Misplaced Pages

United States District Court for the Northern District of California

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

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.

#919080

47-624: The United States District Court for the Northern District of California (in case citations , N.D. Cal. ) is the federal United States district court whose jurisdiction comprises the following counties of California : Alameda , Contra Costa , Del Norte , Humboldt , Lake , Marin , Mendocino , Monterey , Napa , San Benito , San Francisco , San Mateo , Santa Clara , Santa Cruz , and Sonoma . The court hears cases in its courtrooms in Eureka , Oakland , San Francisco , and San Jose . It

94-535: A serial number . Citations to these reporters use the serial number in place of a page number. If a decision has not been published in a reporter, more identifying information is needed. Generally, citations to unreported cases involve the name of the court , the date of the decision and the case number assigned by the court. For example: Sø- og Handelsrettens dom af 3. maj 2018 i sag nr. V-17-17 (The Maritime and Commercial Court 's judgment of May 3 in case no. V-17-17). Certain authors format these citations to mimic

141-410: A judge be annually certified by the chief judge as having met at least one of three criteria: In addition, §371(e)(1)(e) provides that a judge not meeting any of these criteria may be certified as being in senior status by the chief judge if the criteria were not met "because of a temporary or permanent disability". The United States Code does not refer to senior status in its body text, although

188-662: A retired justice no longer participates in the work of the Supreme Court itself. That same year, Willis Van Devanter became the first Supreme Court justice to exercise the option. Since this option became available to Supreme Court justices, only ten have died while still in active service, the most recent being Ruth Bader Ginsburg on September 18, 2020. In 1954, Congress revised requirements for senior status. Federal judges or justices could still assume senior status at seventy with ten years of service, but they could also assume senior status at 65 with fifteen years of service. In 1984,

235-460: Is either the chief judge or the circuit justice of the circuit. For any other court, this supervisor is the chief judge of the court. Retired justices can be assigned to any court (except the Supreme Court) that the justice is willing to accept. Theoretically, a retired justice could also be assigned to act as circuit justice for a circuit, but this has never occurred. In 1919, Congress created

282-770: Is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit . Because it covers San Francisco and Silicon Valley , the Northern District of California has become the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation ) involving " Big Tech " defendants. These cases usually involve patent law and intellectual property law (such as copyright law and DMCA issues as well as trademark law and trade secret law ) - especially in

329-584: Is italicized as in all other countries and the party names are separated by v (English) or c (French). Prior to 1984 the appellant party would always be named first. However, since then case names do not switch order when the case is appealed. Undisclosed parties to a case are represented by initials (e.g., R v RDS ). Criminal cases are prosecuted by the Crown, which is always represented by R for Regina (queen) or Rex (king). Reference questions (advisory opinions) are always entitled Reference re followed by

376-477: Is made, either in section 371 or in section 294 (which does address the assignment of retired justices), of senior justice . In practice, when a circuit or district judge on senior status sits on an inferior court case, the judge is referred to as "Senior Judge" in the opinion, while a retired justice is referred to as "Associate Justice" when doing so. The rules governing assignment of senior judges are laid out in 28 U.S.C. § 294. In essence, under normal conditions,

423-468: Is now [2005] 1 SCR 791. Most full stops are also removed from styles of cause. The seventh edition also further highlights the significance of neutral citations (i.e., tribunal-assigned citations that are publisher-independent). In 1999 the Canadian Judicial Council adopted a neutral citation standard for case law. The format provides a naming system that does not depend on the publication of

470-651: Is the citation by using the European Case Law Identifier , a ″neutral″ citation system introduced by the Council of the European Union in 2011, which Germany is participating in. The most important cases of the Federal Constitutional Court are published by the court in its official collection. This collection is abbreviated BVerfGE , whereas BVerfG is short for Bundesverfassungsgericht ,

517-575: The Federal Social Court ( Bundessozialgericht , BSG) is abbreviated BSGE  [ de ] . The official collection of the Federal Fiscal Court ( Bundesfinanzhof , BFH) is BFHE  [ de ] . Senior status Senior status is a form of semi- retirement for United States federal judges . To qualify, a judge in the federal court system must be at least 65 years old, and have served at least 10 years, and

SECTION 10

#1733085996920

564-515: The Free Access to Law Movement . The resulting flood of non-paginated information has led to numbering of paragraphs and the adoption of a medium-neutral citation system. This usually contains the following information: Rather than utilizing page numbers for pinpoint references, which would depend upon particular printers and browsers , pinpoint quotations refer to paragraph numbers. In common law countries with an adversarial system of justice,

611-535: The United States , there is no consensus on the pronunciation of the abbreviation v. This has led to much confusion about the pronunciation and spelling of court cases: During oral arguments in Planned Parenthood v. Casey (1992), the participants demonstrated the lack of consensus on the pronunciation of " v. ", using different pronunciations. Solicitor General Ken Starr even managed to use all three of

658-575: The semiconductor , telecommunications and software industries and other high technology areas, antitrust law , securities law , and technology law in general ( e.g. , cybersecurity , Internet law , computer law and cases involving software ). California was admitted as a state on September 9, 1850, and was initially divided into two districts, the Northern and the Southern , by Act of Congress approved September 28, 1850, 9 Stat. 521. The boundary line

705-498: The "short citation" of published cases. The Danish Court Administration is currently working on a public database which will make all judgments available to the public (currently only the Supreme Court as well as the Maritime and Commercial Court do this). The database is expected to implement the European Case Law Identifier , which will make uniform, neutral citations of decisions possible. In Germany there are two types of citation:

752-509: The German article . If decisions are not yet published by the court, or will not be published at all, law journals can be cited, e.g., Where NJW stands for the law journal Neue Juristische Wochenschrift , 2009 is the year, 1234 the page of the beginning and 1235 the cited page(s) – "f." stands for "seq.". In general, citations of the official collections are preferred. The Federal Court of Justice ( Bundesgerichtshof , short BGH) publishes

799-500: The German court name, and E stands for Entscheidung (decision). Starting in 2004, the court also publishes the BVerfGK collection, containing decisions made only by a Kammer , a specific panel of the court. The so-called Volkszählungsurteil  [ de ] for example could be cited in full and in short. For the meaning of the different case numbers of the BVerfG see

846-478: The Northern District of California represents the United States in civil and criminal litigation in the court. As of March 21, 2023 the United States attorney is Ismail Ramsey . Case citation A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper,

893-424: The bench for ten years and six months and was 75 years old. In 1937, the option was extended to Supreme Court justices, although justices so electing are generally referred to as "retired" justices rather than having senior status. A senior justice is essentially an at-large senior judge, able to be assigned to any inferior federal court by the chief justice , but receiving the salary of a retired justice. However,

940-415: The case in a law report. The standard format looks like this: There is a unique court identifier code for most courts. Denmark has no official standard or style guide governing case citation. However, most case citations include the same elements. Citations of decisions published in a reporter usually consist of the name or abbreviation of the reporter , the year or volume , the page number where

987-439: The chief judge of that court can assign a senior judge of that court to perform any duty within the circuit that the judge is willing and able to perform. In special cases, the chief justice can assign a senior judge to any court. This is referred to as an assignment by designation , and requires that a certification of necessity be issued by the appropriate supervisor of the court. For a circuit or district court, this supervisor

SECTION 20

#1733085996920

1034-417: The chief judge or judicial council of a circuit may assign a senior judge belonging to that circuit to perform any duty within the circuit that the judge is willing and able to perform. A senior district judge can be assigned to an appellate case, and a circuit judge can be assigned to preside over a trial. For courts that do not fall within a circuit, such as the United States Court of International Trade ,

1081-538: The citation usually contains the following information: In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported within its covers. In such citations, it is usual in these jurisdictions to apply square brackets "[year]" to

1128-491: The court would otherwise be qualified for the position. When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status , or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982. The United States Attorney for

1175-478: The decision begin (sometimes followed by an identifying number if more than one judgment is on a page), as well as the name or abbreviation of the court which decided the case . As an example, the "Aalborg Kloster-judgment", a precedent-setting Supreme Court judgment regarding strict liability , is published in Ugeskrift for Retsvæsen volume 1968 as the second judgment on page 84. A citation of this case could take

1222-421: The district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of

1269-509: The form U.1968.84/2H , UfR 1968 84/2 H , Ugeskrift for Retsvæsen 1968, p. 84/2 , or something similar. In this case U , UfR and Ugeskrift for Retsvæsen identify the reporter, 1968 identifies the year or volume, 84 identifies the starting page, /2 indicates that the judgment is the second one on that particular page, and H identifies the court which decided the case. Certain reporters, such as Tidsskrift for Skatter og Afgifter, do not identify published decisions by page number, but by

1316-419: The full citation of a case and its shortened form. In e.g. scientific articles, the full citation of a particular case is only used at its first occurrence; after that, its shortened form is used. In most law journals, the articles themselves only use the shortened form; the full citations for all articles sometimes are summarized at the beginning of that journals edition. A third type (yet not too widely spread)

1363-530: The late 1990s, however, much of the legal community has converged to a single standard—formulated in The Canadian Guide to Uniform Legal Citation / Manuel canadien de la référence juridique , commonly known as the " McGill Guide " after the McGill Law Journal , which first published it. The following format reflects this standard: Broken into its component parts, the format is: The Style of Cause

1410-972: The methods of citation used in England . A widely used guide to Australian legal citation is the Australian Guide to Legal Citation , commonly known as AGLC, published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . The standard case citation format in Australia is: As in Canada , there has been divergence among citation styles. There exist commercial citation guides published by Butterworths and other legal publishing companies, academic citation styles and court citation styles. Each court in Australia may cite

1457-558: The most common American pronunciations interchangeably: This is the process of analysis that is quite familiar to the Court, very lengthily laid out by Justice Harlan in his dissent in Poe versus Ullman, and then adumbrated in his concurring opinion in Griswold against Connecticut. ... Well, I think that that is the necessary consequence of Roe vee Wade. Legal citation in Australia generally mirrors

United States District Court for the Northern District of California - Misplaced Pages Continue

1504-586: The most seniority in a given court. After 1948, the most senior judge was given the title "chief judge". In 1958, the term "senior judge" was given its current meaning of a judge who had assumed senior status. In a 2007 article in the Cornell Law Review , David Stras and Ryan Scott suggested that senior status may be unconstitutional . In the United Kingdom, retired justices of the Supreme Court of

1551-521: The names of the opposing parties are separated in the case title by the abbreviation v (usually written as v in Commonwealth countries and usually as v. in the U.S. ) of the Latin word versus , which means against . When case titles are read out loud, the v can be pronounced, depending on the context, as and , against , versus , or vee . Most Commonwealth countries follow English legal style: In

1598-406: The official collections BGHSt  [ de ] for its criminal law decisions and BGHZ  [ de ] for those in private law . The Katzenkönigfall  [ de ] e.g. would be cited in full and in short (in this example, the page cited is not specifically page 347 but that and those which follow, as indicated by the abbreviation "ff."). The official collection of

1645-547: The print citation. For example, This format was adopted as the standard in 2006, in the sixth edition of the McGill Guide. Prior to this format, the opposite order of parallel citation was used. The seventh edition of the McGill Guide, published 2010-08-20, removes most full stop/period (".") characters from the citations, e.g., a citation to the Supreme Court Reports that previously would have been [2005] 1 S.C.R. 791,

1692-504: The publication of the case in a law report. Most cases are now published on AustLII using neutral citations. The standard format looks like this: So the above-mentioned Mabo case would then be cited like this: Mabo v Queensland (No 2) [1992] HCA 23. There is a unique court identifier code for most courts. The court and tribunal identifiers include: There are a number of citation standards in Canada. Many legal publishing companies and schools have their own standard for citation. Since

1739-488: The publication year (which may not be the year that the case was decided: for example, a case decided in December 2001 may have been reported in 2002). The Internet brought with it the opportunity for courts to publish their decisions on websites and most published court decisions now appear in that way. They can be found through many national and other websites, such as WorldLII and AfricanLII , that are operated by members of

1786-413: The requirements were further revised to what is often called the "Rule of 80": once a judge or justice reached age 65, if the sum of years of age and years of service on the federal bench is eighty or more, the judge is entitled to senior status. The "senior status" option was referred to as "retired judge" in 1919, when it was created. The title of "senior judge" was used to refer to the active judge with

1833-493: The same case slightly differently. There is presently a movement in convergence to the comprehensive academic citation style of the Australian Guide to Legal Citation published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law . Australian courts and tribunals have now adopted a neutral citation standard for case law. The format provides a naming system that does not depend on

1880-442: The senior status option for inferior court judges. Before that, a judge who reached the age of seventy with at least ten years of service as a federal judge was allowed to retire and receive a pension for the rest of their life; afterward, a judge who qualified for retirement could assume senior status. John Wesley Warrington became the first federal judge to exercise this option on October 6, 1919. At that time, Warrington had been on

1927-413: The subject title. If the year of decision is the same as the year of the report and the date is a part of the reporter's citation, then the date need not be listed after the style of cause . If the date of the decision is different from the year of the report, then both should be shown. Where available, cases should be cited with their neutral citation immediately after the style of cause and preceding

United States District Court for the Northern District of California - Misplaced Pages Continue

1974-444: The sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks , and they continue to receive annual cost-of-living increases. The president may appoint new full-time judges to fill

2021-422: The title of 28 U.S.C. § 371 is "Retirement on salary; retirement in senior status." The term senior judge is explicitly defined by 28 U.S.C.   § 294 to mean an inferior court judge who is in senior status. A justice of the Supreme Court who (after meeting the age and length of service requirements prescribed in 28 U.S.C. § 371) retires is thereafter referred to as a "retired justice". No mention

2068-577: The vacancies in full-time judgeships caused by senior status. Some U.S. states have similar systems for senior judges. State courts with a similar system include Iowa (for judges on the Iowa Court of Appeals ), Pennsylvania , and Virginia (for justices of the Virginia Supreme Court ). Senior status at the federal level is defined by statute: 28 U.S.C.   § 371 . To qualify for senior status, §   371(e)(1) requires that

2115-717: Was abolished and the State made to constitute a single district – the United States District Court for the District of California – by Act of Congress approved July 27, 1866, 14 Stat. 300. Twenty years later, on August 5, 1886, Congress re-created the Southern District of California by 24 Stat. 308. Erskine M. Ross was appointed Judge of the new district and served until his promotion to the Circuit Judgeship, when he

2162-471: Was at the 37th parallel of North Latitude. The creating act provided that: The Act of August 31, 1852 made the Judge of the Northern District be Judge of the Southern District as well until otherwise provided, by 10 Stat. 76, 84, effectively creating a single District in all but name until an Act of January 18, 1854 provided for the appointment of a Judge for the Southern District. The Southern District of California

2209-520: Was succeeded by Olin Wellborn . On March 18, 1966, the Eastern and Central Districts were created from portions of the Northern and Southern Districts by 80 Stat. 75. As of May 7, 2024: Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among

#919080