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In law, a citation or introductory signal is a set of phrases or words used to clarify the authority of a legal citation as it relates to a proposition. It is used in citations to present authorities and indicate how those authorities relate to propositions in statements. Legal writers use citation signals to tell readers how the citations support their propositions, organizing citations in a hierarchy of importance so the reader can quickly determine the relative weight of a citation. Citation signals help a reader to discern meaning or usefulness of a reference when the reference itself provides inadequate information.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of acknowledging the relevance of the works of others to the topic of discussion at the spot where the citation appears.
Ibid. is an abbreviation for the Latin word ibīdem, meaning "in the same place", commonly used in an endnote, footnote, bibliography citation, or scholarly reference to refer to the source cited in the preceding note or list item. This is similar to Idem, literally meaning "the same", abbreviated id., which is commonly used in legal citation.
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text.
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.
Reference management software, citation management software, or bibliographic management software is software that stores a database of bibliographic records and produces bibliographic citations (references) for those records, needed in scholarly research. Once a record has been stored, it can be used time and again in generating bibliographies, such as lists of references in scholarly books and articles. Modern reference management applications can usually be integrated with word processors so that a reference list in one of the many different bibliographic formats required by publishers and scholarly journals is produced automatically as an article is written, reducing the risk that a cited source is not included in the reference list. They will also have a facility for importing bibliographic records from bibliographic databases.
Thomas Henry Bingham, Baron Bingham of Cornhill,, was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of his generation. Baroness Hale of Richmond observed that his pioneering role in the formation of the United Kingdom Supreme Court may be his most important and long-lasting legacy. Lord Phillips of Worth Matravers regarded Bingham as "one of the two great legal figures of my lifetime in the law". David Hope, Baron Hope of Craighead described Bingham as "the greatest jurist of our time".
Obiter dictum is a Latin phrase meaning "other things said", that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing.
The Latin adverb sic inserted after a quoted word or passage indicates that the quoted matter has been transcribed or translated exactly as found in the source text, complete with any erroneous, archaic, or otherwise nonstandard spelling, punctuation, or grammar. It also applies to any surprising assertion, faulty reasoning, or other matter that might be interpreted as an error of transcription.
Parenthetical referencing, is a citation system in which in-text citations are made using parentheses. They are usually accompanied by a full, alphabetized list of citations in an end section, usually titled "references", "reference list", "works cited", or "end-text citations". Parenthetical referencing can be used in lieu of footnote citations.
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.
The Australian Guide to Legal Citation (AGLC) is published by the Melbourne University Law Review Association in collaboration with the Melbourne Journal of International Law and seeks to provide the Australian legal community with a standard for citing legal sources. There is no single standard for legal citation in Australia, but the AGLC is the most widely used.
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law. It is regarded as a form of illegality. An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body. If the High Court finds that a decision-maker has fettered its discretion, it may hold the decision to be ultra vires – beyond the decision-maker's powers – and grant the applicant a suitable remedy such as a quashing order to invalidate the decision.
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.
Citation of Canadian legislation is the system of citing Canadian statutes and regulations in court decisions, briefs of law, and articles in law journals. The purpose of a citation is to allow the reader to understand the source of the legislative principle being cited, and to find the law in question. It is a type of legal citation, namely a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position".
References
- ↑ "Oxford University Standard for the Citation of Legal Authorities" (PDF). Oxford University Faculty of Law. 2012. Retrieved 6 January 2022.
- ↑ "OSCOLA 2006: Citing International Law Sources Section" (PDF). Law.Ox.ac.uk. Faculty of Law, University of Oxford. 2006. Archived (PDF) from the original on 8 June 2017. Retrieved 3 December 2017.
- ↑ "Cases (UK)". OSCOLA referencing guide. University of Northampton. Retrieved 2022-03-09.