Legal Writing

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Legal Writing
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Presenting Legal Writing

• Coursework MUST be presented
• Word processed
• Spell Checked
• On time PENALTIES for LATE SUBMISSION
• Within WORD LIMIT MORE PENALTIES
• PROPER USE OF REFERENCES

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Legal References

• In coursework you will be expressing your own
  ideas but also relying on a wide range of sources
  to
• show you know the law and legal issues
• to back up your arguments
• You should refer to your sources
• In footnotes
• Using the formal system legal citations/references
  

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What sort of information will I be relying on?

• Judgments Law Reports
• Statutes/EU legislation
• Basic Information in Student Textbooks
• More sophisticated legal arguments made in
  Academic Monographs Articles published in Legal
  Journals
• References to other materials

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Formal System of Legal Citation

• Consistent approach to citation - Follow a
  citation Style Sheet
• Accuracy of references
• Use of Footnotes/Endnotes ease of presentation
• Avoid plagiarism.

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Citation of Journals

• Northern Ireland Legal Quarterly (NILQ)
• Modern Law Review (MLR)
• Law Quarterly Review (LQR)
• Public Law (PL)
• European Law Review (EL Rev)
• Common Market Law Review (CML Rev)

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Latinisms

• Ratio of a case, things said in obiter..
• Res Ipsa Loquitor
• Prima Facie
• Legal Dictionary
• Ibid (or Id) at
• Supra at
• Infra at

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Citing Books

• Author Name
• Title of Book
• Year of Publication
• Publisher
• Exact page reference(s)
• Sometimes an essay in a collection of essays

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Consistency Style Sheet

• See handout NILQ Style Sheet
• See materials for sample of coursework submitted
  by a student
• Marks are deduced for poor presentation of
  coursework.

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Citing secondary sources the peril of plagiarism
AN ACADEMIC OFFENCE.
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What is plagiarism?

• QUB Regulations.
• Plagiarism is defined as the presentation of the
  work of others as the writers own without
  appropriate acknowledgement.

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This includes

• This includes auto-plagiarism (to use excerpts
  from his or her previous work without appropriate
  acknowledgment) and self-plagiarism (to submit
  one piece of work more than once, e.g., where
  such work has been previously submitted for a
  different assignment) QUB Study Reg 7.17

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Definition of plagiarism also includes situation
where.

• a student permits another student to copy
  his/her work submitted for assessment. Both
  parties will be dealt with in accordance with
  university procedures QUB Study Reg 7.18
• On the universities procedures see QUB Study
  Regs 7.24 ff

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How serious an academic offence is plagiarism?

• Depends on whether the offence is minor or
  major
• An offence shall normally be designated as minor
  if the piece of work where it occurs counts
  towards one third or less of the assessment for
  the module (Study Reg 7.2)
• An offence shall be designated as major if the
  piece of work where it occurs counts towards more
  than one third of the assessment for the module
  (Study Reg 7.3)

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And the consequences?

• These range from
• a written warning to the student goes on your
  transcript
• to
• an award of a mark of zero for more than one
  module being taken by the student at that time
  and the refusal to allow the student to re-sit
  those modules
• to
• referral of the matter to the Committee of
  Discipline if the decision is that an offence
  merits a penalty more severe than those listed in
  the Regs.

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Rights of Appeal?

• See Study Regs 7.30-7.35
• 7.45-7.50

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But I didnt mean it

• It is important to understand that intention
  does not have a role to play in the definition of
  plagiarism.
• Not meaning to do it, or not knowing you are
  doing it, is therefore not an excuse

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Use your own words!

• In reading and grading your work we are
  interested in YOUR understanding of an idea or
  concept, not in your ability to copy explanations
  from a book or article
• Time pressure often leads to temptation to fall
  into this trap.

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We are experts in spotting plagiarism.

• Mixed citation styles
• Lack of references
• Lack of quotations
• Changes in style
• Unusual formatting font changes
• Being off topic
• Datedness of material
• Anomalies of style
• Computer software

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If in doubt, ASK!

• Though plagiarism is a serious offence, if you
  are clear, careful and honest there should be no
  problem.
• Learning how to make proper and responsible use
  of other peoples work in developing your own
  understanding of a subject is the heart of
  academic life.

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Further guidance (and sources)

• UK Centre for Legal Education,
• http//www.ukcle.ac.uk/resources/plagiarism/index.
  html
• JISC Plagiarism Advisory Service
• http//www.jiscpas.ac.uk/apppage.cgi?USERPAGE7510
  

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Recent acquisition by School of Law