multiple jurisdictions, aim to provide an international overview. Keep in mind that there are several types of legal system (e.g., civil law, sharia law, common law, customary law). Within a given legal system, the law may have evolved in divergent ways. Because the law differs between jurisdictions, make clear what jurisdiction you are writing about. Try to incorporate a comparative perspective, if possible and appropriate.
• Use plain language, understandable to the widest possible audience. Consider Wikibooks if you want to write a textbook.
• Provide some depth and detail worthy of an encyclopedia
• For Latin words and phrases, consider one of the following:
  • Use {{lang}}: {{lang|la|Nolo contendere}}. This results in Nolo contendere.
  • Include a wiki-link: Nolo contendere.

Article titles

Articles on cases should be titled according to the legal citation convention for the jurisdiction that handled the case.

• In Australia, Australian Guide to Legal Citation format.
• In Canada, McGill Guide format.
• In New Zealand, New Zealand Law Style Guide format.
• In the United Kingdom, OSCOLA format. This would result in (note lack of punctuation):

• In re D'Jan of London Limited being titled as Re D'Jan of London Ltd;
• Regina v. Dudley and Stephens being titled as R v Dudley and Stephens; and
• Siebe Gorman & Co Ltd v Barclays Bank Ltd being titled as shown.

• In the United States, Bluebook format, normally. This would result in (note the punctuation):

• United States v. Microsoft Corporation being titled as United States v. Microsoft Corp.;
• Bailey v. Drexel Furniture Co. being titled as shown; and
• Carter v. Carter Coal Company being titled as Carter v. Carter Coal Co.

• Judicial Committee of the Privy Council cases may be titled according to OSCOLA format or the format for the jurisdiction from which the case originated.

Article content

Broad areas of law

• Articles about broad areas of law, such as Tort, should contain an overview of the law as it stands, and its development.
• Avoid becoming overly technical.

Writing about particular cases

• Start with a summary why the case is encyclopedic. What is its impact on society, what makes it stand out from all the other cases heard this year?
• Summary in fairly plain language, for a lay audience, possibly followed by a more detailed introduction. For those who do not read the whole decision, this is sufficient for a start.
• The legal details, for those who need to better understand the legal issues involved and how the court arrived at its decision.

Writing about particular concepts

• Provide a framework for the concept. E.g. – Contextualise trespass as a tort.
• Link to landmark cases which define the concept

Formatting

• Legal case names are always italicized (Plessy v. Ferguson).
• In article text (for citations, see below), the first mention of a case should normally be formatted as A v. B. Cases from some jurisdictions, particularly those within the United Kingdom, use A v B. When referred to a second or third time within a section, cases may be referred to as A, or, if A does not disambiguate (e.g. Rex), B.

Citations and referencing

Cite to legal materials (constitutions, statutes, legislative history, administrative regulations, and cases) according to the generally accepted citation style for the relevant jurisdictions. If multiple citation styles are acceptable in a given jurisdiction, any may be used, but be consistent, and consider using the most common. Also consider using the citation style used in secondary sources rather than the citation style used by legal briefs or decisions.

The following guidelines will be generally useful in many jurisdictions:

In general

• Where both primary and secondary sources are available, one should cite both. While primary sources are more "accurate", secondary sources provide more context and are easier on the layperson. Where primary and secondary sources conflict factually, the primary source should be given priority, but only if doing so can be accomplished without violating:

• The restriction on primary sources in WP:PRIMARY, which limits the use of primary sources to "straightforward, descriptive statements of facts that can be verified by any educated person," which strictly prohibits any analysis, synthesis, interpretation, or evaluation of what's said in primary sources, and which prohibits entire articles being sourced with primary sources (and cautions against basing large sections of articles on primary sources), or
• The effect of WP:BLPPRIMARY which prohibits the use of court records or other public documents to support an assertion about a living person (or certain deceased persons covered by that policy) unless also covered and supported by reliable secondary sources.

Serious consideration should also be given to the possibility that the apparent conflict between the primary and secondary sources is due to legal interpretation in the secondary sources for the purpose of properly characterizing the true or full meaning of the primary source for a lay audience.

Case citations

• Case names are italicised, as in the Kelly v. Arriba Soft Corporation article. (Case citation or law report information is presented in normal font.)

External links

• The Bluebook
• Try to link to cases on WorldLII, BAILII, AustLII , or similar free resource (instead of a pay-to-use resource, or internet news articles).

• Misplaced Pages Manual of Style (legal)