16.1 Case Law & the Elements of a Case Citation
Key Takeaways
Under stare decisis, courts follow earlier decisions (precedent); decisions of higher courts in the same system are binding, while others are only persuasive.
A case citation such as Brady v. Maryland, 373 U.S. 83, 87 (1963) gives the case name, volume, reporter, first page, pinpoint page, and year (and court, when not shown by the reporter).
Statutes are cited by title, code and section (18 U.S.C. § 1001); federal rules by name and number (Fed. R. Civ. P. 30(e)).
When a citation is read aloud, the transcriber types it in standard citation form with the numbers spoken, verifying case names in an authoritative source.
Blueprint topics 40501 and 40502 ask how case law is used and how it relates to a case, and what the elements of a case citation are. The Bluebook: A Uniform System of Citation is among the CET blueprint's references.
How case law works
Case law is law made by judicial decisions, as opposed to statutes (enacted by legislatures) and regulations (issued by agencies). In common-law systems, a court's decision on a legal question becomes precedent for later cases.
- Stare decisis ("to stand by things decided"): courts follow precedent so that the law is predictable.
- Binding (mandatory) authority: decisions a court must follow. For a federal district court in Texas, decisions of the U.S. Supreme Court and the Fifth Circuit.
- Persuasive authority: decisions a court may consider but need not follow, such as another circuit or a state court elsewhere.
- Holding: the rule necessary to decide the case. Dicta (obiter dicta): other remarks, not binding.
- Distinguishing a case: arguing that its facts differ, so its rule does not apply. Overruling: a higher court or the same court rejects its own precedent.
How it appears in a proceeding
- In motion arguments, attorneys cite cases for the rule and argue that the facts fit or can be distinguished.
- Judges cite cases when ruling from the bench.
- Jury instructions often track language from leading cases.
- In depositions, citations are rare but may come up in objections or expert testimony.
For the transcriber, case law matters because names and citations must be spelled and formatted correctly, and because recognizing a citation helps you hear it correctly.
The elements of a case citation
Take Brady v. Maryland, 373 U.S. 83, 87 (1963):
| Element | Example | Meaning |
|---|---|---|
| Case name | Brady v. Maryland | The parties' names, with v. for versus. Italicized or underlined in writing |
| Volume | 373 | The volume of the reporter |
| Reporter | U.S. | The published series (United States Reports) |
| First page | 83 | The page where the opinion begins |
| Pinpoint (pin cite) | 87 | The specific page being cited |
| Court and year | (1963) | In parentheses; the court is omitted when the reporter shows it (U.S. means the Supreme Court) |
Other examples (the last three are made-up citations that show the pattern):
- Miranda v. Arizona, 384 U.S. 436 (1966)
- Federal court of appeals pattern: Smith v. Jones, 123 F.4th 456, 460 (2d Cir. 2025), where F.4th is the Federal Reporter, Fourth Series, and 2d Cir. is the court.
- Federal district court pattern: Doe v. Roe, 456 F. Supp. 3d 789 (D. Vt. 2020).
- State court pattern: People v. Smith, 123 N.E.3d 456 (N.Y. 2019), where N.E.3d is the North Eastern Reporter, Third Series.
Common reporters: U.S., S. Ct. and L. Ed. 2d (Supreme Court); F., F.2d, F.3d, F.4th (courts of appeals); F. Supp., F. Supp. 2d, F. Supp. 3d (district courts); regional state reporters such as A., N.E., N.W., P., S.E., S.W., So.
Short forms after the first full citation: Brady, 373 U.S. at 87; id. (the same source as immediately before); id. at 88.
Statutes, regulations and rules
| Authority | Example | Spoken as |
|---|---|---|
| Federal statute | 18 U.S.C. § 1001 | "eighteen U.S.C. section one thousand one" |
| Federal regulation | 45 C.F.R. § 164.512(e) | "forty-five C.F.R. section one sixty-four point five twelve e" |
| Federal rule | Fed. R. Civ. P. 30(e); Fed. R. Evid. 403 | "Federal Rule of Civil Procedure thirty e"; "Rule 403" |
| Constitution | U.S. Const. amend. IV | "the Fourth Amendment" |
Transcribing citations
- Type what was said, in standard form. Spoken "three seventy-three U.S. eighty-three at eighty-seven" becomes 373 U.S. 83 at 87. If the speaker says "at page eighty-seven," type at page 87.
- Keep the speaker's words. If the attorney says "Rule 12(b)(6)," do not expand it to "Federal Rule of Civil Procedure 12(b)(6)." If they say "section," many transcripts write the word Section rather than the § symbol; follow the style sheet.
- Verify case names. Use a legal database or a free source such as a court website, Google Scholar or CourtListener to confirm spelling. Party names are often unusual.
- Do not correct a wrong citation. If counsel misreads a volume number, the transcript keeps it (with (sic) only if it matters; Chapter 5).
- Italics for case names follow the transcript's style. Many transcripts use roman type for case names; v. is always lowercase with a period.
- Punctuation: commas separate the name, volume-reporter-page, and pinpoint; the year sits in parentheses.
In the citation Miranda v. Arizona, 384 U.S. 436 (1966), what does 384 represent?
The page on which the opinion begins
The docket number of the case
The number of justices who joined the opinion
The volume number of the United States Reports
What is the difference between binding and persuasive authority?
Binding authority comes only from statutes, while persuasive authority comes only from cases
Binding authority must be followed by the court, while persuasive authority may be considered but need not be followed
Binding authority is any decision from the same year
Persuasive authority must be followed if it is more recent
An attorney says, "under three seventy-three U.S. eighty-three at eighty-seven." How should this be transcribed?
under 373 U.S. 83 at 87
under three seventy-three U.S. eighty-three at eighty-seven
under 373 US 83-87
under Brady v. Maryland, 373 U.S. 83, 87 (1963)
Sections you finish are checked off in the contents.