View source for Wiki143:Manual of Style/Legal

{{style-guideline|MOS:LAW|MOS:LEGAL|sortkey=Legal}}
{{Style}}

Wikipedia articles on legal topics should reflect appropriate style for an encyclopedia. Because Wikipedia is not written for courts or legal experts more than for anyone else, standard legal styling does not always apply. Editors should always provide depth and detail appropriate to an encyclopedia. Even where a topic is technical and primarily covered for interest to legal scholars, articles on legal topics should still aim for plain language that is [[Wikipedia:Make technical articles understandable|understandable to the widest possible audience]]. The article should strive to take naïve readers as far as possible.{{Efn|Consider [[b:Main Page|Wikibooks]] if you want to write a [[textbook]].}}

== Formatting ==
=== General considerations ===
{{Shortcut|MOS:v.}}
* 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''.
* Do not capitalize distinct words like {{xt!|Act}}, {{xt!|Bill}} and {{xt!|Court}} as a form of special emphasis (see [[MOS:INSTITUTIONS]]). Any full title should be capitalized as usual, as in {{xt|[[Aboriginal Land Rights Act 1976]]}}.{{efn|Words to watch include: Act, Bill, Commission, Charter, Code, Court, Tribunal.}}
* For Latin words and phrases, consider wiki-linking at the first appearance of the phrase, and using {{tl|Lang}} throughout: <code><nowiki>{{Lang|La|[[Nolo contendere]]}}</nowiki></code>.  This results in {{lang|la|[[Nolo contendere]]}}. (See [[MOS:LANG]].)

===Judges===
* 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 "[[Associate Justice of the United States Supreme Court|Justice]] Harlan F. Stone."
* Do not indicate judges by legal abbreviations, such as {{xt!|Roberts, C.J.}}, {{xt!|Blackburn J}}, or {{xt!|Bramwell B}}. Instead write out {{xt|Chief Justice [[John Roberts]]}}, {{xt|Justice [[Colin Blackburn, Baron Blackburn|Blackburn]]}}, or {{xt|Baron [[George Bramwell, 1st Baron Bramwell|Bramwell]]}} at first appearance, and simply the judge's surname at later instances. (See [[Wikipedia:Manual of Style#unwarranted abbreviations]]; and see [[MOS:PEOPLETITLES]] for how to address other titles judges may hold.)

==Article titles==
{{Naming conventions}}
Articles should be titled according to their [[Wikipedia:Common names|commonly recognizable names]].{{Efn|Note that Wikipedia uses the term "common name" to refer to what most people call a subject. This will not always be the same as what legal style guides call a "common name".}} For subjects that have wide coverage outside of legal scholarship the common name may not be the same as recorded in academic and court stylings. For example, ''R v Aubrey, Berry and Campbell'' is better known as the [[ABC trial]].

=== Cases ===
Articles on cases that {{em|are}} primarily notable for the legal [[precedent]] they set, or are primarily discussed within legal scholarship, should be titled according to the legal citation convention for the jurisdiction that handled the case. However, do not adjust a name that is common within legal citations to conform with contemporary style guides. For example, where [[the Crown]] is appropriately abbreviated to "R", as in ''[[R v Dudley and Stephens]]'', case names like ''[[Rex v. Scofield]]'' or ''[[Tuckiar v The King]]'' should not be abbreviated.

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 Saddam Hussein]], [[O. J. Simpson robbery case]] and [[Trial of Susan B. Anthony]].{{Efn|Where the legal proceedings are covered under the broader topic of a person's death, the article should follow guidelines at [[WP:DEATHS]] (eg, [[Death of Michael Stewart]]).}}

==Article content==
===Broad areas of law===
* If the article topic is fully within one legal system, indicate that legal system, e.g., [[Civil law (legal system)|civil law]], [[sharia law]], [[common law]], [[customary law]].
* Articles about broad areas of law, such as [[Tort]], should contain an overview of the law as it stands, and its development.
* In articles with topics that cover multiple jurisdictions, such as multiple states or multiple countries, aim to provide a general overview for all jurisdictions. Within different legal systems, 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.
* Avoid becoming overly technical.

===Writing about particular cases===
* Start with a summary of why the case is encyclopedic. What is its impact on society, what makes it stand out from all the other cases heard this year?
* Write the 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.
* Include 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.&nbsp;– Contextualise [[trespass]] as a [[tort]].
* Link to landmark cases which define the concept.

===Using technical terms and jargon===
{{See also|Wikipedia:Manual of Style#Technical language|Wikipedia:Manual of Style/Words to watch}}
Legal usage of common terms often differs from that of the general public. In general, avoid using legal jargon outside of subject matter that focuses on legal concepts and arguments, and be careful when quoting more generalized sources using technical legal language. For example, a layman may describe the launch of a new television series as a "new intellectual property", which is a needlessly technical and ambiguous term. The legal term "[[intellectual property]]" should be reserved for legal subjects, referring more specifically to [[copyright]], [[trademark]], or [[patent]] (or even more complex legal constructs).

==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 [[Australian Guide to Legal Citation|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 [[Oxford Standard for Citation of Legal Authorities|OSCOLA]].
*United States, consider using [[Bluebook]], [[ALWD Citation Manual|ALWD]], or an official state system (e.g., 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 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.
:* When a case has been published in an official [[Law report|reporter]] (e.g. the ''[[United States Reports]]''), editors should cite the version of the case that appears in the official reporter.
;[[Case citation]]s
:* Case names are italicised, as in the ''[[Kelly v. Arriba Soft Corp.]]'' article. ([[Law report|Case citation]] or [[law report]] information is presented in normal font.)
;[[Citation signal]]s
:* Avoid citation signals when possible. On Wikipedia, the use of ''Id.'', ''supra'', and ''infra'' [[WP:IBID|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===
See [[:Category:Law citation templates]].

==Templates==
===Citation templates===
* To cite a simple court case the first time, use template {{tl|Cite court}}
* To create Bluebook-style citations: 
** For citations to cases, use {{tl|Cite court}}
** For citations to journals, use {{tl|Bluebook journal}}
** For citations to websites, use {{tl|Bluebook website}}

===WikiProject templates===
* Use the [[Wikipedia:WikiProject Law|WikiProject Law]] template

===Stub templates===
* Use the {{tl|law-stub}} template for law related stubs

===Navigation templates===
*{{Tl|ContractLaw}}
*{{Tl|TortLaw}}
*{{Tl|PropertyLaw}}
*{{Tl|CrimLaw}}
*{{Tl|EvidenceLaw}}

===Talk page templates===
*{{Tl|Bluebook}}

== Style guides by jurisdiction   ==
Wikipedia articles are guided by Wikipedia's Manual of Style (including this page), and not by outside style guides. However, style guides can and do influence the MOS, and are useful for making style decisions within the bounds of the MOS.{{efn|For instance, US cases will usually use a ''v'' abbreviated by a period (as in [[United States v. Microsoft Corp.]]), while other jurisdictions may abbreviate the ''v'' without a full stop (as in New Zealand's [[Ngati Apa v Attorney-General]]). This distinction reflects a balance between a desire for consistency and the imperative to follow [[WP:common name|common name]]s.}}

For reference, access to style guides from some jurisdictions are listed below. 

===In Australia===
{{cite book|url=https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf|title=Australian Guide to Legal Citation|edition=4th|date=2018–2019|isbn=9780646976389|author=Melbourne University Law Review Association Inc. in collaboration with ''Melbourne Journal of International Law'' Inc. Melbourne 2018|quote=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===
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:  {{Slink|Case_citation#Canada}}, and [[Citation of Canadian legislation]].

===In New Zealand===
''[http://www.lawfoundation.org.nz/style-guide/ 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.
*[[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 [[Lord Advocate|His 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===
{{Anchor|U.S.|US|United States}}
The predominant legal style guide is the ''[[Bluebook]]''. Wikipedia articles generally follow ''Bluebook'' format for case names and case citations.
* Leave off given names and only include the first plaintiff/petitioner and the first defendant/respondent. ''[[Bell Atlantic Corp. v. Twombly|{{xt|Bell Atlantic Corp. v. Twombly}}]]'', not ''{{!xt|Bell Atlantic Corp., et al. v. William Twombly and Lawrence Marcus}}''
* Do not confuse the abbreviations that the Bluebook uses in textual sentences (rule 10.2.1(c), summarized below) with the hundreds more that it uses only in footnotes (table 6).{{efn|A similar table of abbreviations is [https://www.law.cornell.edu/citation/4-100 available online] from the Cornell [[Legal Information Institute]].}} In Wikipedia articles, often even case citations in footnotes do not use those additional abbreviations.
** In titles and the text of an article, do abbreviate the following words within a case name, except at the beginning of either party's name: {{xt|&}}, {{xt|Ass'n}}, {{xt|Bros.}}, {{xt|Co.}}, {{xt|Corp.}}, {{xt|Inc.}}, {{xt|Ltd.}}, and {{xt|No.}}
**: ''[[National Railroad Passenger Corp. v. Boston & Maine Corp.|{{xt|National Railroad Passenger Corp. v. Boston & Maine Corp.}}]]''
**: Not ''{{!xt|Nat'l R.R. Passenger Corp. v. Bos. & Me. Corp.}}'' (except in footnotes)
**: Not ''{{!xt|National Railroad Passenger Corporation v. Boston and Maine Corporation}}''
** Additionally, ''Bluebook'' allows abbreviation of widely known acronyms like {{xt|CBS}}, {{xt|FCC}}, {{xt|FDA}}, {{xt|NAACP}}, and {{xt|NLRB}}.
**: E.g., ''[[McConnell v. FEC|{{xt|McConnell v. FEC}}]]'' and ''[[NLRB v. Noel Canning|{{xt|NLRB v. Noel Canning}}]]''
* Don't abbreviate "United States" except as part of a longer name. E.g., ''[[United States v. Jewell|{{xt|United States v. Jewell}}]]'', not ''{{!xt|U.S. v. Jewell}}''
* Unless needed for specificity, shorten "State of ___", "Commonwealth of ___", or "People of ___" to just "State", "Commonwealth", or "People", provided the case is in the courts of that state. E.g., ''[[State v. Elliott|{{xt|State v. Elliott}}]]'', not ''{{!xt|State of Vermont v. Raleigh Elliott}}''. For cases in federal court, instead drop "State of". E.g., ''[[Vermont v. Brillion|{{xt|Vermont v. Brillion}}]]''.
* 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)''.
* While case citations generally follow ''Bluebook'', references to other sources — especially sources that are not legal authorities — often use another style. ''Bluebook'' citations are often written without [[Wikipedia:citation templates|citation templates]], but several are available that work for most uses: {{tl|Ussc}}, {{tl|Cite court}}, {{tl|Bluebook journal}}, {{tl|Bluebook book}}, {{tl|Bluebook website}}.

== Notes ==
{{notelist}}

==External links==
* [https://www.legalbluebook.com/ ''The Bluebook'']
* Try to link to cases on [[WorldLII]], [[BAILII]], [[AustLII]] [http://www.austlii.edu.au], or similar free resource (instead of a pay-to-use resource, or internet news articles).
{{Style wide}}

[[Category:Wikipedia Manual of Style (legal)| ]]