This guideline is a part of the English Wikipedia's Manual of Style. Editors should generally follow it, though it is best treated with common sense, and exceptions may apply. Substantive edits to this page should reflect consensus. |
| Manual of Style |
|---|
Wikipedia articles on legal topics should reflect appropriate style for an encyclopedia. Because Wikipedia is not written for courts or legal experts more than for anyone else, standard legal styling does not always apply. Editors should always provide depth and detail appropriate to an encyclopedia. Even where a topic is technical and primarily covered for interest to legal scholars, articles on legal topics should still aim for plain language that is understandable to the widest possible audience. The article should strive to take naïve readers as far as possible.
{{Lang|La|[[Nolo contendere]]}}. This results in Nolo contendere. (See MOS:LANG.)Articles should be titled according to their commonly recognizable names. For subjects that have wide coverage outside of legal scholarship the common name may not be the same as recorded in academic and court stylings. For example, R v Aubrey, Berry and Campbell is better known as the ABC trial.
Articles on cases that are primarily notable for the legal precedent they set, or are primarily discussed within legal scholarship, should be titled according to the legal citation convention for the jurisdiction that handled the case. However, do not adjust a name that is common within legal citations to conform with contemporary style guides. For example, where the Crown is appropriately abbreviated to "R", as in R v Dudley and Stephens, case names like Rex v. Scofield or Tuckiar v The King should not be abbreviated.
Criminal trials that are notable for the people or crimes involved, not for the legal precedent they set, should be titled "Trial of (defendant)" or another commonly recognizable name. Examples include Trial of Saddam Hussein, O. J. Simpson robbery case and Trial of Susan B. Anthony.
Legal usage of common terms often differs from that of the general public. In general, avoid using legal jargon outside of subject matter that focuses on legal concepts and arguments, and be careful when quoting more generalized sources using technical legal language. For example, a layman may describe the launch of a new television series as a "new intellectual property", which is a needlessly technical and ambiguous term. The legal term "intellectual property" should be reserved for legal subjects, referring more specifically to copyright, trademark, or patent (or even more complex legal constructs).
While any citation style may be used in an article (see WP:CITEVAR), for articles on cases, case law, or subjects that use a large amount of case law, it is recommended that editors use the referencing style for the jurisdiction that heard that case or for which that legal subject applies.
Cite to legal materials (constitutions, statutes, legislative history, administrative regulations, and cases) according to the generally accepted citation style for the relevant jurisdictions. If multiple citation styles are acceptable in a given jurisdiction, any may be used, but be consistent, and consider using the most common. Also consider using the citation style used in secondary sources (such as law reviews or academic journals) rather than the citation style used by a practitioner's legal briefs or a court's decision.
The following guidelines will be generally useful in many jurisdictions:
Wikipedia articles are guided by Wikipedia's Manual of Style (including this page), and not by outside style guides. However, style guides can and do influence the MOS, and are useful for making style decisions within the bounds of the MOS.
For reference, access to style guides from some jurisdictions are listed below.
The main guide is the Australian Guide to Legal Citation, published by the Melbourne University Law Review Association Inc. in collaboration with the Melbourne Journal of International Law.
There are two main style guides in Canada: the Canadian Guide to Uniform Legal Citation (commonly called the McGill Guide), prepared by the McGill University Faculty of Law, and the Canadian Open Access Legal Citation Guide (commonly called the COAL Guide), published by the Canadian Legal Information Institute. The McGill Guide is a proprietary source and is only available by purchase. The COAL guide is open-access via CanLII.
There are also two specific Wikipedia articles which may be of assistance: Case citation § Canada and Citation of Canadian legislation.
New Zealand Law Style Guide format.
In Scotland, the more serious criminal cases, likely to have a Wikipedia article, are brought by His Majesty's Advocate, and are titled e.g. HM Advocate v Sheridan and Sheridan. However, less serious cases are brought by a procurator fiscal; these do not have a clear convention on Wikipedia at present.
The predominant legal style guide is the Bluebook. Wikipedia articles generally follow Bluebook format for case names and case citations.
Republished in 2019 with minor corrections.
{{cite book}}: CS1 maint: numeric names: authors list (link)