Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

understanding the language of the law... a civics question?

1.make up a likely name for civil case,a criminal case,and an appeal

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  • 1 decade ago
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    They are named for the people involved. The rules vary slightly state to state, but here is the typical scenario:

    Criminal

    People v. Smith or State v. Smith

    If you're referring to a case from one state, but you're in another, like for example, if you're in New York and you're referring to a Texas criminal case against Smith, you'd call it Texas v. Smith

    CIVIL

    Both parties are the names of either people or entities. Entities can be companies or governments. People can also be sued as themselves or as representatives of companies. Here's some typical examples:

    Smith v. Jones

    Smith v. State of Texas

    Smith v. Acme, Inc.

    XYZ Corp. v, Acme, Inc.

    XYZ Corp. v. Jones, as Secretary of State of New York

    APPEALS

    For an appeal, in most states and also in federal court, the one who brings the appeal goes first, but otherwise the rules are the same. Some states do it differently, but it's unusual. For example, there was a famous criminal case in Arizona against a man named Miranda. In Arizona, it was called State v. Miranda. Other states called it Arizona v. Miranda. Miranda was convicted and he appealed all the way up to the Supreme Court. Since Miranda was the one calling for the appeal, his name went first. The appeal in the Supreme Court is called:

    Miranda v. Arizona

    That's where we get the term "Miranda rights".

    Source(s): Blue Book That's the reference book lawyers use to figure this stuff out. The rules get a lot more detailed with all kinds of formalized abbreviations and different ways to refer to the reporters and methods to cite every source you can think of.
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