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Chapter 25Free sample

Foreign Law

Neutral citations, law reports, codes and translations, cited for a U.S. reader.

A U.S. reader meets a foreign citation as a stranger: unfamiliar courts, unfamiliar reports, a portal in another language. Your citation has to carry that reader to the exact passage and say whose law it is. Below, a judgment of the U.K. Supreme Court and a section of the German Civil Code, each taken apart.

A judgment cited by its neutral citation, paragraph and law report

Prest v. Petrodel Res. Ltd., [2013] UKSC 34, ¶ 35, [2013] 2 A.C. 415 (U.K.).

  1. 1 case name, shortened as for a U.S. case
  2. 2 neutral citation: year, court code, judgment number
  3. 3 paragraph you rely on
  4. 4 the report the home courts cite first
  5. 5 country

A code section, under the title its official portal prints

Bürgerliches Gesetzbuch (BGB) [Civil Code] § 823(1) (Ger.).

  1. 6 title as the portal heads it, abbreviation included
  2. 7 your English, in brackets
  3. 8 section, in the code’s own numbering
  4. 9 subsection the text numbers
  5. 10 country

25.1Reading a foreign citation

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25.2Whose form: the home court’s or yours

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25.3Common-law judgments: neutral citations and law reports

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25.4Civil-law decisions and the ECLI

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25.5Statutes, codes and constitutions

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25.6Original titles and translations

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25.7Foreign law in U.S. courts

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25.8Short forms

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25.9Errors to catch

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Chapter 25: Foreign Law — The Citation Code