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Guide to Legal Research - Legal Citation Print: Acts / Cases / Books / Journal Articles / Treaties Electronic: Medium Neutral Citation / Journal Articles / Treaties / "Born Digital" Material Bibliography It is extremely important to cite your sources correctly so that readers can locate the material you have referred to. In Australian guide to uniform legal citation Rosenberg states that "there is no room for innovation or individual ad hoc rules when citing legal sources". There are a plethora of style guides available from the Library which can be consulted for further guidance. These guides will often vary slightly with regard to secondary material but the important point is to adhere to one style and maintain consistency. Acts of Parliament When citing an Act it is necessary to include the following:
State Owned Corporations Act 1989 (NSW) s 27(2) Cases When citing cases it is important to use accepted standards, particularly regarding the use of round and square brackets. Square brackets enclose the year of publication when the year is essential in finding the case (i.e. when the volume numbers are not sequential and unique and cannot by themselves direct you to the right volume). When the volume numbers are sequential and unique and the year is not essential for finding the case, round brackets are used. Round Brackets: Baker v Campbell (1983) 153 CLR 52 Where: Baker v Campbell = parties involved 1983 = year of publication or date of judgment 153 = volume CLR = recommended/preferred abbreviation for report series (Commonwealth Law Reports) 52 = page number Square Brackets: Hoeper v Neldner [1932] SASR 173 Pinpoint citation: Eastick v Cat Protection Society of Queensland (1994) 15 QldLawyerReps 75 at 76 or, Eastick v Cat Protection Society of Queensland (1994) 15 QldLawyerReps 75, 76 In these examples, 76 refers to the page where the point under discussion is located. This is called a pinpoint citation. Books Unlike legislation or cases, books may be cited in a number of ways. It is essential that the same style be used consistently throughout a piece of writing and follows a recognised style (refer to the bibliography at the end of this page). The following examples follow Anita Stuhmcke's Legal Referencing. When citing books, the following information should be included in the following order:
Baker CD, Introduction to Tort, 2nd ed, LBC Information Services, Sydney, 1996 If a book has two or more authors, you may simply cite the first author given and then use the expression "et al". Li X et al, Electronic Styles: a Handbook for Citing Electronic Information, 2nd ed, Information Today, Medford, N.J., 1996 If an editor is referred to rather than an author, the following should be used: Smith P (ed), Feminist Jurisprudence, Oxford University Press, New York, 1993 Journal Articles As with books, there are a number of ways to cite journal articles but consistancy is still essential. The following details should be included in a citation:
Another important consideration, is using the correct mode of citation for each journal. This is the recognised abbreviation that should be used when citing the journal. This normally appears on or near the title page of the journal. Alternatively, you can consult publications such as Australian and New Zealand legal abbreviations by Fong and Edwards which list abbreviations of journal titles. Heal AJ, 'Construction Partnering: Good Faith in Theory and Practice' (1999) 15 Const. L. J. 167-182 Leadbeter P, 'Cat Control for Wildlife Protection: Is There a Role for Local Government?' (1998) LGLJ 215-230 Butcher A, 'The GST and legal practitioners' (1999) 26 (10) Brief 13 In the example first example above, it is unnecessary to include the issue number as the page numbers are cumulative throughout the year. The issue number is essential in example 3 as there were 11 issues of Australian Lawyer in 1996, with each issue havin its own numbering. Treaties Elements that should be included in a treaty or international convention citation are:
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 18 March 1970, The Hague Medium Neutral Citation With an increasing number of cases becoming available online, the adoption of medium neutral citation is currently being debated. This entails referring to the case independantly to a law report series, with the court of judgment provided instead. This gives the researcher the relevant details to find the case regardless of the medium (i.e. paper-based or electronic). Smith v Jones [1998] HCA 1 Where: Smith v Jones = parties involved 1998 = year of judgment HCA = court (High Court of Australia in this example) 1 = court assigned judgment number While the High Court, NSW Supreme Court and others have adopted medium neutral citation, it is always preferable to cite judgments from a law report series if they have been reported. Online Journal Articles If a journal is available in both hard copy and electronically, either can be cited. If it is only available electronically, cite it in style shown bellow. The date is the date the material was accessed. Witzleb N et al, Comparative law and the Internet Online Treaties Many treaties are now available via the Internet or other electronic sources. If it is a UN treaty or convention, you may simply cite the United Nations URL "Born Digital" Material There are some variations in citation styles for Internet material, as a perusal of a few different citation guides will show. Whether you adopt the style below or another recognised style, it is important to maintain consistency in you citations. The following elements should be included where available, though in many cases not all of these elements will be given. Include what you can.
'Paragraph Numbers in High Court of Australia Judgments and the use of "Medium Neutral" Citations' High Court of Australia (updated 12 September 2001) Bibliography Australian Guide to Legal Citation, Melbourne University Law Review Association Inc, Melbourne, 1998 The Bluebook: a Uniform System of Citation, Harvard Law Review Association, Cambridge, Mass., 1996 Fong C, Australian Legal Citation: a Guide, Prospect Media, St. Leonards, NSW, 1998 Fong C & Edwards A, Australian and New Zealand Abbreviations, 2nd ed, Australian Law Librarians' Group, New South Wales Division, Sydney, 1995 Kavass II et al (eds), Bieber's Dictionary of Legal Abbreviations Reversed: a Dictionary of Terms and Titles with Their Abbreviations, William S. Hein & Co., Buffalo, N.Y., 1994 Li X et al, Electronic Styles: a Handbook for Citing Electronic Information, 2nd ed, Information Today, Medford, N.J., 1996 Raistrick D, Index to Legal Citations and Abbreviations, 2nd ed, Bowker-Saur, London, 1993 Rozenberg P, Australian Guide to Uniform Legal Citation, LBC Information Services, Sydney, 1998 |
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