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 ...
- 23.6k
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 ...
- 195k
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 ...
- 4,590
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 ...
- 43.5k
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 ...
- 33.7k
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.
- 14.8k
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.&...
- 43.5k
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 ...
- 113k
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 ...
- 5,786
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 ...
- 43.5k
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 ...
- 198k
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 ...
- 113k
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 ...
- 43.5k
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 ...
- 240
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 ...
- 198k
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 &...
- 66
5
votes
What is "18 C.J.S., Copyright and Literary Property, § 113"?
Corpus Juris Secundum, available here for a pretty penny.
- 210k
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 ...
- 43.5k
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 ...
- 198k
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 ...
- 361
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
...
- 195k
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 ...
- 43.5k
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 ...
- 25.7k
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 ...
- 195k
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 ...
- 43.5k
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 ...
- 113k
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 ...
- 198k
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).
- 57.2k
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 ...
- 57.2k
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 ...
- 198k
Only top scored, non community-wiki answers of a minimum length are eligible