1

REFERENCING FOR LAW

Everything you ever wanted to know abut referencing - AND MORE - in 1 easy lecture…

2

The lecture...

Plagiarism Referencing the key sources Questions

2

3

PLAGIARISM

BADBAD Academic misconduct Strict liability offence Strong penalties Intellectual theft

Easy to avoid

Referencing ALL your sources...

...correctly

4

WHERE DOES KINGSTON UNIVERSITY DRAW THE PLAGIARISM LINE?

1. a

2. b

3. c

4. d

5. e

6. f

Copying a paragraph from a book. No

acknowledgement that these words have

come from the book.

Copying a paragraph from a book, making

small changes. No acknowledgement.

Cutting and pasting a paragraph from a

website. Deleting one or two

sentences and changing their order. No

acknowledgement.

Building a paragraph by copying short phrases from a number of sources and linking them together using words of your own. A full

reference for each of the books is in the bibliography.

Rewrite a paragraph from a book in your own words. Make the rewritten version shorter and change the language used as well as the order of the sentences. A reference and in-text acknowledgement are

included.

Quoting a paragraph from a web site by indenting the text and adding

speech marks, an in-text citation and reference in the bibliography.

5

Referencing

THE way to avoid plagiarism Demonstrates that you have read around the

subject - this is a GOOD thing Easy You can reference everything, even...

5

6

You can even reference a tombstone!

6

7

WHAT SOURCES WOULD YOU USE IN AN ASSIGNMENT?

Books Cases Legislation Government publications Websites Magazines Newspapers Journals TV Documentaries

8

MOST COMMONLY USED IN LAW… Textbooks Legislation Cases Journal articles Websites

9

REFERENCING, SOME FACTS There are many different referencing styles

Harvard MLA MHRA APA OSCOLA …

Help the reader trace what you have read in your research

Law school uses…

10

xfordtandard for theitationfegaluthorities

11

BOOKSAuthorTitle – in italicsEditionPublisherPlace of PublicationYear of publicationPage number if quoting or giving info

from specific page(s)

12

A Mullis and K Oliphant, Torts (3rd edn Palgrave, Basingstoke 2003) 27

If there are MORE than three authors cite the first one, followed by ‘and others’…

S Gardiner and others, Sports Law (3rd edn Cavendish, London 2006)

13

SECONDARY REFERENCING Always try and read the original source If you cannot, cite what you have read… Deakin and Morris, textbook on land law () citing....

14

WHICH IS THE CORRECT BOOK CITATION?

1. Darbyshire, Penny (2008) Darbyshire on the English Legal System (London: Sweet and Maxwell)

2. Penny Darbyshire, Darbyshire on the English Legal System (2008)

3. Darbyshire 4. Penny Darbyshire, Darbyshire on

the English Legal System (2nd edn. Sweet and Maxwell, London 2008)

15

LEGISLATION… Short title Year Part Section Sub-section Paragraph

Where necessary

16

Chapters

NOT the same as chapters in a book The number of the act passed in the session of

parliament

16

17

Pre 1963 legislation Short Title Regnal year chapter

18Human Rights Act 1998 s19(1)(b)

19

Town Police Clauses Act 1847 (10 & 12 Vic., c. 89)

20

DELEGATED LEGISLATION (UK)

title Year (SI year/number)

21

Tax Avoidance Schemes (Information)(Amendment)(No. 2) Regulations 2007

(2007/3103)

22

23

CASES A case may be reported in the media but not in a law

report To be reported cases must be ‘legally significant’ Every year around 200000 cases are heard, only

2000 get reported

24

CASES - AUTHORITY The Law Reports

ACQBChFam

WLR All ER Specialist, e.g. Family Court

Reports Journals News papers, e.g. the Times

Most authoritative

25

CASES

Part names Year reported (NOT heard/decided) Volume of law report series Abbreviation of law report series Page number that the report starts on Court that the case was heard in Pinpoint – if necessary

26

CASES - CITATIONS

Giles v Thompson [1993] 2 WLR 908

parties

yearreported vol # abbreviation pg #

•Use [year] when the date is essential for finding the case•Use (year) when it is not e.g. vol #s of cases/journals are sequential

27

The rules about brackets

27

1999 2008

(year)

[year]

28

NEUTRAL CITATION

Cases assigned a neutral citation – c. 2001 onwards

Party names Year court Judgement number

29

CASES – NEUTRAL CITATIONS

R (Ebrahim) v Feltham Magistrates Court [2001] EWHC Admin 130

parties

year of judgement court

judgement #

30

CASES – ABBREVIATIONS

Abbreviation of Law Reports (and journals) Cardiff Index to Legal Abbreviations http://www.legalabbrevs.cardiff.ac.uk

31

CITING LAW REPORTS

BEWARE! Some series have >1 abbreviation

AELR and All ER and All Eng all refer to the All England Law Reports

Some abbreviations refer to >1 series so context is important WLR = Weekly Law Reports and Washington Law Review

32

WHICH IS THE CORRECT CITATION?

1. Carlill v Carbolic Smokeball [1893] 1 QB 256

2. Carlill v Carbolic Smokeball 1893, QB, vol. 1 page 256

3. Carlill v Carbolic Smokeball (1893) Queens Bench Reports

4. Cl v Carb Smok [1893] LRQB 1, 256

33

Quoting a Judge

OSCOLA uses very little Latin, so...

33

34

JOURNAL ARTICLES

Author Article Title Year of publication Volume number Publication abbreviation Start page of article Pinpoint – if necessary

35

JOURNAL ARTICLES Helen Xanthaki, Legal transplants in legislation:

defusing the trap (2008) 57 ICLQ 659, 662

The rules on brackets also apply

Cardiff Index will help you here too

36

WHICH IS THE CORRECT CITATION FOR A JOURNAL ARTICLE? 1. Mattias Kumm, 'Why Europeans

will not embrace constitutional patriotism', [2008] 6 IJCL 117.

2. Kumm, 6 ICJL 117 3. Kumm, Mattias (2008) 'Why

Europeans will not embrace constitutional patriotism', International Journal of Contitutional Law 6(1) pp. 117-136

4. http://www.westlaw.co.uk

37

Items from online databases (Westlaw, LNB etc)

Reference these as you would if you were reading them in print

A link to the item is NOT enough!

37

38

WEBSITES Use with care – more details coming soon! Author, 'Title' (type of document if relevant) <URL>

accessed Date If no author is available then you can use the

organisation name, and if this is absent use 2 em-dashes: (--)

39

Home Office, 'Anti-Social Behaviour Orders' <http://www.homeoffice.gov.uk/anti-social-behaviour/penalties/anti-social-behaviour-orders> accessed 2 June 2006

Lord Bingham, 'The Judges: Active or Passive' (2005 British Maccabaean Lecture at Cardiff Law School) <http://www.law.cf.ac.uk/publiclecture/transcripts> accessed 2 June 2006

40

WHERE CAN YOU FIND OUT THE CORRECT ABBREVIATION FOR A JOURNAL/LAW REPORT TITLE?

1. Guess

2. Law database

3. The back of a book

4. Cardiff Index to Legal Abbreviations, online

5. Ask your friend

41

[1993] AC 593 - WHAT TYPE OF DOCUMENT IS THIS A REFERENCE TO?

1. Journal Article

2. Website

3. Case

4. Book

42

WHERE COULD YOU FIND OUT WHAT THE ABBREVIATION FAM STOOD FOR?

1. Cardiff Index to Legal Abbreviations, online

2. Ask

3. Guess

4. Books in the law section of the Nightingale Centre

43

Is ignorance of the rules of plagiarism an excuse to get you off?

Yes No

43

44

Why should you reference?

To avoid plagiarism To acknowledge the work of others To demonstrate your wider reading Because you feel like it Because you have to To be polite

44