Understanding case citations is crucial for students studying law for several reasons:
Facilitates Efficient Research: Case citations serve as standardised references, making it easier for students to locate specific court decisions quickly and efficiently during their research. With a proper citation, students can pinpoint the exact case they need without sifting through numerous legal documents.
Provides a Consistent Identifier: Case citations provide a consistent and unique identifier for each court decision, regardless of where it is published. This ensures uniformity in legal referencing and citation practices, making it easier for legal professionals, scholars, and students to communicate effectively about legal matters.
Enhances Credibility and Accuracy: Accurate citation of cases enhances the credibility of legal research and writing. Properly citing cases demonstrates thoroughness and attention to detail, which are essential qualities in legal practice. It also helps to avoid plagiarism and ensures that credit is given to the original sources of legal authority.
Supports Legal Analysis: Familiarity with case citations allows students to trace the development of legal principles over time by referencing landmark cases and their subsequent interpretations. This deepens students' understanding of legal concepts and enables them to analyse the application of law in different contexts.
Prepares for Legal Practice: In legal practice, the ability to navigate and interpret case law is essential. Understanding case citations equips students with the skills they need to conduct effective legal research, draft persuasive arguments, and support their positions with relevant precedents when they enter the legal profession.
Case citations typically follow a standardised format, which may vary slightly depending on the jurisdiction. However, they generally include the following elements:
Case Name: The names of the parties involved in the legal dispute are listed, with the plaintiff (or claimant) usually mentioned first, followed by the defendant. In some cases, the names of multiple parties may be included.
Year of Decision: The year in which the case was decided by the court is provided. This helps to identify the temporal context of the case and allows users to distinguish between cases with similar names.
Volume and Law Report Series: The volume number and name of the law report series where the case is published are indicated. Law report series are specialised publications that compile and publish court decisions. Common law report series include the Official Law Reports (e.g., AC, QB, Ch) and specialist series (e.g., All England Law Reports, Weekly Law Reports).
Page Number: The page number within the law report series where the case begins is specified. This allows users to locate the case within the relevant publication.
Court Identifier (Optional): In some jurisdictions, an abbreviation or identifier for the court that heard the case may be included. This provides additional context about the judicial authority responsible for the decision.
For example, a case citation in the United Kingdom might appear as follows:
R v Brown [1993] 2 WLR 556
In this citation:
Overall, the format of case citations provides a standardised and structured way to reference and identify court decisions, making it easier for legal professionals to locate and cite relevant cases in their practice.
In Scotland, case citations follow a slightly different format compared to those used in other jurisdictions. While Scottish legal citations share similarities with citations used in other parts of the UK, they also have distinct features that reflect the unique legal system and practices in Scotland. A typical case citation in Scotland includes the following elements:
Case Name: The name of the case, which identifies the parties involved in the legal dispute. For example, "Smith v. Jones" or "R (on the application of Smith) v. Jones."
Year of Decision: The year in which the case was decided by the court.
Court: The abbreviation for the court that heard the case. Common abbreviations include "CS," "SC," or "FC" for the Court of Session, the Supreme Court of Scotland, and the High Court of Justiciary, respectively.
Volume: The volume number of the law report series in which the case is published.
Abbreviation for Law Report Series: The abbreviated name of the law report series where the case is published. Common Scottish law report series include "SLT" (Session Cases), "Scot LR" (Scottish Law Reporter), and "JC" (Justiciary Cases).
Page Number: The page number within the law report series where the case begins.
For example, a case citation in Scotland might appear as follows:
Smith v. Jones [2005] CSOH 123
In this citation:
This citation format allows legal professionals in Scotland to accurately reference and locate specific cases within Scottish legal publications.
Our main sources for case law are Westlaw and Lexis.
There are also resources for finding and understanding case law online.
Use the Legislation sections within Westlaw and Lexis to find current legislation.
Legislation.gov.uk is also a freely available resource - it's easy to use, but it's better to use sources such as Westlaw for the most recent versions of Acts.