Wikipedia:Manual of Style/Legal
Wikipedia:Manual of Style/Legal
 | This guideline is a part of the English Wikipedia's Manual of Style. It is a generally accepted standard that editors should attempt to follow, though it is best treated with common sense, and occasional exceptions may apply. Any substantive edit to this page should reflect consensus. When in doubt, discuss first on the talk page. |
| Manual of Style (MoS) |
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Templates[edit]
Citation templates[edit]
- To cite a simple court case the first time, use template {{Cite court}}
- To create Bluebook-style citations:
- For citations to cases, use {{Cite court}}
- For citations to journals, use {{Bluebook journal}}
- For citations to websites, use {{Bluebook website}}
WikiProject templates[edit]
- Use the WikiProject Law template
Stub templates[edit]
- Use the {{law-stub}} template for law related stubs
[edit]
- {{ContractLaw}}
- {{TortLaw}}
- {{PropertyLaw}}
- {{CrimLaw}}
- {{EvidenceLaw}}
Talk page templates[edit]
- {{Bluebook}}
General considerations[edit]
- In articles with topics that cover multiple jurisdictions, such as multiple states or multiple countries, aim to provide a general overview for all jurisdictions. Indicate the legal system if the article topic is fully within that 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 separate section headers when providing specifics as to a jurisdiction or system.
- 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[edit]
Articles on cases should be titled according to the legal citation convention for the jurisdiction that handled the case. However, criminal trials that are notable for the people or crimes involved, not for the legal precedent they set, should be titled "Trial of (defendant)" or another commonly recognizable name. Examples include Trial of Oscar Pistorius, Trial of Anders Behring Breivik, Trial of Saddam Hussein, Trial of Susan B. Anthony, and O. J. Simpson murder case.
In Australia[edit]
Melbourne University Law Review Association Inc. in collaboration with Melbourne Journal of International Law Inc. Melbourne 2018 (2018–2019). Australian Guide to Legal Citation (PDF) (4th ed.). ISBN 9780646976389. Republished in 2019 with minor corrections.
- Section 2.1 (p.39) for Case names: "A citation to an Australian case should generally include the parties' names (as they appear on the first page of the decision) in italics except:..."
- Section 3.1 (p.67) for Statutes (Acts of Parliament): "A citation to an Australian Act of Parliament should begin with the short title of the Act in italics".
- Section 3.2 (p.74) for Bills: "Bills should be cited in the same manner as Acts, except that the title and year of the Bill should not be italicised".
- Section 3.4 (p.75) for Delegated legislation (such as regulations, rules and orders), rule 3.1 applies, i.e. in italics.
In Canada[edit]
The Canadian Guide to Uniform Legal Citation, prepared by the McGill University Faculty of Law, is the most commonly cited guide. It is a proprietary source and is only available by purchase.
There are also two specific wikipedia articles which may be of assistance: Case citation: Canada and Citation of Canadian legislation.
In New Zealand[edit]
New Zealand Law Style Guide format.
In the United Kingdom[edit]
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.
- 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.
In Scotland, the more serious criminal cases, likely to have a Wikipedia article, are brought by Her Majesty's Advocate, and are titled e.g. HM Advocate v Sheridan and Sheridan. However, less serious cases are brought by a procurator fiscal; these do not have a clear convention on Wikipedia at present.
In the United States[edit]
Bluebook format, normally. This would result in (note the punctuation):
- National Railroad Passenger Corporation v. Boston & Maine Corporation (2001) being titled as National Railroad Passenger Corp. v. Boston & Maine Corp.;
- Bailey v. Drexel Furniture Co. being titled as shown; and
- Carter v. Carter Coal Company being titled as Carter v. Carter Coal Co.
- Don't use abbreviations for "United States", e.g., United States v. Jewell, not U.S. v. Jewell
- Unless needed for specificity, leave state names out of the title, e.g., use State v. Elliott, not State of Vermont v. Raleigh Elliott, et al., and redirect the latter to the former.
- Ambiguous titles like "People v. Superior Court", or "United States v. Smith", are written with the full name of the state and distinguishing name of individual or entity, or distinguishing year, in parenthesis. If still further clarification is needed, then a comma and the year may be added after the identifying individual name.
- People v. Superior Court, 41 Cal. 4th 1 (2007) and The People of the State of California v. Superior Court (Romero) and The People of the State of California v. Superior Court (Decker)
- United States v. Smith (2009) and United States v. Smith (2010).
- The People of the State of California v. Superior Court (Smith, 2009) and The People of the State of California v. Superior Court (Smith, 2010).
Article content[edit]
Broad areas of law[edit]
- 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[edit]
- 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[edit]
- Provide a framework for the concept. E.g. – Contextualise trespass as a tort.
- Link to landmark cases which define the concept
Formatting[edit]
- 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.
Names of judges[edit]
- When referring to the name of a judge or justice that was involved in a case in a judicial capacity, that person should be introduced with the prefix "Judge" or "Justice" before their name. For example, when discussing his opinion in United States v. Carolene Products Co., Harlan F. Stone should be referred to as "Justice Harlan F. Stone."
Citations and referencing[edit]
Referencing style[edit]
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 (e.g., the California or New York systems).
Citing legal materials[edit]
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 court's decision.
Guidelines[edit]
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.
- When a case has been published in an official reporter (e.g. the United States Reports), editors should cite the version of the case that appears in the official reporter.
- Case citations
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- 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
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- Avoid citation signals when possible. On Wikipedia, the use of Id., supra, and infra are discouraged, as are internal cross-reference signals 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[edit]
See Category:Law citation templates.
External links[edit]
- The Bluebook
- Try to link to cases on WorldLII, BAILII, AustLII [1], or similar free resource (instead of a pay-to-use resource, or internet news articles).
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