Skills Booklet for U.C.C. Law Students

Transcription

1 Skills Booklet for U.C.C. Law Students Compiled by the Skills Committee, School of Law, U.C.C.

2 Contents INTRODUCTION... 3 PART I PLAGIARISM AND COLLUSION Definition of Plagiarism and Collusion Procedures and Penalties Checking for Plagiarism... 7 PART II CITATION GUIDE Basic Citation of Primary Authority Citation of the Constitution Statute Citation European law International Law Case Citation Basic Citation of Secondary Authority Textbooks Articles in Textbooks Articles in Periodicals/Journals Parliamentary Debates Unpublished Masters and Doctorate Theses Articles in Newspapers Internet Resources Oral Presentations PART III STYLE GUIDE The ILAC Structure Quoting Passages from Other Texts When to indent quoted text When and how to use ellipses Quoting from Sources Quoted in/cited by Another Source Emphasis Using square brackets to modify a quote Hereinafter Rule The use of Italics Footnoting Using footnotes to cross-reference Placement of footnotes in the main text Tables of Contents and Bibliographies Common Errors apostrophes it s and its homophones Judgment and judgement the use of semi-colons

3 subject-verb agreement Ten or 10? American spellings Spell-check errors The Euro Symbol: PART IV LEGAL RESEARCH MATERIALS Priority to be accorded to research materials Primary Materials Secondary Materials Using Research Materials How to use LEXIS and BAILII PART V ORAL PRESENTATION SKILLS General Presentation Advice Useful phrases In response to questions Opening and citing case law Citing other authorities

4 INTRODUCTION A legal education typically revolves around reading cases, statutes, textbooks and articles and attending lectures. However it is difficult to excel in legal studies unless one knows how to engage in comprehensive legal research and how to present one s arguments and ideas in a coherent, logical and structured manner either in written or oral form. Here at UCC, the Law School is committed to providing these essential skills as part of our undergraduate and postgraduate programmes. To this end, a skills course is incorporated into each year of the various undergraduate degree programmes offered by the Law School and into all of the taught postgraduate courses. At undergraduate level the skills modules are: LW1001 Legal Writing LW1101 Legal Writing (Civil Law) LW1156 Legal Research and Writing LW2001 Legal Skills LW2005 Legal Skills and Analysis (Clinical) LW2262 Legal Skills and Analysis LW3360 Moot Court. A skills element is incorporated into each of the thesis modules as part of our taught and research Masters postgraduate programmes: LW6006 LLM (International Family Law) Dissertation LW6538 LLM Mode A Dissertation LW6547 LLM (Criminal Justice) Dissertation LW6565 LLM (Practitioner) Dissertation LW6569 LLM (Child and Family Law) Dissertation LW6571 LLM (International Human Rights Law & Public Policy) Dissertation LW6575 LLM (Intellectual Property and e-law) Dissertation LW6594 LLM (Business Law) Dissertation LW6630 (Marine and Maritime Law) Dissertation LW6631 (Environmental and Natural Resources Law) Dissertation. There are also dedicated skills modules offered to our LLB students and to our PhD students: LW6004 Research Methods in Law LW6008 Legal Research and Writing. Moreover we offer two degrees, one undergraduate and one postgraduate, that specialise in bridging the gap between the theory and the practice of law. These are the BCL (Clinical) and the LLM (Criminal Justice) degrees. We believe that the provision of dedicated Skills Modules and skills-focused degree programmes 3

5 augments the overall quality of the legal education that we offer and their development is part of our continuing commitment to academic excellence. A core aim shared by all of the Skills Modules is the desire to help students develop skills that lie not only at the very heart of the legal profession but are also valued outside it. These skills include the comprehension and interpretation of complex legal material, the development of a student s critical analytical faculties, the preparation of a structured written argument, and the ability to think on one s feet. In addition, students are taught how to engage with clients and fellow practitioners and how to competently present information within set time constraints. In the undergraduate programmes each successive Skills Module builds upon skills acquired in the previous module(s). Students progress from learning how to read and interpret primary and secondary legal materials, to writing cogent legal arguments, to communicating those conclusions orally. The attainment of these skills is tested through in-class exercises and assignments. At postgraduate level the primary aims of the Skills Modules are to develop advanced research skills and to improve presentation techniques. This booklet contains information that will be relevant to all of these modules and to every course in your law degree. You are expected to be aware of its contents and apply them to your course-work. 4

6 PART I PLAGIARISM AND COLLUSION The Law School does not tolerate the serious academic offences of plagiarism or collusion. Sections A-B detail the Plagiarism and Collusion Policy adopted by UCC on 30 January 2013 ( and consequently by the Law School. Section C provides examples of what constitutes plagiarism. 1.1 Definition of Plagiarism and Collusion 1.1 Plagiarism is the presentation of someone else s work as your own. When done deliberately, it is cheating, since it is an attempt to claim credit for work not done by you and fails to give credit for the work of others. Plagiarism applies not just to text, but to graphics, tables, formulae, or any representation of ideas in print, electronic or any other media. 1.2 In some cases work can be plagiarised inadvertently, but this is usually due to carelessness and poor academic discipline. Whether deliberate or inadvertent, plagiarism undermines scholarship, is a form of academic misconduct, and conflicts with the ethos of the University. 1.3 Much of this policy document is aimed at informing undergraduate and postgraduate students about plagiarism. 1.4 In almost any academic pursuit, one learns from the ideas and the work of others. Therefore, in preparing any work to be presented as part of one s course or for research or scholarship, one must rely on other people s work to develop one s own. It is imperative, however, that this work is fully acknowledged, following the standard referencing practice within the particular discipline. 1.5 At a minimum one must indicate when any material is being quoted directly (e.g. by enclosing it in quotation marks [ ] in the case of text) and cite the source. Also, one must acknowledge the influence of other sources even when they are not being quoted directly. Acknowledgements must be provided at the appropriate point in one s work - it is not enough simply to list the sources at the end of one s work. 1.6 In some cases, particularly in the professional academic arena, plagiarism will also be a breach of copyright, which can expose the copier to civil or even criminal legal proceedings. However, plagiarism is not confined to cases of breach of copyright, since it can relate to unpublished material, such as someone else s notes, which may not be covered by copyright. Also, while copyright has an expiry date, no such date applies to plagiarism. 5

7 1.7 Collusion is a form of plagiarism. If one allows someone else to copy one s work, this is collusion and both parties are guilty of plagiarism. Also, if one presents work as one s own individual effort, where it has in fact been developed jointly with others, this is regarded as collusion. This would obviously not be the case where students work as groups and submit one assignment as a group. Appropriate cognizance should be taken of this fact in departmental or course plagiarism policies Procedures and Penalties [Relevant extracts from the UCC Guide to Examinations for Academic Staff & Students (Breach of Examination Regulations)] Students should note that when they submit written assessments they will be required to sign a declaration that this work is wholly their own work. All essays, dissertations and projects submitted will be checked for plagiarism. Where Examiners suspect candidates of cheating in an essay, dissertation, project, departmental or school tests or other assessed assignment, they will consult their Head of Department or Head of School or nominee If the Head of the Department or Head of School or nominee considers that an offence has occurred, the Head will either: (a) Make a full report in writing to the Student Records and Examinations Officer in which case the procedures for an invigilated examination will be invoked (b) Exercise discretion to pursue the matter without reference to the Student Records and Examinations Officer, in which case the Head will inform the candidate of the allegation and provide the student with reasonable opportunity to provide an explanation, before determining the appropriate penalty, which will not exceed assigning a mark of zero in the piece of work to which the offence relates. For the avoidance of doubt, this provision relates to the mark allocated to the full piece work concerned and not the section or part deemed to have been plagiarised. No sanction may be extended beyond the result for the piece of work concerned. The candidate, having been informed of the penalty, may choose either: (i) to accept the penalty as a final decision in which case a summary report of the circumstances of the case and level of penalty exacted will be lodged by the Head with the Student Records and Examinations Officer or (ii) to have the matter considered by the Student Records and Examinations Officer, thereby invoking procedures to be adopted in 6

8 6.5.5 through , whereupon the Head will make a full report in writing to the Student Records and Examinations Officer In all cases where a report has been submitted by the Head of Department or Head of School or nominee to the Student Records and Examinations Officer, the Head or nominee will warn candidates that this report has been made, and inform them in writing of their entitlement to make a written statement to the Student Records and Examinations Officer The corresponding reports will be considered by the Student Records and Examinations Officer and the relevant Head/Dean or nominee who will invite the candidate to a meeting to discuss the matter If it is considered that there is not a case to answer, or there is a case to answer but that a penalty within the range of discretion of the Head is appropriate, the matter will end there and the student and Head of Department or Head of School will be so informed in writing by the Student Records and Examinations Officer If it is considered that there is a case to answer but a penalty outside the discretion of the Head may be appropriate, the allegation will be reported to the Registrar & Senior Vice-President for Academic Affairs, who with the Chairperson of the Discipline Committee, will consider the matter and determine the penalty in accordance with the procedures applicable to invigilated examinations Checking for Plagiarism Before you submit your assignment read through it carefully checking for the above errors. In particular, make sure that you have not mistakenly deleted an attributory footnote through the editing process. It is very easy to inadvertently plagiarise when you cut and paste passages from internet research. This is important to emphasise: plagiarism is not only deliberate but it can occur due to inadvertence/carelessness. However inadvertent/careless plagiarism is still plagiarism. To protect yourself from being accused of plagiarism: (1) when you are gathering information make sure that you note the full reference information of the source you are gathering from and if it is a direct quote make sure to enclose it in quotation marks to differentiate it from your own thoughts/notes. This will ensure that you will have all the necessary information to cite the source correctly if you subsequently quote from or paraphrase this source in your essay. (2) Be particularly careful when cutting and pasting to ensure you keep accurate track of where quoted passages begin and end. 7

9 If you are unclear about what plagiarism is or how to reference materials correctly you should consult with the lecturer who set the assignment prior to submitting your work and/or you should consult the sections in this Skills Booklet which is also available online at < It is your responsibility to know and to understand the rules against plagiarism. The issue of plagiarism, and the seriousness with which it is regarded by the Law Department, has now been brought to your attention. You cannot plead after the fact that you did not know/understand the rules. Ignorance can no longer be a defence. Please review the following examples of what constitutes plagiarism. You have been asked to write an essay on whether you believe that rape complainants are treated differently than other victims of crime. You have decided to focus on the issue of cross-examination and you wish to include the following quote that you found on page 34 of John M. Conley and William M. O Barr s Just Words: Law, Language and Power, 2 nd ed. (Chicago: University of Chicago Press, 2005): Rape victims are not allowed to negotiate a middle course between emotion and reason. Defence lawyers push them to extremes. At one moment, the lawyer portrays the woman as so emotional that she probably consented to sex, regretted it, and then brought charges to get revenge; at the next, he depicts her as too rational and controlling to have been lured into domination by another. This is plagiarism: In light of this information, it is clear that rape victims find themselves in an untenable position. They are not allowed to negotiate a middle course between emotion and reason. Defence lawyers push them to extremes. At one moment, the lawyer portrays the woman as so emotional that she probably consented to sex, regretted it, and then brought charges to get revenge; at the next, he depicts her as too rational and controlling to have been lured into domination by another. It is plagiarism because you have not placed quotation marks around the directly quoted passage and you have not footnoted it to the relevant page of Conley and O Barr. This is plagiarism: Rape victims find themselves in an untenable position. They are not allowed to negotiate a middle course between emotion and reason. The rape victim is forced into one of two extremes. She is either so emotional that she 8

10 consented to sex but now seeks revenge or she is too rational and controlling to have allowed herself to be dominated by another. It is plagiarism because, although you have altered the wording somewhat, the phrasing of the sentence is virtually identical to Conley and O Barr s and you have not acknowledged the authors by footnote. Conley and O Barr discuss the case of rape victims in chapter two of their book. They do so under the following main headings: Rape and Power Principles of Conversation Analysis The Conversation Analysis of Rape Trials Is it Really about Rape? This is plagiarism: In this essay, I will look at the question of whether rape complainants are treated differently than other victims of crime by focusing on one part of the trial process the cross-examination of the complainant. The essay will take the following structure. In Part A, I will examine the crime of rape as an exercise in power. In Part B, I will review research that has looked at the language used by defence lawyers when they cross-examine rape complainants, starting with an introduction to the work of conversation analysts and the principles they apply. In Part III, I will ask whether the strategies used by lawyers when they cross-examine rape complainants are exclusive to rape trials or whether the same strategies are used in other contexts. In other words, are the strategies of linguistic dominance used really about rape? It is plagiarism because you have taken the structure Conley and O Barr applied in their book without acknowledging them as the inspiration for the approach you have taken. 9

11 PART II CITATION GUIDE Citation is the means by which written work is referenced by quoting a book or author in support of a fact or statement. In addition to giving authority to written legal material, it also allows the reader to access the materials that have been referenced and to demonstrate scholarly excellence. While there is widespread agreement as to the importance of citation, i.e. referring to the source of your statement or argument, there are a number of different citation styles. Some vary from discipline to discipline, for example citation in Social Science is very different to citation in Law, while even within a single discipline there may be a diversity of citation styles used. This variation can be jurisdictional, i.e. different countries use different styles, or it can be commercial, i.e. different publishing houses based in the same country use their own house style. This section is designed to simplify legal citation for you. In this section you will be provided with samples of how primary and secondary materials are cited within the discipline of Law in Ireland. In some cases you will be given more than one citation option. You may choose any of the styles shown. However as a golden rule, once you have selected a style you must adhere to it. For example if you chose to use fullstops when using abbreviated journal titles (e.g. M.L.R.) you must also use them when you cite case reporters (e.g. I.R.). Consistency is key in citation because if you shift between various styles then you may forget to include some important information (e.g. the year of publication) and the overall visual coherence of your work is damaged. The latter point is especially important because sloppy citation indicates sloppy research. Note that occasionally lecturers will provide you with examples of how secondary sources are cited in the United States. This is for information purposes only. You should always adhere to the style convention(s) favoured in this jurisdiction. 2.1 Basic Citation of Primary Authority Citation of the Constitution Basic citation format When you cite the Constitution you will mostly do so in the main body of the text of your essay/answer. This means that the citation forms part of the content of a sentence. In Ireland we have had two constitutions, the 1922 Constitution and the 1937 Constitution. Therefore, the first time you mention either Constitution in the main text of your essay/answer, please note which one you are referring to, e.g. Article 2 of the 1937 Constitution. After that you can delete the reference to the year in the main text of your answer, e.g. This Article of the Constitution was amended in 10

12 . This deletion of the reference to the year in the main text of your essay/answer is subject to two exceptions: (a) If you refer to both constitutions in your answer, then you should consistently state which constitution you are discussing or the reader may become confused; (b) in footnotes. See below. Note that the word Constitution is not in italics and that you use a capital letter C when referring to either Irish Constitution. When you talk generally about constitutions, the lower case c is utilised Pinpointing Pinpointing is when you specify to a particular Article of the Constitution rather than talking about the Constitution as a whole. In academic writing you will either pinpoint to the relevant Article (or Articles) in the main body of the text or in footnotes. (i) in the main body of text Article 47 of the 1937 Constitution is relevant here which is set out in Article 20.1 of the 1937 Constitution. The purpose of Article of the 1937 Constitution is The first example is where you wish to talk generally about the content of the Article (e.g. Article 47 sets out the referendum process). However if you wished to focus on a specific paragraph or sub-paragraph within an Article you should follow the approaches set out in the second and third examples above. Please note the use of after the sub-paragraph in the third example. In order to access this character in Word, search for it in the Symbol section of the Insert tab. (ii) in footnote 1937 Constitution, Article Constitution, Art Constitution, Article Constitution, Art. 2. The abbreviation for Article is Art. and while some publications use the abbreviation in both footnotes and the main text of the document, the general preference is to confine the use of the abbreviated form to footnotes, if the abbreviated form is used at all Statute Citation Basic citation format 11

13 Parental Leave Act 1998 Electoral Amendment (No. 2) Act 2002 Mental Health Act 2001 Criminal Justice (Theft and Fraud Offences) Act 2001 In some textbooks a comma is inserted before the year of the statute: Parental Leave Act, In both of these options the title and year of the statute is italicised. Although the Irish Reports series does not italicise the title of the statute it is the exception. Standard citation practice nationally and internationally of statutes favours the use of italics Pinpointing In the context of statutes, pinpointing means directing the reader s attention to a specific section or subsection of a statute. (i) in the main body of text The definition of burglary provided in section 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001 is relevant here. Applying section 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001 it appears that John has committed a burglary. (ii) in footnote - to one section: Criminal Justice (Theft and Fraud Offences) Act 2001, s to more than one section: Criminal Justice (Theft and Fraud Offences) Act 2001, ss. 12, 14. Criminal Justice (Theft and Fraud Offences) Act 2001, ss to more than one sub-section: Criminal Justice (Theft and Fraud Offences) Act 2001, s. 16(1)-(4). Criminal Justice (Theft and Fraud Offences) Act 2001, s. 16(2)(a)-(c). It is preferable that you do not use the abbreviated form of section ( s. ) in the main body of text. However it is permissible to do so. If you do choose to use the abbreviated form of section, please note that you never start a sentence with the abbreviation: 12

14 WRONG RIGHT S. 16 of the Criminal Justice (Theft and Fraud Offences) Act 2001 provides. Section 16 of the Criminal Justice (Theft and Fraud Offences) Act 2001 provides. It is clear therefore that s.16 is relevant to this question because Amended legislation Originally section 113 of the Companies Act 1963 read: A company shall, as from the day on which it begins to carry on business or as from the fourteenth day after the date of its incorporation, whichever is the earlier, have a registered office in the State to which all communications and notices may be addressed. However, section 4(1) of the Companies (Amendment) Act 1982 amended this section and it now reads: A company shall, at all times, have a registered office in the State to which all communications and notices may be addressed. You would convey this change in footnote as follows: Companies Act 1963, s.113 as am. by Companies (Amendment) Act 1982, s.4(1). If the section in question has been replaced by the amendment you insert the words as replaced by instead of as am. by. The abbreviation as rep. by indicates as repealed by. Companies Act 1963, s.296 as replaced by Companies Act 1990, ss Delegated legislation Statutory Instruments can be cited as follows: Local Government (Planning and Development) Regulations (S.I. No. 89 of 1990) Note that some statutory instruments include the title of the parent statute in their title. It is important to remember that different citation formats apply to statute titles and S.I. titles. Statute titles are italicised (see p. 10), S.I. titles are not: Sections 9(2), 9(5), 11, 13, 15 and 20 of the Public Health (Sunbeds) Act 2014 were commenced by the Public Health (Sunbeds) Act 2014 (Commencement) Order 2015 (S.I. No. 37 of 2015). 13

15 Statutory Instruments were referred to as Statutory Rules & Orders prior to 1948 and can be cited as follows: Aliens Order (S.R. & O. No. 395 of 1946) Rules of Court can be cited as follows: Rules of the Superior Courts, 1986 (S.I. No. 15 of 1986) Circuit Court Rules, 2001 (S.I. 510 of 2001) District Court Rules, 1997 (S.I. No. 93 of 1997) Rules of Court are divided into orders and rules and are cited as follows: R.S.C. O. 84, rr R.S.C. O. 84, r. 21 (1) C.C.R. O. 5, r. 1 D.C.R. O Legislation from other jurisdictions Coroners Act 1990 (Canada), s.3(2)(b). Building Societies Act 1986 (U.K.), s.12. Note that if you cite an English statute that is prior to 1963 you must cite it as follows: Name, year, regnal year, chapter. Supreme Court of Judicature Act, 1925, 15 &16 Geo. 5, ch European law Cite EC treaties as follows: Treaty Establishing the European Community, Feb. 7, 1992, [1992] 1 C.M.L.R. 573 [hereinafter EC Treaty], Cite Regulations, Directives, and Decisions of the Council and Commission by the issuing institution, type of legislation, number, and any subdivision cited. Council Directive No. 91/999, art. 5, O.J. L 900/1, at 10 (1991). Commission Regulation 725/67, 1967 J.O. (253) 1. If preferred the full name of the legislative instrument can be given. Commission Regulation 2751/90 Fixing the Import Levies on Compound Feeding Stuffs, Annex, 1990 O.J. (L 264) 37,

16 Do not give the number attached to resolutions, notices, and communications. Instead, cite to a resolution by name (e.g., Resolution of 15 October 1990) and to notices and communications simply as Commission Notice or Commission Communication. Council Resolution of 21 January 1974, O.J. C 13/1 (1974) (concerning Social Action Program) International Law When citing international law, the U.N.T.S. reference should be used or alternatively the International Legal Materials citation. Some examples follow: Statute for the International Criminal Tribunal for the Former Yugoslavia, art. 2, May 25, 1993, 32 I.L.M (1993) Final Act embodying the results of the Uruguay Round, April 15, 1994, U.N.T.S. 1867, 1868 and 1869, 33 I.L.M. 1 (1994) Agreement on Trade Related Aspects of Intellectual Property (T.R.I.P.S.) 1869 U.N.T.S. 299, 33 I.L.M (1994) Case Citation Basic citation format Style of cause, year vol. reporter page. Walpole v. Patridge & Wilson, [1994] 2 Q.B N.A.D. v. T.D., [1985] I.L.R.M Attorney-General s Reference (No. 3 of 1994), [1998] 1 Cr. App. R. 91. Vincent v. Southern Railway Co., [1927] A.C R. v. Sykes, [1961] 3 All E.R. 33. Note that first names are omitted, unless where necessary for distinction: R. v. Smith (Patrick Joseph), [1999] 2 Cr. App. Rep R. v. Smith (Morgan), [1999] Q.B The most common reporter abbreviations are: I.R. Irish Reports I.L.R.M. Irish Law Reports Monthly K.B. King s Bench Division Q.B. Queen s Bench Division Ch. Chancery Division P. Probate 15

17 A.C. All E.R. W.L.R. Lloyd s Rep. C.M.L.R. E.C.R. E.H.R.R. Appeal Cases All England Reports Weekly Law Reports Lloyd s Reports Common Market Law Review European Community Reports European Human Rights Reports For a more comprehensive list of abbreviations, please refer to the following website: < Note that if you do not use an abbreviation (if the reporter is not well-known, for example) the reporter title is italicised. Please refer also to the section on unreported cases below where the abbreviations used by internet sources are provided. Note that some publications omit the full-stops. You are permitted to omit the fullstops IR as opposed to I.R. if you wish but you must remember to do so for all reporters. Be consistent Parallel citation Parallel citation is where the same case is reported in more than one reporter. It is rarely required but parallel cites are sometimes provided to give the reader more opportunities to access the original material. A.G. v. X, [1992] 1 I.R. 1, [1992] I.L.R.M Note that the complete citation is given for each reporter. It would be incorrect to cite as follows: A.G. v. X, [1992] 1 I.R. 1, I.L.R.M Note too that there is a distinction between official reports and unofficial reports. Where possible you should cite to the official reporter. In Ireland the official reporter is the I.R. The I.L.R.M. is an unofficial reporter. In the U.K. there are five main official reporters. Four report High Court decisions, the Q.B., Ch., Fam. and P., and one reports appeals decisions, A.C Unreported judgments Re. Lynrowan Enterprises Ltd. (31 July 2002, unreported), High Court (O Neill J.). An alternative citation format, and one favoured by the Irish Reports, is: Re. Lynrowan Enterprises Ltd. (unreported High Court, O Neill J., 31 July, 2002). 16

18 Again whichever style you select you should use it consistently. Note that it is increasingly common for databases, such as BAILLI, to use what they call Vendor Neutral Citation. This form of citation is created by combining the court and jurisdiction of the otherwise unreported case. Re. Knocklofty House Hotel, [2005] I.E.H.C Commissioners of Customs and Excise v. British Telecommunications Plc., [1999] U.K.H.L. 3. The Vendor Neutral Citation abbreviations that you are most likely to encounter and/or use are: I.E.S.C. I.E.H.C. I.E.C.C.A. U.K.H.L. U.K.S.C. E.W.C.A. Civ. E.W.C.A. Crim. E.W.H.C. Irish Supreme Court Irish High Court Irish Court of Criminal Appeal United Kingdom House of Lords United Kingdom Supreme Court England and Wales Court of Appeal Civil Division England and Wales Court of Appeal Criminal Division England and Wales High Court If and when a case subsequently appears in a reporter both the reporter citation and the Vendor Neutral Citation are noted by the legal database. Vendor Neutral Citations enjoy full official status in England. Please click on the following link for more details: < On the prompting of BAILII, the Irish Courts Service has recently accepted Vendor Neutral Citations. These are used on their website, < BAILII has changed all its Supreme Court citations from 2001 onwards to accord with the official ones. In this limited sense therefore Irish Vendor Neutral Citations are official, but not as official as in England where practice directions have been issued Pinpointing If you are quoting directly from a judgment, referring to a specific section in a judgment or paraphrasing a segment of a judgment you must pinpoint to the relevant page(s), or paragraph(s) if available. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at 90. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at 90,

19 Some publishers omit the use of the word at, replacing it with a comma: People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, 90. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, 90, 93. More common alternatives would be the use of p. or pg. : People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at p. 90. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pp People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pp. 90, 93. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pg. 90. People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pgs People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pgs. 90, 93. With the advent of internet databases it has become more common for cases to have paragraph numbers for ease of citation. Campus Oil Ltd. & Or.s v. Minister for Industry and Energy & Ors., [1983] I.E.S.C. 2 at [6]. More recently, printed case reporters have followed suit. Cases reported in the I.R. now include paragraph numbers: e.g. Governors and Guardians of the Hospital for the Relief of Poor Lying-In Women v. The Information Commissioner, [2013] 1 I.R. 1 at [6]. N.B.: There is a difference between at 6 and at [6]. The former refers to page number 6, the latter to paragraph number 6. This is important to remember if you are citing to a reported source which uses both page numbers and paragraph numbers. Paragraph 6 appears on page 7 of the above case. If you write at 6 when you mean at [6] then you are misdirecting the reader to the headnote and you never cite to the headnote as it is a summary of the case written by a junior barrister rather than a summary written by the judge(s) who wrote the judgment(s). If a source numbers its paragraphs, then you should pinpoint to the paragraph number rather than to the page number as the former is more precise. If a source does not number its paragraphs, pinpoint to the page number. Do not number paragraphs if the source does not number them. There is no need to pinpoint to both. WRONG People (D.P.P.) v. Mekonnen, [2012] 1 I.R. 210 at 230 at [47]. RIGHT People (D.P.P.) v. Mekonnen, [2012] 1 I.R. 210 at [47] English cases 18

20 In England the Law Reports is the main reporter of cases but, confusingly, reference is not made to the L.R. but to the various series into which the reporters are broken down. A.C. Appeal Cases Ch. Chancery Q.B/K.B. Queen s Bench/King s Bench Fam. or P. Probate ( ); Family (1972 -) L.R. R.P. Law Reports Restrictive Practices ( ) I.C.R. Industrial Courts Reports ( ) Industrial Cases Reports ( present) The two other main English reporter series are the All E.R. (All England Reports) and the W.L.R. (Weekly Law Reports). Although both of these reporters are unofficial, the W.L.R. enjoys semi-official status. Accordingly they rank higher than the All E.R. Where possible, preference should be given to official reporters. English and Welsh cases follow the same citation format as Irish case-law. Note: Because Vendor Neutral Citation enjoys official recognition in England and Wales there is no need to refer to BAILII when citing from there because the paragraph numbering is official and the vendor neutral citation is official. Gill v. Sandhu, [2005] E.W.H.C. 43 (Ch.) at [20]. (Ch.) indicates that the case was heard in the Chancery division of the High Court Cases from other jurisdictions When citing or discussing a case from another jurisdiction, you must alert the reader to the jurisdictional source of that decision either in the main body of the text or in footnote. e.g. in text: In the Canadian case Morgentaler v. New Brunswick. e.g. in footnote: Morgentaler v. New Brunswick, (1994) 116 D.L.R. (4th) 750 (Can N.B. Q.B.) Cases from the Court of First Instance (C.F.I.) and Court of Justice (E.C.J.) Always cite cases from before the establishment of the C.F.I. as follows: Case 13/72 Netherlands v. Commission, [1973] E.C.R. 27 Since the C.F.I. was established, E.C.J. and C.F.I. cases have been cited differently: E.C.J. cases: Case C-287/87 Commission v. Greece, [1990] E.C.R. I-125 C.F.I. cases: Case T-131/89 Cosimex v. Commission, [1990] E.C.R. II-1 19

21 Cases from International Courts The general rule here is to cite the published report when it is available using the web version when it is not. There is no need to cite the date of the judgment unless it is not yet published Cases from the European Court of Human Rights While there are many forms of citation in common use for European Court of Human Rights cases, the European Court of Human Rights own rules involve citation as follows: Campbell v. Ireland, no /98, 24, E.C.H.R II [GC] is added if the judgment or decision has been given by the Grand Chamber of the Court. Campbell v. Ireland [GC], no /98, 24, E.C.H.R II The E.H.R.R. series is an unofficial reporting series and is also used: Golder v. U.K., (1973) 1 E.H.R.R International Court of Justice/Permanent Court of International Justice Case name, followed by the parties in brackets: Military and Paramilitary Activities (Nicaragua v. U.S.), 1986 I.C.J. 4 (June 27) (separate opinion of Judge Ago) 2.2. Basic Citation of Secondary Authority Textbooks Basic citation form author(s), title of book (place of publication: publisher, year). M. E. Rodgers, Family Law (London: Blackstone, 1998). K. Wood & P. O Shea, Divorce in Ireland: The Options, the Issues, the Law (Dublin: O Brien Press, 1997) at

22 If a book has more than two authors it is possible to cite it in the footnotes in one of two ways: P. Charleton, P. Anthony McDermott, M. Bolger, Criminal law (Dublin: Butterworths, 1999). or P. Charleton et al., Criminal law (Dublin: Butterworths, 1999). However it is preferable to provide all of the authors names in the bibliography. Note that the Harvard Blue Book, the gold standard of legal citation in the U.S., and other U.S. citation style guides promote the following style: Henry J. Abraham, Justices and Presidents (3d ed. 1992). Wayne R. LaFave & Austin W. Scott, Criminal Law 5.4 (2d ed. 1986). For further information on the Blue Book, please refer to: < This citation is provided for your information only. Please use the preferred Irish style Citation of a new edition of a book The standard form is just slightly modified to provide the additional citation information: R. Byrne & J. P. McCutcheon, The Irish Legal System, 3 rd ed. (Dublin: Butterworth, 1996). R. Clark, Contract Law in Ireland, 5 th ed. (Dublin: Thomson Round Hall, 2004) at 15. Note that there is no comma after the full-stop in edition Citation of Law Reform Commission materials Law Reform Commission reports and consultation papers are cited as books but the standard form is altered with one addition the serial number of the report or consultation paper is inserted after the author and prior to the title of the document: Law Reform Commission, LRC , Report on the Rule against Perpetuities and Cognate Rules (Dublin: Law Reform Commission, 2000). 21

23 Law Reform Commission, LRC CP , Consultation Paper on Business Tenancies (Dublin: Law Reform Commission, 2003) at [1.03] Articles in Textbooks author(s), title of article in X, ed.(s), book citation information first page. C. Fennell, Criminal Law and the Criminal Justice System: Woman as Victim in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press, 1993) 151 at 155. or C. Fennell, Criminal Law and the Criminal Justice System: Woman as Victim in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press, 1993) p. 151 at p Typically only the first page of the article is indicated in the citation. However it is not uncommon for the complete range of pages in the article to be provided: R. Cover, Violence and the Word in Martha Minow & Austin Sarat, eds., Narrative, Violence and the Law: The Essays of Robert Cover (Ann Arbor: University of Michigan Press, 1992) at Articles in Periodicals/Journals author, title of article [year] periodical title first page. author, title of article (year) vol. periodical title first page. Whether or not the year appears in square of round brackets depends on whether or not the periodical uses volume numbers. If there is no volume number then square brackets are used: D. McGoldrick, The Permanent International Criminal Court: An End to the Culture of Impunity? [1999] Crim. L.R K. Crenshaw, Mapping the Margins: Intersectionality, Identity Politics and Violence against Women of Color (1991) 43 Stanford L.R at The author s family name can also be placed first in the citation. However this is more common in bibliographies than in footnotes: Cross, A., Reflections on Bratty s Case (1962) 78 L.Q.R Note that in America the titles of articles are often italicised and the year of the journal is placed to the end of the citation: Naomi R. Cahn, Civil Images of Battered Women: The Impact of Domestic Violence on Child Custody Decisions, 44 Vand. L. Rev (1991). 22

24 This citation is provided to you for information purposes only. In Ireland and in the U.K. the use of inverted commas is standard. Journal titles are frequently abbreviated. Sometimes part of the periodical is abbreviated: Crim. L.R. Harv. L. Rev. Yale L.J. Criminal Law Review Harvard Law Review Yale Law Journal Sometimes the entire title is abbreviated: I.L.T. M.L.R. L.S. I.J. J.B.L. D.U.L.J. I.C.L.J. Irish Law Times Modern Law Review Legal Studies Irish Jurist Journal of Business Law Dublin University Law Journal Irish Criminal Law Journal A full list of Irish law journals is available on the Legal Periodicals database, an offshoot of the IRLII (Irish Legal Information Initiative) database: < The Cardiff Guide to Legal Abbreviations is also useful: < If the title of the journal is entirely unabbreviated, it is preferable not to put it in italics as the abbreviated form is not in italics. That being said, it is quite common for unabbreviated journal titles to be placed in italics in books and articles. The choice is yours, but please be consistent: A.R. Appell, Protecting Children or Punishing Mothers: Gender, Race and Class in the Child Protection System (1997) 48 South Carolina Law Review 577. or A.R. Appell, Protecting Children or Punishing Mothers: Gender, Race, and Class in the Child Protection System (1997) 48 South Carolina Law Review Parliamentary Debates Parliamentary Debates are a useful statutory interpretation tool. You would cite this source as follows: 23

25 Ireland If the Debate you wish to cite to is before the 30 th January 2008 (volume 645) of the Dail Debates, or before 8 th April 2008 (volume 189) of the Seanad Debates you would cite as follows: 83 Dáil Deb. col 556 (17 February 1997). 87 Seanad Deb. col. 907 (21 March 1977). An alternative would be: Dáil Debates 17 th February 1997 col 556. From those dates onwards page numbers are used instead of column numbers. Therefore simply replace col X with the relevant page England 218 Parl. Deb., H.L. (5 th ser.) 260 (1959). 525 Parl. Deb., H.C. (5 th ser.) 300 (1954) Unpublished Masters and Doctorate Theses When citing an unpublished Masters or Doctorate thesis, make sure to include the title of the degree, the university in which the degree was pursued and the year of submission: J. Smith, The Constitutional Family in Ireland (LLM Thesis, University College Cork, 2007) Articles in Newspapers author, title of article title of newspaper (date) page. N. Nolan, The Forgotten Crime Irish Examiner (2 August 2005) Internet Resources Internet resources can take a number of different forms. Please identify which form your source takes and select one of the following citation styles: Documents available in paper format Provide the citation as normal then add the following information: Full Paper Cite <address of site> (date accessed: day month year). 24

26 Law Reform Commission, LRC CP , Consultation Paper on Reform and Modernisation of Land Law and Conveyancing Law (Dublin: Law Reform Commission, 2004) at 62 < reform.ie/consultation%20paper%20 Modernising %20Land%20 Law.pdf> (date accessed: 12 November 2005) Documents not available in paper format Claire Mc Hugh, Has Curiosity Killed the Cat? The Powers and Functions of Ireland s Tribunals of Inquiry [2003] C.O.L.R. IV < html> (date accessed: 28 June 2005). Note that you will not always be able to provide all of this information. If the site is not an academic one it may not exist, for example there is no author identified. In other cases it may not be appropriate if, for example, you have looked at a website generally to illustrate a point. In that case you would use the following format: Company Law Review Group < (date accessed: 4 March 2005). However if you have looked at a specific page within that site you must cite to that page and not just to the home page: Company Law Review Group < (date accessed: 4 March 2005) Oral Presentations You may have attended a lecture or a conference presentation where the speaker makes an interesting point that you wish to refer to in an essay. You would cite this point in one of the following ways: Cite to the original source as cited by the speaker The speaker may have prefaced or concluded his/her comments with the words as noted by Young. In this instance you should cite to the original source. The speaker will frequently have provided a list of references to accompany his/her talk. Search the list, find the relevant passage in the text and pinpoint to it. If the speaker has not provided such a list, approach him/her at the end of the presentation and request further information to enable you to locate the original source Cite to the speaker s presentation 25

27 If the speaker is the original source of the idea and s/he has not yet published an article/textbook on point, you can cite to the oral presentation in a footnote as follows: U. Ní Raifteraigh, The ECHRA 2003: A Practitioner s Perspective (Annual Criminal Law Conference, U.C.C., 29 June 2007). If the speaker circulated a written version of the presentation, this information can be added as follows: U. Ní Raifteraigh, The ECHRA 2003: A Practitioner s Perspective (Annual Criminal Law Conference, U.C.C., 29 June 2007). Notes with author. 26

28 PART III STYLE GUIDE This section is designed to assist you to edit your document to a professional level. Although your work is primarily judged on its content, badly edited or badly presented work looks careless and indicates a lack of precision that could detract from how your work is received. In this section you will be introduced to the basic structure that you should apply to your writing, learn how to incorporate passages from other texts into your material, how and when to use emphasis, and when italics must be used. You will also learn the meaning of some commonly used devices in legal writing, namely the hereinafter rule, ibid., supra, and infra The ILAC Structure The typical organising structure used in legal writing is ILAC: Issue Law Application of law Conclusion For every legal issue that you write about in an assignment or in an exam, you should identify what law governs it, explain how it applies to the question asked and present your conclusion based on the points that you have made. A typical essay or problem question will raise more than one issue. You should address each one in full by following the ILAC structure and in sequence. For example if the question you have been asked requires you to address three issues, this is how the ILAC structure would work: Define Issue 1 Identify the Law Apply the Law to Issue 1 Present your Conclusion on Issue 1 Define Issue 2 Identify the Law Apply the Law to Issue 2 Present your Conclusion on Issue 2 Define Issue 3 Identify the Law Apply the Law to Issue 3 Present your Conclusion on Issue 3 In addition to this organising structure, every essay or problem question should have an Introduction paragraph and a Conclusion paragraph. An Introduction paragraph outlines your position on the statement/question you have been asked to 27

29 discuss and it provides the reader with a road-map of your argument (i.e. what are the issues you will be considering) which assists in the reading process. A Conclusion paragraph sums up the various arguments you have made and ties up any loose ends. It does not engage in new analysis. You should never mention anything in a Conclusion paragraph that has not been discussed in some detail in the main text of your essay. Basic Essay/Answer Structure Introduction ILAC for Issue 1 ILAC for Issue 2 ILAC for Issue 3 Conclusion 3.2. Quoting Passages from Other Texts In general you should use quotations sparingly. A string of quotations indicates a lack of understanding of the information contained in those quotes. It is better to paraphrase and pinpoint to the source of the original material in footnotes. When you insert a quotation into your writing you must also engage with the quote in some way. You must explain its relevance to the argument you are proposing. The general rule (the exception is noted below under indenting) is that quotations must always be enclosed in quotation marks and must be followed by a footnote indicating where the quote is taken from. You must pinpoint to the exact page. A quoted passage should never be used as a full sentence in and of itself. For example, you wish to incorporate the following quote from Stuart Hall s Policing the Crisis: Mugging, the State, and Law and Order (London: Macmillan, 1978) into your work: By August 17th 1972 then, despite the Daily Mirror s talk of a new strain of crime to describe the first English mugging, the term was already familiar, meaningful and connotatively rich. It would be wrong to do the following: 28