Business Law Referencing

8/19/2019 Business Law Referencing

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Curtin BusinessSchoolCommunicationSkills Centre

Business Law 100:

Referencing


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• Writing at university requires youto source and acknowledgeothers’ ideas.

• To do this you must reference toallow the reader to distinguishyour ideas from those of others.

• In Business Law 100, thereferencing style used is Chicago(v16).

2© Curtin Business School Communication Skills Centre

Business Law 100: Referencing


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You must reference when you:

• paraphrase (using others’ ideas but putting themin your own words);

• summarise (giving a short account of someoneelse’s ideas);

• quote (using someone’s exact words); and

• copy (figures, charts, graphs, tables).

(Adapted from Bretag, Tracey, Joanna Crossman, and Sarbari Bordia. 2009. Communication skills. Australia: McGraw-Hill)


What do I reference?


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Comprises two parts:

1. In-text citations

2. The reference list


Chicago referencing


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Boddy (2012) points out that….

According to MacDonald (2012)….

“Silvestro was ordered to pay costs

of $119.20” (Taylor 2012, 1).


Author’s surnameand date

Author’s surnameand date

Author’s

surname, date,page numberand quotationmarks (this is aquote).

Examples of Chicago in-text

referencing


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Boddy, Natasha. 2011. “Bullies in Public SectorCost 2.7m.” The West Australian,December 2.

Carey, Adam. 2012 “ Ticket Inspector Fails inJob Appeal.” The Age, February 16.http://www.theage.com.au/victoria/ticket-inspector-fails-in-job-appeal-

20120215-1t6ct.htmlDo, Christina. 2013. “Lecture 2: Sources of law:

Legislation and Case law.” PowerPointlecture notes. http://lms.curtin.edu.au


Newspaperarticle

OnlineNewspaperarticle

Lecturenotes

Examples of Chicago end-text

referencing


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Lambiris, Michael and Laura Griffin. 2013.First Principles of Business Law:

Interactive Tutorials and Sourcebook.

Sydney: CCH Australia.MacDonald, Kim. 2012. “Watchdog Chases

Restaurateur.” The West Australian,February 8.

Taylor, Belle. 2012. “Baby Heartbreak.” TheWest Australian, February 7.


Newspaperarticle

Newspaperarticle

Textbook

Examples of Chicago end-text

referencing


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• After a case is decided, a written ‘law report’ is published, setting out what the

case was about and what the judge decided. The reports of individual cases

are published in collections called ‘law reports series’. Each of these

collections has its own name, eg the Commonwealth Law Reports (CLR).

• Each case has its own citation, consisting of a name; a year; the abbreviation of

the law report series in which the law report is published; and a page number,

eg:

Taylor v Johnson (1983) 151 CLR 422.

• The first time you cite a case in an assignment, the case must be cited in full,

as above. Thereafter you are permitted to abbreviate it to the parties names

(Taylor v Johnson)

Note case name in italics, but NOTcitation

Citing case authorities


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• When you state a rule of law you MUST cite authority forthat rule. So an example would be:

– In domestic or social arrangements the court will presume thatparties do not intend to be bound, as in Balfour v Balfour [1919] 2KB 571.

• When you are reading a law report (an actual reporteddecision) this is the law. In law this is a “primary source”.Where you summarise the law that comes from reportedcases, using your own words, it is not normallynecessary to provide a reference using Chicago, other

than the case citation in-text shown above.• A more specific in-text reference will be necessary if you

quote from the judgment. For example:

– “………….” Balfour v Balfour [1919] 2 KB 571 at 574(this is the page number where the quote can befound)

Citing law and citing from reported

cases


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• Law reports are often very long and detailed. For the purposes of study,it is often helpful to read summaries of reported cases, rather than the fullreported decision. The textbook and topic files on blackboard providesummaries of many reported cases.

• For your second assignment and your final exam preparation, you will

rely on the summaries in the textbook. In law, this is a “secondarysource”.

• So, if you quote directly or paraphrase from the textbook you shouldreference this as a secondary source using the Chicago method.

Example of in-text citation of case from Understanding Business

Law:(Jackson v Horizon Holidays [1975] 1 WLR 1468, cited in UnderstandingBusiness Law - Curtin Custom 2014, 92)

End text reference (Reference list):

Understanding Business Law (Custom publication for Curtin University:

Business Law 100), 2014, Chatswood: LexisNexis Butterworths.

Citing Law and citing from case

summaries


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• Law made by a legislature is called ‘legislation’ or ‘statutory law’ oran ‘Act of Parliament’.

• Each Act has a name. An example is the Damage By Aircraft Act 1999 (Cth).

• As with cases, you can abbreviate the name of the legislation afterthe first time you have cited it in full i.e. Damage By Aircraft Act 1999 (Cth) (“DBA Act”). So thereafter you would refer to it in-textas the DBA Act, with the relevant section and/or subsectionnumber i.e. s 3(1) DBA Act.

Damage By Aircraft Act 1999 (Cth).

The name of the ActIn italics

The year of enactmentIn italics

The enacting legislatureNot in italics

Citing legislation


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Reference list

• The Curtin University Chicago Author-Date(16thed) referencing guide for Curtin Universitystudents notes at p.11 that legislation and legal

authorities (reported cases) are only to beincluded in a list of references “if it is importantto an understanding of the work”.

• In this unit, we do not expect either cases orlegislation to be included in the Reference list.

© Curtin Business School Communication Skills Centre 12

Documents

Business Law Referencing