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Avoiding Plagiarism: How do I Cite a Legal Source

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Title: Avoiding Plagiarism: How do I Cite a Legal Source


1
Avoiding Plagiarism How do I Cite a Legal
Source
  • Masters of Science in Health Law Program
  • Presentation Created by Prof. Stephanie Feldman
    Aleong

2
Plagiarism includes
  • Failure to attribute words or ideas which are not
    your own original thought in or after any
    sentence you write.

3
How do you avoid plagiarism?
  • By placing references within or at the end of
    each sentence that contains words or ideas that
    are not your own original thought.
  • Basic legal citation, often referred to as
    Bluebook style, can be helpful to communicate
    the identity of the source to which you are
    referring.

4
The Basics of Legal Citation
  • You will NOT need to become an expert on using
    Bluebook style
  • You will ONLY learn the basic principles of a FEW
    legal source citations
  • You DO NOT have to be perfect at this skill to
    be a wonderful MSHL student.
  • This is ONLY a helpful way for you to communicate
    to your reader 1) the identity of your source of
    authority, and 2) how your reader might locate
    the source to which you refer.

5
The Sources of legal authority you will find in
this presentation
  • Cases/Judicial Opinions
  • Statutesstate and federal
  • Federal Regulations
  • Law Review or Law Journal articles

6
Citing Cases
  • The basic information included in any citation to
    a case usually includes
  • The case namegenerally the last name of the
    FIRST litigant listed for EACH SIDE of the legal
    dispute, with a v. for versus separating the
    names.
  • The volume number of the book in which the case
    can be found.
  • The name of the reporter (the legal book) in
    which the case can be found.
  • The page number of the book on which the case
    begins
  • The COURT name that decided the case.
  • The year in which the case was decided

7
Citing Cases
  • A STATE COURT EXAMPLE
  • Vasquez v. Jones, 503 So. 2d 499 (Fla. 2006).
  • Vasquez v. Jones is the case name.
  • 503 is the volume of the reporter (legal book)
    in which the case can be found.
  • So. 2d is the abbreviation for the NAME of the
    reporter (the Southern Second).
  • 499 is the FIRST page in the reporter on which
    the case can be found.
  • Fla. is the abbreviation for the Florida Supreme
    Court who decided the case.
  • 2006 is the year in which the case was decided.

8
Citing Cases
  • A Supreme Court example
  • Johnson v. Texas, 127 S. Ct. 557 (2006).
  • Johnson v. Texas is the case name.
  • 127 is the VOLUME of the reporter in which he
    case can be found.
  • S. Ct. is the ABBREVIATION for the reporter (the
    Supreme Court Reporter) in which the case can be
    found.
  • 557 is the FIRST page in the reporter on which
    the case can be found.
  • THE SUPREME COURT IS FUNNYyou dont include an
    abbreviation for that court in the parentheses.
  • 2006 is the year in which the case was decided.

9
Citing Cases
  • An federal court example
  • Johns v. Ramsey, 503 F.2d 221 (11th Cir. 2002).
  • Johns v. Ramsey is the CASE NAME.
  • 503 is the VOLUME of the reporter in which the
    case can be found.
  • F.2d is the ABBREVIATION of the reporter (the
    Federal Second) in which the case can be found.
  • 221 is the FIRST page on which the case can be
    found.
  • 11th Cir. Is the abbreviation for he COURT (the
    Eleventh Circuit Court of Appeals) that decided
    the case.
  • 2002 is the YEAR in which the case was decided.

10
Citing Cases
  • How will you know how to abbreviate words in a
    case name if there are companies rather than
    people involved?
  • ANSWER When you click on the tab Abbreviations
    and Omissions Used in Citation, there is a great
    list of the abbreviations used in case names
    under the heading Words in Case Names at
  • http//www.law.cornell.edu/citation/

11
Citing Cases
  • How will you know how to abbreviate the
    reporter (the legal book in which the cases are
    found) and the court who decided the case in a
    citation?
  • ANSWER When you click on the tab Abbreviations
    and Omissions Used in Citation, there is a great
    list of the abbreviations used for reporters and
    for courts under the heading Reporters and
    Courts at
  • http//www.law.cornell.edu/citation/

12
Citing Statutes
  • The basic information included in a citation to a
    statute usually includes
  • For federal statutes, the title of the statute
    (like a volume )
  • The Abbreviation for the state or federal
    code/group of statutes to which you are referring
  • The Section of the statute to which you are
    referring
  • The year in which the statute book/source was
    published/codified in which you found the statute

13
Citing Statutes
  • A State Statute Example
  • Fla. Stat. 316.193 (2007).
  • Fla. Stat. is the abbreviation for Florida
    Statute.
  • is the symbol for section.
  • 316.193 is the number of the section to which the
    writer is referring.
  • In parentheses, 2007 is the year in which the
    statute book/internet edition you used to find
    the statute.

14
Citing Statutes
  • A federal statute example
  • 21 U.S.C.A. 1100 (2007).
  • 21 is the title of the code in which the
    statute appears.
  • U.S.C.A. is the abbreviation for the United
    States Code Annotated, which the writer found on
    Westlaw.com.
  • The is the symbol for section.
  • 1100 is the actual section of the statute to
    which the writer is referring.
  • In parentheses, 2007 is the year in which the
    internet cite was published/updated where the
    writer found the statute.

15
Citing Statutes
  • How will you know how to abbreviate the different
    federal and state codes/groups of statutes in a
    citation?
  • ANSWER There is a GREAT list of abbreviations
    for state and federal statutes which can be found
    at
  • http//legalcitation.net/quikstatcodelist.htm

16
Citing Federal Regulations
  • The basic citation for any federal regulation
    usually includes
  • For federal regulations, the title number
  • The abbreviation for the name of the regulation
  • The section number of he regulation
  • The date of the regulation edition cited

17
Citing Federal Regulations
  • An example
  • 29 C.F.R. 203.5 (2004).
  • 29 is the title number.
  • C.F.R. is the abbreviation for the Code of
    Federal Regulations
  • is the symbol for section.
  • 203.5 is the number of the section to which the
    writer is referring.
  • In parentheses, 2004 is the date of the edition
    of the regulation to which the writer is
    referring.

18
Citing Law Review/Journal articles
  • The basic citation for a law review/journal
    article usually includes
  • The authors name
  • The title of the article
  • The volume number of the edition of the journal n
    which the article was published
  • The abbreviation for the name of the law journal
  • The page number on which the article begins
  • The year in which that edition of the journal was
    published.

19
Citing Law Review/Journal articles
  • An example
  • James Wilson Harshaw III, Not Enough Time? The
    Constitutionality of Short Statutes of
    Limitations for Civil Child Sexual Abuse
    Litigation, 50 Ohio St. L.J. 753 (1989).
  • James Wilson Harshaw III is h authors name.
  • Not Enough Time. . . is the title of the
    article.
  • 50 is the volume number of the law journal in
    which the article can be found.
  • Ohio St. L.J. is the abbreviation for the Ohio
    State Law Journal.
  • 753 is the first page on which the article can be
    found.
  • 1989 is the year in which this edition was
    published.

20
Citing Law Review/Journal articles
  • How will you know how to abbreviate the different
    names of the law reviews or journals?
  • ANSWER There is a great list of the
    abbreviations for the most commonly-cited legal
    periodicals at
  • http//legalcitation.net/qperiod.htm

21
REMEMBER. . .
  • You do not need to cite perfectly!
  • You are citing to show proper credit to the
    source of the ideas you are presenting.
  • You are citing to show your reader where he or
    she could find the sources to which you refer.
  • Just give it your best effort!
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