a criminal case, the State brings an action against an individual or State case law citations are generally made up of three parts: the name of the case, the published source in which the case may be found, reporters; and a parenthetical indicating the court and year of decision. Phone: (212) 237-8246 In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court Reports. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the case, is known as a petitioner. Each of these groups was termed an amicus curiae, or “friend of the court.”. series (REF. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Again, watch out for the occasional judge who misstates the questions raised by the lower court’s opinion, by the parties on appeal, or by the nature of the case. For example, Georgia has Georgia Reports (abbreviated Ga.) and Georgia Appeals Reports (abbreviated Ga. The neutral citation of the case, https://researchguides.smu.edu.sg/caselaw, Appropriate Use of Electronic Resources Policy, Singapore Management University Acceptable Use Policy, Contain judgments that have been reviewed by the Judges or Judge's Associate, prior to the publication and published by an official law reporting body, May be the only source available to locate certain cases, Decisions of courts that have not been published in a law report. What does it show about judicial policymaking? Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review. This should be outlined point by point in numbered sentences or paragraphs. For help interpreting the abbreviations, see Table T6 and T10 in The Bluebook, which cover case name and geographical abbreviations. for Eastern District, S.D. The name of the party initiating the action in court, at any level on the judicial ladder, always appears first in the legal papers. For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of Appeals of the circuit and this court cannot refuse to hear it. For example, Arlo Tatum and others sued in Federal District Court for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Revised by K. Killoran, 1999 and by M. Richards, 2017. instance, a Singapore case name will look something like this The party losing in this appellate court can request that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to a hearing. Don’t think that because you have found the judge’s best purple prose you have necessarily extracted the essence of the decision. A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari. state. This will help you later when you try to reconcile conflicting cases. This is a civil case. Citations may also include other parenthetical information and the subsequent history of the case, if necessary. Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used. There are narrow procedural holdings, for example, “case reversed and remanded,” broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines.
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