The law of citations refers to a legal principle that governs the use and importance of legal precedents and authorities in court decisions and legal writings. It is a rule that guides judges, lawyers, and legal scholars in their analysis and interpretation of cases by mandating the consideration and reliance on established legal authorities.
In practice, the law of citations requires judges to follow and apply the legal principles set forth in previous decisions issued by higher courts, particularly appellate courts, known as binding precedents. These binding precedents provide guidance on how similar legal issues should be resolved in subsequent cases. The law of citations also permits judges to consider persuasive precedents, which are decisions made by lower courts or from different jurisdictions that may provide valuable insights or arguments.
Moreover, the law of citations extends to legal writings, such as legal opinions, judgments, briefs, and scholarly articles. Authors are expected to provide accurate and comprehensive citations to relevant legal authorities, including statutes, regulations, case law, and legal commentaries, to support their arguments and propositions. Failure to comply with the law of citations may result in challenges to the credibility and persuasiveness of the legal work.
Overall, the law of citations serves to ensure consistency, predictability, and fairness in the legal system by acknowledging the importance of precedent and established legal authorities in effective legal analysis and decision-making.
