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27 votes

What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like ...
cpast's user avatar
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27 votes
Accepted

What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in ...
ohwilleke's user avatar
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19 votes

Why is Miller's case titled R (Miller)?

The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases. Miller began as Miller v ...
Tim Lymington's user avatar
16 votes

Why do court opinions list multiple layers of citations?

This practice varies depending on the court and/or judge's own style preferences and is often a judgment call based on what the author is trying to communicate with a citation. I'll give a few reasons ...
Jen's user avatar
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14 votes

Can a court’s decision be copyrighted?

No in united-states The court is part of the trifecta of government - it's part of the Judicative. The government can not have copyright in its works: 17 USC 105 declares such papers to be without ...
Trish's user avatar
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11 votes

Can a court’s decision be copyrighted?

united-kingdom Generally the UK judgments available from the Courts and Tribunals Judicary website and BAILII are asserted to be Crown copyright and licensed for use under the Open Government Licence.
Lag's user avatar
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9 votes

How is “R v. Smith” pronounced?

It varies. See Wikipedia: Case citation - Pronunciation of case titles: "When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee.&...
Jen's user avatar
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7 votes
Accepted

Citing federal court cases as authorities in state court

That depends what the issue is. On constitutional issues, and on issues of federal law (which do come up in state cases) , they are binding precedent, at least in that circuit for an appeals court ...
David Siegel's user avatar
7 votes
Accepted

What does the citation YEAR Misc NN mean?

County Courts do not have official neutral citations and are placed in the Miscellaneous category by the British and Irish Legal Information Institute, who nowadays acts as the unofficial case ...
xngtng's user avatar
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7 votes
Accepted

Is the Supreme Court's in-house citation style manual publicly available?

A version republishing the Reporter's style guide is available on SSRN and for purchase on Amazon. It was edited in 2016, purportedly based on a 2013 copy of the Court's private style guide that the ...
Jen's user avatar
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7 votes

How is “R v. Smith” pronounced?

australia The Crown against Smith v is “and” in civil trials and “against” in criminal ones However, language changes and “v”, “versus”, and “against” are all variously acceptable depending on the age ...
Dale M's user avatar
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6 votes

Why do court opinions list multiple layers of citations?

There can be several reasons for this practice. Often it is because the words quoted, or the key section of the quote, came originally from the other case, so the opinion gives credit there, but also ...
David Siegel's user avatar
6 votes

How to decode a citation to a case reporter

commonwealthunited-states The most comprehensive source of reporter abbreviation in the commonwealth and United States is found in the Index to Legal Citations and Abbreviations, which should be ...
Jen's user avatar
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6 votes

Can a court’s decision be copyrighted?

In slovakia, it cannot: § 5 par. b) of the copyright law 185/2015 Z. z. says explicitely: Za predmet autorského práva sa nepovažuje ... b) text právneho predpisu, úradné rozhodnutie alebo súdne ...
Radovan Garabík's user avatar
6 votes

Can a court’s decision be copyrighted?

new-south-wales Not only can it be, it is copyright Copyright in judicial decisions continues to reside in the State pursuant to the Copyright in Judicial Decisions Notice 1995 (NSW). There is a ...
Dale M's user avatar
  • 211k
5 votes
Accepted

The parties in an appealed criminal case

"Regina" or "R" or "The Crown" or "The Queen" is the respondent. These are different ways of expressing the same concept. However, it is not typical to name &...
Wolf87's user avatar
  • 66
5 votes

What is "18 C.J.S., Copyright and Literary Property, § 113"?

Corpus Juris Secundum, available here for a pretty penny.
user6726's user avatar
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5 votes
Accepted

Does USA have Neutral Citations like those of Australia, Canada, New Zealand, and UK?

Your examples are not neutral citations Gonzales v. Oregon, 546 U.S. 243 (2006) and Castle Rock v. Gonzales, 125 S.Ct. 2796 (2005) are not neutral citations because elements depend on the particular ...
Jen's user avatar
  • 57.4k
4 votes

Examples of Unethical Experimental Studies

Statistics deceive courts all the time Most judges and jurors know no statistics. Most doctors and social scientists use statistics without really understanding them. Therefore, innocently or ...
Dale M's user avatar
  • 211k
4 votes
Accepted

Why is Miller's case titled R (Miller)?

The accepted answer is, unfortunately, quite wrong. In particular, the notation "R (Miller)" does not arise from anything the Supreme Court decided. You can see the first instance judgment ...
Francis Davey's user avatar
4 votes

Why do court opinions list multiple layers of citations?

The primary citation from 1998 states in the language cited: Harm is irreparable when it cannot be adequately compensated in damages, either because of the nature of the right that is injured, or ...
ohwilleke's user avatar
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4 votes
Accepted

Why is Rakusen v Jepsen cited in that order?

Rakusen was the appellant at the Court of Appeal. Many, but not all, appellate courts adopt the norm of listing the appellant as the first party in the style of cause, even if they were the respondent ...
Jen's user avatar
  • 57.4k
4 votes
Accepted

How can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or rulings on a given statute?

new-zealand The Law Society provides this research service where specially trained people scour through all relevant databases and return to you what they have found. Though this service is only ...
Greendrake's user avatar
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4 votes

How to decode a citation to a case reporter

For those not familiar with it, a "reporter" is a periodical publication that prints of full text of published decisions of the courts covered by the reporter (historically, a task mostly ...
ohwilleke's user avatar
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3 votes
Accepted

What is meant by "through YYYY Leg Sess" in universal citations of statutes/laws?

It means the entire code compilation has been updated to include all legislative revisions to the code that occurred in the XXXX legislative session (and obviously earlier ones too). Of course, not ...
Jen's user avatar
  • 57.4k
3 votes
Accepted

How to cite a supreme court opinion in author-year format

First of all, if the publication or outlet for which you are writing has a specific style guide, and that has a rule for citing court opinions, follow it. If there is no such guide, or no such rule in ...
David Siegel's user avatar
3 votes
Accepted

Citing an employment contract using APA style

There is no worldwide standard for legal citation Each nation uses its own style and citation guide. Most of these will indicate how to reference contracts. However, in most cases they will simply be ...
Dale M's user avatar
  • 211k
3 votes

How to cite a court case found online

This is an unreported case, so there is no "reporter" designation. You can cite like this: United States v. Hasbajrami, No. 11-CR-623 (JG), 2016 WL 1029500, at *1 (E.D.N.Y. Mar. 8, 2016).
bdb484's user avatar
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3 votes
Accepted

Can only the government official who appointed an employee fire that employee?

I think we're talking about In re Hennen, which dealt with the removal of the clerk of the district court in Louisiana: It all these departments power is given to the secretary, to appoint all ...
bdb484's user avatar
  • 60.4k
3 votes
Accepted

Why do some decisions reference case law that references other case law? Why not just reference the original case law?

Lots of reasons The citing case may be in a higher court than the cited case but might not actually add anything. You always go for the highest authority on record. From time to time, a case makes a ...
Dale M's user avatar
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