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Integrating Citations into Documents... How many authorities to cite; when and how to cite; plagiarism; signals; etc.

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Presentation on theme: "Integrating Citations into Documents... How many authorities to cite; when and how to cite; plagiarism; signals; etc."— Presentation transcript:

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2 Integrating Citations into Documents... How many authorities to cite; when and how to cite; plagiarism; signals; etc.

3 Why Use Citations? l Lead reader to your sources. l Show depth and breadth of research. l Give attribution.

4 When to Use Citations l In the discussion section. Not in the QP, short answer, facts, or conclusion. l Case descriptions. l Legal rules. l Thoughts that are not your own.

5 A Few Words on Plagiarism l Plagiarism is using someone else’s words, thoughts, or organization without attribution. l Must give citations even if material is not quoted verbatim. l 5-word guideline.

6 Disasters Waiting to Happen l Poor research habits: Writing down direct quotes in your notes without quotation marks. Writing down “ideas” without noting the source. l Preparing drafts without simultaneously inserting citations.

7 Quotations l If you use the court’s exact words, you must put those words in quotations marks. l This rule holds true EVEN if several courts have said the same thing using the same language. l Avoid block quotes -- but follow the rules if you must use a long quote.

8 Paraphrases l If you drew from or relied on a source to develop your thought or idea, you must cite it, even if you did not quote it.

9 Reminder - Headnotes l You cannot cite to, refer to, copy from, or quote a headnote.

10 Solutions l Place a citation after nearly every sentence in the RULE part of your discussion section (except the synthesis or overviews that reflect your original thought). Put direct quotations in quotation marks. l Paraphrase carefully. l If you didn’t know it before you started your research, cite a source.

11 Number of Sources to Cite l “Interested, but busy” reader. l Avoid “string citations.” l Prefer quality and depth over quantity.

12 Placement Options l Citation sentence. l Embedded citation. l Citation clause.

13 Citation Sentences l Place after textual sentence. l Start with a capital letter. l End with a period. l Robbery is a felony. Fortas v. Caston, 457 N.W.2d 778, 782 (Minn. App. 1st Dept. 1997).

14 Citation Sentences: Cases l The first time you cite a case, you must include the full citation. The components of a full citation are:

15 Components of Full Citation l Both parties’ names (EITHER underline or italicize the case name); l The volume number of the reporter; l The reporter abbreviation; l An initial page number; l A court abbreviation (unless the court can be ascertained from the reporter); l The date on which the case was decided.

16 Examples l Crandall v. Grandoff, 734 P.2d 1257 (Mont. 1992). l Foster Bros. v. Indep. Truckers Co., 888 F. Supp. 23 (S.D. Fla. 1984).

17 Pinpoint Citations l Include a pinpoint cite whenever possible so that the reader can locate the exact page on which the relevant information is found. l The pinpoint citation follows the initial page number and is separated from the initial page number by a comma and one space. l If the pinpoint cite is identical to the initial page number, REPEAT that page number. (THIS RARELY HAPPENS.)

18 Examples l Crandall v. Grandoff, 734 P.2d 1257, 1259 (Mont. 1992). l Foster Bros. v. Indep. Truckers Co., 888 F. Supp. 23, 23 (S.D. Fla. 1984). l Jackson v. Tyler, 45 F.3d 134, 134-136 (2d Cir. 1995).

19 Embedded Citations l Within the textual sentence. l End with a comma. l Do not also use a citation sentence. l Typically don’t abbreviate words -- but abbreviating is not wrong.

20 Examples l Correct: In Smith v. Independent School District, 437 N.W.2d 97, 98 (Minn. App. 1st Dept. 1984), the court held that a school could not order the search of a student’s locker without probable cause. l Incorrect: In Smith v. Independent School District, the court held that a school could not order the search of a student’s locker without probable cause. Smith v. Indep. Sch. Dist., 437 N.W.2d 97, 98 (Minn. App. 1st Dept. 1984).

21 Subsequent History l Whenever you cite a case in full, you must include subsequent history. l Subsequent history tells the reader what happened to that case during the appellate process (for example, affirmed, reversed, cert. denied, etc.). l Subsequent history is “tacked onto” the full case cite with a comma.

22 Example l A school cannot order the search of a student’s locker without probable cause. Smith v. Indep. Sch. Dist., 437 N.W.2d 97, 98 (Minn. App. 1st Dist. 1984), aff’d, 440 N.W.2d 1439 (Minn. 1985). l Shepard’s/KeyCite.

23 Short Cites l Use Id. if possible. l May be used with cases, statutes, etc. l Refers to the immediately preceding source.

24 Id. l Indicate any particular variation in which the subsequent citation varies from the former. l Assume different page numbers: l Jones v. Smith, 19 F.3d 14, 16 (3d Cir. 1994). l Id. at 15.

25 Id. l Assume same page numbers: l Jones v. Smith, 19 F.3d 14, 16 (3d Cir. 1994). l Id. l The period in Id. is underlined

26 Other Short Cites - Cases l If the case name (or part of the case name) is referred to in the text, use the short form that includes the volume number, reporter abbreviation, and pinpoint page number.

27 Examples - Options l In Smith, the court held that a school could not order the search of a student’s locker without probable cause. 437 N.W.2d at 98. (citation sentence) l In Smith, 437 N.W.2d at 98, the court held that a school could not order the search of a student’s locker without probable cause. (embedded citation)

28 Short Cites - Cases l If the case name (or part of the case name) is not referred to in the text, use the short form that includes one party’s name, the volume number, reporter abbreviation, and pinpoint page number.

29 Example A school cannot order the search of a student’s locker without probable cause. Smith, 437 N.W.2d at 98.

30 Citing Statutes - Citation Sentences l The first time you cite a statute, give a full citation. You must consult Appendix 1 to determine the information needed for your jurisdiction. l After that, you can use a short cite -- either Id. or other forms such as Cal. Civ. Code § 15.

31 Statutes - Embedded Citations l If you refer to a statute in the text, do not abbreviate the code; instead, spell it out. Correct: Georgia Code Annotated § 837 provides that.... Incorrect:Ga. Code Ann. § 837 provides that....

32 Signals l Link between the text and the citation. l Tells the reader the type and degree of support that the citation gives the textual sentence.

33 Do Not Use a Signal If: l The cited authority directly supports the stated proposition. l The cited authority identifies the source of a quotation. l The cited authority merely identifies the authority referred to in the text.

34 Signals l See: Use when the cited authority (a) supports the stated proposition implicitly or (b) contains dicta that supports the proposition. l Cf.: Use when the cited authority supports the stated proposition only by analogy. l See generally: Use when the cited authority is presented as helpful background information related to the stated proposition.


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