Understanding Legal Citations, Stare Decisis, and Court Jurisdictions

Posted on Feb 7, 2025 in Law & Jurisprudence

Understanding Legal Citations and Court Systems

  • What is a Citation?

    1. A legal citation is a standardized method that allows a writer to refer to legal authorities with precision and clarity, enabling others to easily locate the referenced material. It employs abbreviations and specialized terms to efficiently condense numerous references.

  • Purposes of Using Citations

    1. Identify the specific document and the relevant section being referenced.
    2. Provide sufficient information for the reader to locate the document or section in their available resources.
    3. Furnish additional information about the referenced material and its relevance, aiding readers in determining whether to pursue the reference.

  • Citators

    1. Legal citation services (citators) identify instances where a specific source (cited authority, case, or statute) has been cited in another source (citing authority). These services also indicate the treatment the authority has received.

  • Pocket Parts

    A pocket part is a paperbound supplement inserted into a book’s back cover. It contains updated textual, case, or statutory references keyed to the original publication.

  • Stare Decisis

    Stare decisis is a doctrine applied in all court cases and across all legal issues. It is a principle that guides courts to look to past, similar issues to inform their decisions. These past decisions are known as precedent, which serves as an example or authority for judges deciding similar issues later. Stare decisis obligates courts to adhere to precedent when making decisions, allowing American law to evolve case-by-case within a common law system.

  • Substantive Law

    Substantive law is part of statutory law that creates and defines rights. It governs the legal relationships between individuals or between individuals and the state. It is codified in legislated statutes and addresses the core issues of a case, including how charges and facts are handled.

  • Procedural Law

    Procedural law comprises the rules governing court proceedings in criminal, civil, and administrative cases. It provides the state with the machinery to enforce substantive rights.

  • Enacted Law vs. Common Law

    1. Enacted law is more encompassing and can address problems comprehensively.
      • Legislatures have an ex ante approach, considering proper incentive creation and the public good.
    • Common law is ad-hoc, decided on a case-by-case basis through the accumulation of precedent.
      • Courts are not always best positioned to understand the public good or the future effects of rules.

Original and Appellate Jurisdiction

Original Jurisdiction – This refers to the court that initially hears a case. Typically, civil allegations or criminal prosecutions are taken to the court where the alleged incident occurred, often a city, county, or state court.

Appellate Jurisdiction – This refers to the court that hears appeals from lower courts. Appeals are often taken to a court higher in the municipal governing hierarchy, covering a larger geographical area. For example, appeals from city judgments may go to the county or state court, and state court appeals may go to Federal court, up to the US Supreme Court.