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Legal Citation

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sarah spells

on 6 September 2012

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Transcript of Legal Citation

Short Title [e.g. ]

Year and Chapter Number [e.g. ] Legal Citation Legal Systems

Primary Sources of Law:
Foreign Outline Islamic (Sharia) Law

Primary Sources of Law
Sunnah (example set by the Prophet Muhammad) An Introduction for MA Pre-sessional Students by Sarah Spells UK Law = Common Law System www.juriglobe.ca Successful development of law depends on production of reliable Law Reports Law Reports Does the UK have a Constitution? Supreme legal authority in UK

Power to amend/create any law it wishes

Courts cannot challenge or overrule legislation but they can interpret

Where case law and legislation conflict, legislation will take primacy Parliament Types of Legislation Proposals Government Website only Finding Draft Legislation
Once a Bill receives Royal Assent it becomes an Act Acts Acts can apply to whole of UK or specific area

Once in force, citizens can be prosecuted in court if they break the laws laid out Changes to Acts When referencing it is important to be precise

You need to identify exactly where the wording of the law can be found How to Recognise an Act Acts can be amended Researching Acts Free Websites: Finding Acts SOAS Databases:
Rules of the Supreme Court

Road Traffic Regulations

Human Rights Act (Amendment) Order How to Recognise an SI UK LEGISLATION = + + Comes in the form of Bills

Hundreds of Bills put forward each year only few become actual law Draft Legislation No single, written constitution

Large parts of it are written down in the laws (legislation) passed in Parliament (Statute law) Legislation = Act of Parliament = Statute Legal Systems
Government proposals still taking shape and invites comments from public

Firm policy - describes government policy in light of consultation

An independent body that keeps law in review

Recommends reform where necessary Debates of Parliament For information on the passage of a bill see: www.parliament.uk/about/how/laws/passage-bill/ Legislation Proposals Draft Legislation
(Bills) Secondary Legislation
(Statutory Instruments) Primary Legislation
(Acts or Statutes) Legislation is primary source of law

Laws are written into a codified collection and not interpreted by judges

Courts have limited authority to interpret law and are not bound by precedent Civil Law Decisions from Courts are given equal weight as to legislation

Courts have authority to interpret legislation and make law by creating precedent

Precedent = decisions of higher courts are binding on lower courts Common Law Muslim Law Certain legal practice is consistently observed and considered to be law Customary Law = Legislation & Case Law Short Title Official Citation Long Title indicates purpose and content of Act Enacting Formula Introduces main provisions of Act
Declares that the law derives its authority from having been properly passed by legislature Date of Royal Assent www.parliament.uk/business/bills-and-legislation/draft-bills 1865 History of Law Reports What is Reported? A case depending on it’s own facts is not reportable
Generally, a case is reported if it raises a point of legal significance Why is a Case Reported? Where is a case reported? Do you need the text of the Act in the original form it was passed? Do you need the revised version of the Act - incorporating any changes that have been made?

Section [e.g. ]

Subsection [e.g. ] Mixed Systems Allows government to make changes without needing to push through a completely new Act

Drafted by legal office of government department - e.g Treasury, Revenue & Customs Delegated Legislation Primary Legislation; Statutes

Creates new or changes existing law

Only Parliament may enact Acts

Acts are superior to all other sources of law Secondary; Subordinate Legislation

Majority are in form of Statutory Instruments

Used to add detail to an Act - can amend, update or bring an Act into force
Numbered sequentially within a year

Year / Number An Act can be changed by:

Repealing Act entirely or just certain sections

Passing another Act or Delegated Legislation Every Act published in a year is given an individual number (Chapter Number)

The main body of the Act is divided into sections and subsections Bulk of Delegated Legislation is Statutory Instruments
approx 3000 SI’s issued each year Statutory Instruments
Generic term used to describe:
Most popular form is Commencement Order - detailing when the Act comes into force Citation Subject Matter Date Made Doctrine of Judicial Precedent With the hierarchical system of courts - decisions of a higher court are binding on a lower court Superior courts are able to overrule decisions of lower courts (and sometimes their own) It is vital that the principles of a case, which are of legal interest, are clearly reported to enable this to happen

Decisions are reported in various places - namely 'Law Reports' All Bigger Proportion Small
Proportion Rarely Any Primary Sources Refers to Law itself - original and authoritative statements of law

Depending on Legal System can come in form of:

Case law made by courts

Legislation enacted by Parliament Carry additional material– Thousands of cases are heard annually

Small proportion of all cases heard are actually reported - based on the hierarchy of the courts

Vast majority are unreported Introduce new principle or rule of law

Modify existing principle of law

Settle doubtful question of law

Interpret statutes

Illustrates new applications of accepted principles Reprint the full text of a judgment Include statement of facts and judicial reasoning made by judges summary of legal issues
lists of cases cited
legislation referred to and other key features Before 1865 collections of law reports were published privately by individuals Law reports have existed since the reign of Edward I (13th Century) After 1865 many different law reports are published by competing publishers Secondary Sources Refers to commentaries on the law

Can come in form of:

Legal Encyclopaedias

Parliamentary & Non-Parliamentary Documents

Law Journals

Textbooks / Monographs UK Case Law Cases are decided on adversarial basis (not inquisitorial) Law Reports.... The Law Reports Weekly Law Reports All England Law Reports Law Reports Citations Transcripts A written record of what happened at court. Available soon after case is heard Newspapers Short summaries of important cases are provided soon after case is heard, e.g. The Times Specialised Law Journals Provides short summaries of cases on a particular subject soon after Specialised Law Reports Provides reports of cases on specific subjects, some time after the judgment Main Law Reports A full report is provided - sometimes almost a year after case was heard Law Report Series Hierarchy of Law Reports Free Websites: Finding Law Reports SOAS Databases: System used to identify decisions in court cases
Explains: Citations V pronounced as 'AND' Smith v Jones (2004) 45 Cr.App.R. 123 From 2001 onwards cases have been given a 'Neutral Citation'

These are:

Not tied to any law report series

Do not distinguish between print or online media

Makes it easy to find cases online Neutral Citations Douglas v Hello! Looking at a Case Report Why is EU law so important? Set up after WWII with aim of creating lasting peace

Grown to include 27 Member States

Pool their sovereignty to gain strength and world influence

Delegate some decision-making powers to shared institutions Background to the EU Council of the EU
Court of Justice of the EU European Commission
European Council
European Parliament Key Institutions of the EU European Council 27 independent members (one from each EU country)

Proposes new legislation

Represents EU on international stage

Seeks to uphold interests of the Union as a whole European Commission Represents EU citizens and is directly elected by them

Supervises other institutions European Parliament Sets broad political priorities and guidelines for EU policies

Includes Heads of State / Government of all EU countries

Decisions taken by consensus (unanimous or qualified majority) Represents individual member states

Different configurations depending on subjects

Can make law in certain fields Council of the EU Upholds the law

Rules on how to interpret EU law

Ensures Member States apply EU laws in same way

Settles disputes between EU governments and Institutions Court of Justice of the EU One judge from each Member State

8 Advocates-General
Delivers impartial and independent “opinion”

To alleviate delays 2 other courts set up:
General Court

Civil Service Tribunal Court of Justice of the EU How are Laws Made? Types of Legislation Agreed by heads of Member States

Automatically becomes part of Member States legal system Treaties Lays down certain end results that must be achieved in every Member State

Precise implementation is left to member states within given timescale

Must use own legislative system Directives Most direct form of EU law

Automatically becomes part of Member State law as soon as they are passed

No need to enact further legislation Regulations Addressed to individuals or Member States

Requires addressee to either do something or stop doing something

Binding to those addressed Decisions Free Websites: Finding Legislation SOAS Databases: Majority of cases are heard in the Court of Justice

To alleviate delays 2 other courts were set up:

General Court

Civil Service Tribunal Courts Has 2 stages: Court of Justice Free Websites: SOAS Databases: Article 38(1) of the Statute of the International Court of Justice:

Sources of International Law Known as:
Binding agreements between states / organisations
Multilateral & Bilateral Treaties International Conventions What is the text of the Treaty?
What is the status information?
When was the treaty in force?
Who are the parties to the treaty?
Has it been Signed or Ratified?
Are there any Reservations, Understandings or Declarations?
Are there any subsequent Modifications? Researching Treaties It differs depending on (among others):
Which treaty series it’s been published in
Whether it’s a Bilateral treaty
For comprehensive details see:
OSCOLA http://www.law.ox.ac.uk/published/OSCOLA_2006_citing_international_law.pdf Citing Treaties Free Websites: Finding Treaties SOAS Databases: Also known as simply “custom” or “Customary Law”
Certain legal practice is consistently observed and considered to be law (opinio juris)
Indicates future practice in a similar international situation
Examples incl. how states deal with torture or boundary disputes International Custom Many treaties are attempts to codify existing custom
Universal practice is not necessary before it is accepted as law International Custom Free Websites: Finding International Custom SOAS Databases: Common concepts to all, includes:
Obligation to act in Good Faith (includes Equity)
Impartiality of judges
Courts look to these if a gap in the law General Principles of Law Free Websites: Finding General Principles SOAS Databases: International Courts
Various specific courts and tribunals
International Court of Justice
National Courts
Final Courts of Appeal decisions can amount to statements on particular international law matters Judicial Decisions Settles disputes submitted to it by States
Gives advisory opinions on legal questions referred to it by authorised UN institutions
Decisions have no binding force
except between the parties in that particular case International Court of Justice International Criminal court
European Court of Human Rights
Inter-American Court of Human Rights
International Criminal Tribunal for Rwanda
Iran-US Claims Tribunal
International Tribunal for the Law of the Sea
International Criminal Tribunal for the Former Yugoslavia
Special Court for Sierra Leone Other International Courts Differs depending on the court and where it is published
Generally similar to UK citations:
Corfu Channel Case (UK v Albania) (Merits) [1949] ICJ Rep 4
For comprehensive details see:
OSCOLA http://www.law.ox.ac.uk/published/OSCOLA_2006_citing_international_law.pdf Citing International Cases Free Websites: Finding Judicial Decisions SOAS Databases: Provides analysis and commentary on topics
Background information
Citations to primary documents
Definitions of basic concepts and terms Teachings of highly qualified publicists Free Websites: Finding Scholarly Opinions SOAS Databases: Appeal Cases (AC)

Chancery Division (Ch)

Queen's Bench Division (QB)

Family Division After 1865: Thus.... What Law Report Series are available? Before 1865: Specialised Law Journals & Reports Collections of case summaries / reports on a particular subject The Law Reports Weekly Law Reports All England Law Reports Specialised Law Reports & Journals Newspapers Researching Cases Who the parties were Where and when the case was reported Civil Cases
Claimant (or Plaintiff) v Defendant Criminal Cases
The Crown (R) v Defendant Party Names Some dates are within:

[Square Brackets] or (Round Brackets)

Refers to how to find the case in print Date There could be:

Several volumes within a year

Consecutive volume numbers from the beginning Volume Number Explains what series the report can be found in

Abbreviations are standard:
Use Cardiff Index (legalabbrevs.cardiff.ac.uk) to find full title Law Report Series Abbreviation Page number within the law report series where the case can be found Page Number Command Papers Law Commission Papers Must go through various stages: Parliament investigates how an Act is implemented Changes are considered Citing an Act: Citing parts of an Act: At the end of the Act: Clarifies the effect of an Act Schedules If the Act does not come into force on the Royal Assent date Commencement Information
Indicates purpose of an Act

These are easily digestible and helps to understand what the Act is trying to achieve Explanatory Notes Title: Citation:

[e.g. Health and Safety (Fees) Regulation 2006/336] =

It can can come into force:

When Royal Assent is given OR

On a given date mentioned in the Act Title Authority by which it is made Main Body Name of Minister(s) from the Govt Department signing it Free Websites: Finding Delegated Legislation SOAS Databases:

Gives more detail of the law under a particular Act

Can make changes to Act under which it is made

Regulation, Order or Rule Acts (Legislation; Statute) = SI's (Delegated Legislation; Statutory Instruments) = In Summary

Proposals Bill Act

Needs Royal Assent to become law

Explains in general what the law is

Law is reviewed and changes made where necessary Sections Sub-Sections Court Structure Official Series and most authoritative

Contains Counsels argument Judgments read through by Judges 4 Separate Series Includes advance copies of cases that go into The Law Reports Not corrected by Judges

Do not contain Counsels arguments Aimed at providing general coverage

Not corrected by Judges

Do not contain Counsels arguments Smith v Jones [2005] UKSC 8 Smith v Jones [2003] EWHC 12 2005 case

United Kingdom

Supreme Court

Case Number 8 2003 case

England and Wales

High Court

Case Number 12 Thus: A case can have more than one citation - depending on

where it has been reported

whether there is a neutral citation [2005] EWCA Civ 595

[2006] QB 125

[2005] 3 WLR 881

[2005] 4 All ER 128

[2005] EMLR 28

(2005) 155 NLJ 828

Times, May 24, 2005 Neutral Citation

The Law Reports: Queens Bench

Weekly Law Reports

All England Law Reports

Entertainment and Media Law Reports

New Law Journal

The Times Newspaper Name of Court Name of Parties Date case was heard Names of Judges Cathphrases Summary of main legal issues
Compiled by editor of Law Report Headnote Summary of facts and decision
Compiled by Reporter End of Headnote List of cases referred to during the case Statement of the nature of proceedings Summary of Procedural History Statement of the original claim/offence
What happened up to this point Start of Judgment End of Summary The Law Reports Series will have notes from Counsel Orders of Court Paragraphs lettered for ease of referencing Is the case still good law? Has an earlier case been used or referred to? Has the case been approved or disapproved of by a later court? Has a future case agreed or disagreed with the decision? In Summary Not every case is reported

Understand citations:
Specific citation refers to specific case

Cases have many depending on where it has been reported

Hierarchy of Law Reports:
The Law Reports = most important Has supremacy over UK law

Where EU law and UK law conflict, EU law will take primacy EU Law Shares power to:

Approve new laws proposed by Commission

Adopt or reject budgets Council of the EU and European Parliament The Court of Justice should not be confused with the European Court of Human Rights (ECHR)

Set up to enforce the rights contained in the European convention on Human Rights.

UK courts have to take ECHR decisions into account following the enactment of the Human Rights Act Citizens, Interest Groups, Experts Important to understand each institution and their role in the law-making process Commission Parliament & Council National or Local Authorities Commission & Court of Justice Discuss & Consult Makes formal proposal Decide jointly Implements law Monitors implementation Preparatory Documents
(COM Documents) Primary Legislation Secondary Legislation
Treaties Decisions Regulations Directives Establishes fundamental legal concepts

Foundation of everything EU does
Primary Legislation Secondary Legislation Official Sources of EU Law Official Journal of the European Union
Advocate-General’s opinion
Delivers impartial and independent opinion to court

Suggests response that should be given to the case
No advocates-general

Decisions can be appealed to the Court of Justice

Published in the language of the case only

Cases cited as:
General Court No advocates-general

Deals with matters concerning EU staff (e.g. working relations)

Cases cited as:
Civil Service Tribunal Judgment Decisions must be made by majority of judges

No dissenting opinions are recorded Cases published in full in all official languages

Cases cited as:
Court of Justice e.g.
e.g. e.g. Finding Case Law Published daily

Comprises different parts: L Series

Contains legislation C Series

Contains cases Primary legislation = Treaties

Secondary legislation:
Directives = implemented by national law
Regulations = automatically law

Court of Justice cases:
Advocate-General’s opinion

Official Journal of the European Union
L and C Series In Summary Treaties – Bilateral & Multilateral
International Custom
Consistent practice indicates future practice
General Principles
Judicial Decisions
Scholarly Opinions
Research Guides
Journal Articles
Textbooks/Monographs International Law - summary Governs the behaviour of nation states and international organizations

No global legislature to make laws

No formal hierarchy of International courts International Law Treaties International Custom Judicial Decisions General Principles of Law Scholarly Opinions
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