LEARNING OUTCOMES

¾Find the OSCOLA referencing guides;

¾Understand a footnote referencing style;

¾Reference primary and secondary legal sources:

¾Books, journal articles and webpages

¾UK legislation and case law

¾For both footnotes and bibliography

¾Reference pages numbers for direct quotations

¾Use short forms and ibids for subsequent citations

¾Create a bibliography and table of authorities

¾https://www.youtube.com/watch?v=xFhEF0sTCj0

INTRODUCTION

• Golden rule for citation of legal authorities: • Consistency • Consider the reader • The Oxford University Standard for Citation of Legal Authorities provides a consistent

method of citation and is efficient for the reader/legal researcher.

When writing for an academic or professional audience, provide evidence for your claims by citing your sources in footnotes. Legal writing cites primary legal sources (cases, statutes and so on), as well as secondary sources such as books, journal articles, websites and policy statements.

OSCOLA is a footnote style: all citations appear in footnotes. OSCOLA does not use endnotes or in-text citations, such as ‘(Brown, 2007)’. Longer works, such as books and theses, also include citations in tables of cases and legislation, and bibliographies.

CITATIONS AND FOOTNOTES

• OSCOLA – ¾Oxford Standard Citation of Legal Authorities ¾ does not purport to be comprehensive, but gives rules and examples for

the main UK legal primary sources, and for many types of secondary sources

¾ When citing materials not mentioned in OSCOLA, use the general principles … as a guide, and try to maintain consistency.

• Footnote Referencing Style

• References are indicated by a superscript number (1, 2, 3) within the text, normally at the end of the sentence.

• The references are given in a corresponding footnote at the bottom (foot) of the page.

1. Superscript numbers are smaller and set above the normal text. 2. Compare to endnotes: references given at the end of a document.

INSERTING FOOTNOTES

• How to insert footnotes in Word • Insert superscript numbers (1, 2, 3) into your text ¾Word > References tab > Insert Footnote.

¾ Add your reference to the footnote.

¾Close your footnote with a full stop.

CITING SECONDARY RESOURCES

• Page or paragraph numbers should be included at the end of the footnote, for both direct (quotations) or indirect (paraphrasing) quotations;

• Page numbers should not be included in the table of authorities or bibliography.

ORDER OF AUTHOR’S NAME

• Order of author’s name • Footnote • Firstname | Surname • Richard Pears

• Bibliography • Surname | Initials • Pears R

ORDER OF AUTHOR’S NAME CONTINUED

• More than one author • Up to 3 authors • Cite all authors ¾ Author 1, Author 2

¾and Author 3

• More than 3 authors ¾First author and others (et al)

¾Author 1 and others (et al)

BIBLIOGRAPHY

FOOTNOTES FOR BOOKS

• Books ¾Author, | Title of the Book | (Edition, | Publisher | Year)

• Footnote: ¾Lisa Webley, Legal Writing (3rd edn, Routledge 2013).

• Footnote with page number: ¾Lisa Webley, Legal Writing (3rd edn, Routledge 2013) 25.

• Bibliography: ¾Webley L, Legal Writing (3rd edn, Routledge 2013)

BOOK CHAPTERS

• Book chapters • Author, | ‘Title of Chapter’ | in | Editor (ed), | Title of the Book | (Edition, | Publisher |

Year)

• Footnote: ¾Philip Handler, ‘Legal History’ in Dawn Watkins and Mandy Burton (eds), Research

Methods in Law (Routledge 2013).

• Bibliography: • Handler P, ‘Legal History’ in Dawn Watkins and Mandy Burton (eds), Research Methods

in Law (Routledge 2013)

EBOOKS

• eBooks ¾If the ebook provides the same page numbers as in the printed publication, cite the

ebook as if it was the printed book;

¾If the ebook has no page numbers, follow the normal book (or edited book) citation form, including the ebook type/edition before the publisher:

• Example • • Author, | Title of the Book | (Edition | eBook edn | Publisher | Year);

JOURNAL ARTICLES

• Journal articles • Author, | ‘Title of Article’ | [(Year)] | Volume | Abbreviation | First Page • Footnote: • Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221. • Bibliography: • Virgo G, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221

ABBREVIATIONS

• Abbreviations ¾Where possible abbreviate the journal title;

¾Find abbreviations with The Cardiff Index: http://www.legalabbrevs.cardiff.ac.uk/

¾Do not use punctuation in abbreviation;

¾If no abbreviation, then use the full journal title.

WEBSITES

• Websites ¾Author, | ‘Title of Webpage’ | (Title of Website, | Date) | < URL > | accessed Date

• Footnote: ¾Liz Fisher, ‘Gov.UK?’ (UK Constitutional Law Association Blog, 9 May 2013) <

http://ukconstitutionallaw.org/2013/05/09/lizfisher-gov-uk/ > accessed 1 May 2015.

• Bibliography: ¾Fisher L, ‘Gov.UK?’ (UK Constitutional Law Association Blog, 9 May 2013) <

http://ukconstitutionallaw.org/2013/05/09/lizfisher-gov-uk/ > accessed 1 May 2015

SECONDARY CITATION

• Secondary referencing ¾Citing a book or article that you have read about, but not read the original work; Best

academic practice is to obtain the original material and cite it directly, otherwise:

¾Secondary reference | (as cited in | primary reference)

¾Bernard Hibbitts, ‘The Technology of Law’ (2010) 102 Law Libr J 101 (as cited in Graham Virgo, ‘Why Study Law: the Relevance of Legal Information’ (2011) 11 LIM 221, 225)

PRIMARY DOCUMENTS – UK C ASES

• UK Cases • Cases after 2001 ¾Neutral citation, Report citation

• Cases before 2001 ¾Report citation (Court)

• Cases before 1865 ¾Nominate report citation, English Report citation

FORMAT FOR C ASE CITATION

• Case citations • Neutral Citations ¾[Year]

¾Court

¾Number

• Law Report Citations ¾[(Year)]

¾Volume

¾Law Report

¾First Page

• Guide to neutral citation: http://www.bailii.org/bailii/citation.html

ABBREVIATIONS

• Abbreviations • Courts and law reports should be abbreviated; ¾Find abbreviations with The Cardiff Index:

¾http://www.legalabbrevs.cardiff.ac.uk/

¾Do not use punctuation in abbreviation.

C ASES AFTER 2001 NEUTRAL CITATION

• Cases after 2001 (neutral citation) • Case Name | Neutral Citation, | Report Citation ¾Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208

• Case Name | Neutral Citation, | Report Citation, | Page ¾Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208, 210-12

• Case Name | Neutral Citation, | Report Citation, | [Para] ¾Lucasfilm Ltd v Ainsworth [2011] UKSC 39, [2012] 1 AC 208 [8]

C ASES BEFORE 2001

• Cases before 2001 • Case Name | Report Citation (Court) ¾Newspaper Licensing Agency Ltd v Marks & Spencer Plc [2001] Ch 257 (CA)

• Case Name | Report Citation (Court), | Page ¾Newspaper Licensing Agency Ltd v Marks & Spencer Plc [2001] Ch 257 (CA), 260

COURT ABBREVIATIONS

• Common court abbreviations

¾House of Lords HL

¾Court of Appeal CA

¾High Court (Queen’s Bench) QB

¾High Court (King’s Bench) KB

¾High Court (Chancery) Ch

¾High Court (Family) F

C ASES BEFORE 1865

• Cases before 1865 • Case Name | Nominate Report, | English Report ¾Cumberland v Copeland (1862) 1 Hurl & C 194, 158 ER 856

• Case Name | Nominate Report, | English Report, | Page ¾Cumberland v Copeland (1862) 1 Hurl & C 194, 158 ER 856, 858

MORE ON FOOTNOTES

• Note on footnotes • If the full case name (e.g. Lucasfilm Ltd v Ainsworth)1 is given in the text of the essay, then

the footnote need only include the citation:

• 1. [2011] UKSC 39, [2012] 1 AC 208 • Remember to include the full reference in the Table of Authorities at the end of your

work.

UK STATUTES

• UK Statutes (Acts) • Short Title | Year ¾Copyright, Designs and Patents Act 1988

• Short Title | Year, | Section ¾Copyright, Designs and Patents Act 1988, s 163

REPEAT CITATIONS IN LEGAL TEXTS

• When referring to a source that you’ve already cited in OSCOLA, you can simply refer the reader back to the original citation. This saves you words.

• There are two options: • Option 1: ibid • Ibid allows you to point the reader to the footnote immediately above the

current one. In the example below, it tells the reader (at footnote 2) to go back to footnote immediately above (footnote 1).

• Note that ibid only works where you intend to point the reader to the footnote immediately above. You can have a “chain of ibids” if you refer to the same source in a series of footnotes, but once that chain is broken (by a reference to a different source) you need to switch to option 2. You can then go back to ibid if the chain continues.

REPEAT CITATIONS CON’TD

• Option 2: (n X) • This allows you to refer the reader to a footnote earlier in your essay (but not

immediately above). In the example below, footnote 10 points the reader back to footnote 1. To do this, you need to include: the author’s surname or an abbreviation of the case name and (n X), where X is the number of the original footnote. You can then pinpoint another page or paragraph if necessary.

In Short: When referring to the same source twice in a row, use ibid; when referring to a source you used earlier (but you have cited different sources in between), use the (n X) approach. You only need one. “Ibid (n 1)” is wrong and/or a waste of words.

EXAMPLES

• Option 1: 1 R v Cannings [2004] EWCA Crim 1, [2004] 1 WLR 2607 [4].

2 ibid [7]-[9].

3 Neil MacCormick, Rhetoric and the Rule of Law (OUP 2005) 222-224.

Option 2:

10 Cannings (n 1) [42], [59]

11 MacCormick (n 3) 231.

12 ibid 222, 224.

PARAGRAPHS AND PAGE NUMBERS

• Indicating paragraphs and page numbers: • [1] means paragraph 1, but 1 (without brackets) means page 1. • [1]-[2] means paragraphs 1 to 2, while 1-2 means pages 1 to 2. • [1], [5], [10] means paragraphs 1, 5 and 10 (but not 2, 3, 4, etc.). 1, 5, 10 means pages 1,

5 and 10.

WRITING C ASE NOTES

• A case note provides a brief analysis of a case, identifying and examining the key elements of the decision, as well as placing the case in its wider legal and social context.

• Writing a case note:

• F: Facts • Start by setting out the material (that is, important) facts. Keep it concise. Focus on the

facts that you need to know in order to understand the case.

• If you’re dealing with an appeal case, summarise the procedural history. Very briefly explain what happened in the court(s) below, i.e. the claim that was made and what the court decided.

WRITING C ASE NOTES

• I: Issues • Set out the legal issues (or questions of law) that were discussed in the case. • Remember that there is a difference between questions of law and questions of fact. • Questions of law address how the law can be applied to the facts of the case (e.g.

whether hitting someone amounts to battery), while questions of fact address what actually happened (e.g. whether there is evidence to show that the defendant did actually hit the victim).

• You’re likely to be interested in questions of law for the purposes of your legal studies.

WRITING C ASE NOTES

• J: Judgment(s) • You’ll need to explain how the judge(s) reached their decision, analysing their use of

precedent, statute and/or policy considerations.

• Be sure to highlight any dissenting judgments or differences of opinion among the judges.

• You need to identify the ratio decidendi and any obiter dicta. • The ratio(nes) is the reason(s) for the decision, i.e. the legal principle which, when

applied to the facts of the case, led the judge(s) to reach their decision.

• Comments made obiter are points of law that are not necessary to decide the outcome of the case, but they could be influential in future cases (and can provide a starting point for the next section).

WRITING C ASE NOTES

• I: Impact • This is your chance to evaluate the judgment. Consider the legal and social impact it

could have.

• Does it leave questions unanswered or create vagueness? Are there problems in the judges’ reasoning? Would adopting a different perspective (e.g. feminist) have led to a better decision?

• Research relevant cases, articles or books to support your arguments.

WRITING C ASE NOTES

Individual Assignment

The individual assignment for this course consists of a legal research paper on a specific topic in either

patent law, copyright law or trademark law. Choose one of the topics listed below. Ensure that you

engage in preliminary reading and research before choosing your topic. After choosing your topic,

please come to my office for approval and to discuss the outline of your paper. Ensure that you conduct

proper research (no Wikipedia). Your paper should be a maximum of ten pages and a minimum 8 pages

(excluding table of authorities, footnotes and bibliography).

Rubric:

The Deadline for submission of this assignment is at Midnight on the 17th of February. Submission is on-

line. Your paper will be marked out of 20 points. You will be assessed on substance, form, deadlines and

professionalism of your paper. This includes:

1.) Substance: Identification of the legal issues; Knowledge and use of case law and doctrinal analyses;

extent of research; legal analysis {carries 5 points}

2.) Form: Paragraphs, headings, punctuation, spelling and grammar {carries 5 points}

3.) Professionalism: Formatting: correct citation and referencing for lawyers; use of cases, legislation,

journal articles; table of authorities; bibliography/references {carries 5 points}

4.) Meeting Deadlines: Submission of your paper on time for the due date. {carries 5 points}

Sources: Ensure that you use credible resources i.e. legal judgements, journal articles, statutes,

government reports, book chapters etc. (DO NOT USE WIKIPEDIA)

Citation and referencing: The standard of citation for legal writing is NOT APA. Please use OSCOLA, Blue

Book or Harvard style referencing. I have put OSCOLA resources under the course information tab.

Legal Research Topics

1.) In order for any invention to be patentable (i.e. merit a property right through patent certificate)

it must meet the requirements of novelty and inventive step, as laid out in the TRIPS agreement

and in national patent laws, applicable to the domicile of the inventor. Analyse and discuss the

challenges to meeting these criteria for inventors working with genetic material.

2.) A patent is a temporary and territorially limited right, granted by the state to the patentee to

exclusively exploit, license or exclude third parties in relation to a specified invention. The

claimed invention must be sufficiently disclosed to allow ‘a person skilled in the art’ to replicate

it. Analyse the importance of disclosure in the patent specification to the integrity of the patent

law system.

3.) Copyright law covers property rights in creative subject matter such as music, literature, art and

computer software. Copyright owners receive royalties when third parties use their works for

commercial purposes. Analyse and discuss the legal provisions and institutions which allow

copyright owners to be remunerated for use of their works.

4.) Under the TRIPS Agreement (1994) the standard term of protection for copyright is the duration

of the life of the author, plus an additional 70 years. Historically the term of protection for

copyright has varied in different countries. Analyse and discuss the legal impact of the extension

of copyright terms in relation to the public domain.

5.) As property rights under the law, it is possible for trademarks to be subject acts tantamount to

expropriation. However, as intellectual property rights trademarks are subject to specific

limitations on the right to use. Analyse and discuss “the right of exclusive use” of trademarks in

relation to expropriatory governmental acts.