Texts for Legal Referencing? (1 Viewer)

[MiuMiu]

Re: Substituting books

Ok you win Frigid, referencing is piss easy and anyone who buys a guide must be a moron. Happy?

 

[Frigid]

Re: Substituting books

Ok you win Frigid... Happy?

nah. i have much other work to do.

as to Moonlight's point, my personal preference is to italicise the year.

 

[LaraB]

Re: Substituting books

We use the Butterworths one as hfis said provided they use the same system you wont have a problem, just make sure, you don't want to be using them wrong system in an exam or assignment I was also told to just make sure you are consistant as well :uhhuh:

Don't you guys use Stuhmcke anymore? Coz according to half the lecturers Stuhmcke is like, God lol

It shouldn't really matter what one you use people as long as you're consistent, but if you get a picky lecturer/unit coordinator etc they may specify, so if they want a particular one, use it, otherwise any is good as long as you're consistent and use it properly

 

[melsc]

Re: Substituting books

Don't you guys use Stuhmcke anymore? Coz according to half the lecturers Stuhmcke is like, God lol

Yes we do, its the same book, I just couldnt remember the authors name
The lecture actually pointed out that the referencing used in the judgement we were discussing was different to ours, I didn't realise until then there was more than one way to do legal referencing...

 

[sarahn]

Australian Guide to Legal Citation (2nd ed, Melbourne University Law Review Association Inc, Melbourne, 2003)


The text above is prescribed, but i have the Butterworths one By Anna Stuhmcke called Legal Referencing 2nd Edition (It is a little blue book with some gold on its front cover). Question is, can i use this isntead of the Australian guide to legal citation?

didnt you get the Guide to Legal Citation for free? we all got given them in o-week....

 

[hfis]

didnt you get the Guide to Legal Citation for free? we all got given them in o-week....

Smart arse. No, you got them for free because it's the University of Melbourne (or more accurately, the UMelb Law Review) that wrote and produced the Guide. Everyone else has to pay.

 

[MoonlightSonata]

Bahaha love your sig hfis

 

[melsc]

I know its classic, I saw it and for a moment thought it was the CLA

Quick referencing question, I am working on an assignment for a social science subject which uses Harvard, I want to refer to legislation, its ok to just cite it as I would for my law subjects isnt it? I dont think harvard has protocol for legislation.

 

[melsc]

I've got two referencing questions if anyone doesn't mind helping.

1. When summarising what a judge said e.g.

Here they must demonstrate that the risk was reasonably foreseeable that is ‘not far fetched or fanciful’ Council of the Shire of Wyong v Shirt* . Here it has been noted by Mason J that the test is an undemanding one and that a risk that is unlikely to occur can still be foreseeable, thus it is not a test of probability but one that accesses whether the risk is far fetched or fanciful.

*includes a footnote with the citation - (1980) 146 CLR 40

Basically thats what I want to say (mind my lack of eloquence ) but I think you need a page or parragraph reference and I was using the casebase version, is there anyway to pin point it or have I referenced it sufficiently? Otherwise I could cite the extract I suppose but thats more complicated.

2. It is ok to footnote your citations is it not? Apparently one teacher expects the citiations in text while the other doesn't care, they mainly say we should be consistant, I just thought it was standard practice to footnote to save on the word limit and to keep it neat.

 

[= Jennifer =]

The worst thing about legal referencing is when u have note 34 for example and then when u fix it up and stuff u have to go and change all the places u have note 34 to the new number

hope that made sense I doubt it did

 

[MaryJane]

Basically thats what I want to say (mind my lack of eloquence ) but I think you need a page or parragraph reference and I was using the casebase version, is there anyway to pin point it or have I referenced it sufficiently? Otherwise I could cite the extract I suppose but thats more complicated.

In my experience, how you've referenced it is fine: pinpoint references are only ever used for direct quotes. But, just to cover all your bases, I'd edit the paragraph so Mason's judgement flows right in from the 'far fetched and fanciful' bizo. And I'd save your word/page count by referencing Wyong v Shirt in a footnote.

2. It is ok to footnote your citations is it not? Apparently one teacher expects the citiations in text while the other doesn't care, they mainly say we should be consistant, I just thought it was standard practice to footnote to save on the word limit and to keep it neat.

In law I always use footnotes. The only time I reference in text is for psych following the APA format. I've never seen a citation book, or heard a lecturer ask for an intext reference in law... oh, except open book final exams where you just write "FSA (Wyong v Shirt)". I totally agree that footnotes are so much more appealing and cleaner.

The worst thing about legal referencing is when u have note 34 for example and then when u fix it up and stuff u have to go and change all the places u have note 34 to the new number

hope that made sense I doubt it did

Thats why I number all my references, so, in the footnote while I'm writing the draft it will say "ref 4 @ 32". Then, right at the end, I'll go through and insert the correct reference. It saves so much time!... But took me until half way through 2nd year to develop it

 

[melsc]

The worst thing about legal referencing is when u have note 34 for example and then when u fix it up and stuff u have to go and change all the places u have note 34 to the new number

hope that made sense I doubt it did

I know it happened to me Jennifer :burn: Oh well at least I know for the next one comming up.

Thnx Mary Jane

 

[Rorix]

In my experience, how you've referenced it is fine: pinpoint references are only ever used for direct quotes. But, just to cover all your bases, I'd edit the paragraph so Mason's judgement flows right in from the 'far fetched and fanciful' bizo. And I'd save your word/page count by referencing Wyong v Shirt in a footnote.

I can't agree - it's always good form to cite the passage of law upon which you rely, while direct quotes are never concise enough with a word counted assignment one still should be referring to a particular passage

Not like the kids these days, citing a 100 page case for 1 piece of authority making it quite clear they haven't actually read the case...smh..

 

[neo o]

PS: You really should be using section 5B of the CLA instead of Wyong.

 

[MoonlightSonata]

In addition to Wyong

 

[LaraB]

I can't agree - it's always good form to cite the passage of law upon which you rely, while direct quotes are never concise enough with a word counted assignment one still should be referring to a particular passage

Not like the kids these days, citing a 100 page case for 1 piece of authority making it quite clear they haven't actually read the case...smh..

Depends on the assignment and the marker.

One lecturer's 1st piece of advice for researching the contracts assignment we're currently doing, for example, was DO NOT use direct quotes as you should be incorporating the issues raised into your own response anyway, so all that is required, and preferred, is to cite the paragraph/s the concept arose from.

 

[melsc]

PS: You really should be using section 5B of the CLA instead of Wyong.

No, because the assignment required us to advise the client pre-CLA and post CLA Its all handed in anyway...I don't want to think about the horrid mark that it will achieve.