July 28th, 2005
I need some help from those in the know
A super quick request:
When does one italicize legal terms? For instance, would one write, “writ of certiorari” but also write, “the case was granted cert”?
CMS has proven moderately unhelpful (i.e., it is VAGUE) and Garner’s Modern Legal Usage doesn’t help here, either, since I want a general rule and don’t want to look up every term individually.
comments
I don’t know the answer to your question, but I’m really interested in knowing what you are doing it for.
And Did you pick up a copy of Modern Legal Usage?
It’s for work. My editor (and I, to a certain extent) want to italicize a number of terms, but the author of the material has not done so in his manuscript. We’re not sure if he just prefers not to format or if he knows something we don’t.
As for the Modern Legal Usage…I got a copy for Christmas. I am a big dork.
I think the rule is you would italicize words that are in another language. I wouldn’t use “cert” unless it is a quote from someone, but the certiorari should be italicized. Hope that helps.
According to the Blue Book, “Italicize non-English words or phrases unless they have been incorporated into common English Usage. Latin words and phrases that are often used in legal writing are considered to be in common English usage and should not be italicized. However, very long Latin phrases and obsolete or uncommon Latin words and phrases should remain italicized.”
In other words, no italics for certiorari or habeas corpus or prima facie but yes for “ex dolo malo non oritur action” (whatever that means).
Bluebook, right here. How’s that for dorky? (but to be fair, I am at work)
I guess it all depends on your audience. I think you might want to italicize legal Latin phrases for non-legal audiences and follow the Bluebook rule for legal audiences.
Yeah, that’s sort of the problem here. The audience is not a legal audience, per se, though they should be familiar with the terms as they run across them in the material.
We decided to go with italicization (but not for those incorporated into common English, like, well, per se) just because it made everyone feel better.
I believe the other Kristine is right. Italicize any terms that are obviously Latin and not in everyday use. A fortiori, when in doubt, use the crooked letters.