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This is an old revision of this page, as edited by GregJackP (talk | contribs) at 02:47, 24 July 2015 (→Citations and referencing: BOLD, see discussion at [[Misplaced Pages talk:WikiProject Law#Systemic changes of citation style to Bluebook}}). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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}}

Talk page templates

• {{Template:Bluebook}}

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

Referencing style

While any citation style may be used in an article (see WP:CITEVAR), for articles on cases, case law, or subjects which use a large amount of case law, it is recommended that editors use the referencing style for the jurisdiction that heard that case or for which that legal subject applies.

• Australia, consider using the AGLC.
• Canada, consider using the McGill Guide.
• Germany, consider using the Author's Instructions of the Neue Juristische Wochenschrift.
• India, consider using the Standard Indian Legal Citation (SILC).
• United Kingdom, consider using OSCOLA.
• United States, consider using Bluebook, ALWD, or an official state system (i.e., the California or New York systems).

Citing legal materials

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 (such as law reviews or academic journals) rather than the citation style used by a practitioner's legal briefs or a a court's decision.

Guidelines

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.

Case citations

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

Citation signals

• When necessary, use the appropriate signal. Be aware that the use of Id., supra, and infra are discouraged, as are internal cross-reference signal to another footnote. This is due to the fact that any reference may be edited or changed, and render the cross-reference signal inaccurate.

Templates

See Category:Law citation templates.

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)