This post covers citation in legal research and writing.
In legal research and report writing a researcher is supposed to show a number of references used in his or her work.
The references will help the reviewer of the reports to trace sources of information and also exonerate the researcher from plagiarism liabilities.
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Citation in legal research and writing
Citing means providing due acknowledgment and recognition to the authors of any resources you have utilized or that have had an impact on your report.
You must provide both an in-text citation and a complete reference in your bibliography for your referencing to be deemed comprehensive.
When a reader encounters an in-text citation, they can use the bibliography to find all the necessary details to find the mentioned item.
Consider a reference as the document’s address.
The item must have each component in place for the reader to be able to locate it.
Why do you need citations in legal research and writing?
There are numerous reasons why it’s critical to correctly acknowledge and reference other people’s work in your research including;
- It will show that you are taking academic responsibility seriously by citing other researchers
- Using quotations from other authors’ words and thoughts to avoid plagiarism
- It will allow your reader to locate the sources you’ve cited
- It will demonstrate to your audience that you have done thorough research
- It will boost the authority, expertise, and trustworthiness of your research
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Citation guidelines in legal research and writing
Here I will provide a list of some common legal citations that you may use in your work.
- Journal and Articles
- International Instruments
- Case Law
- Online Source
Guidelines on citing textbooks are as follows
Name of Author or Authors, Titles of the Book, Publication details, Publishers, Town and Year, and Page reference if required.
Reisman, D (1998), The Political Economy of Health Care, pp. 19 – 140, St. Martins Press, New York.
Houghton, Walter E, Victorian Poetry and Poetics, Cambridge; Harvard University Press, 1959
Book With Edition
Smith, G (1970), Administrative Law, 2ndEd, Oxford University Press, London.
A book consisting of two authors
Martin, R and Robert Strange (1969), Law without Precedent, University of Chicago Press, Chicago.
More than two authors
Martin, R et al (1974), Personal Freedom and the Law in Tanzania, Oxford University Press, Nairobi.
JOURNALS AND ARTICLES
Name of the author, the title of the article in quotations, Name of the Journal, Vol. No of the Journal, Issue No, Page No.
Example: Binamungu, C.S (1996) “Land as Collateral for Loans in Tanzania; Some Complications”, Uongozi Journal of Management Development, Vol. 2, Issue No. 1, pp. 71 – 84
Name of country, Name of the Act/ Statute, Number, Calendar, Year, Publisher and Place of Publication.
Example: Tanzania Government of, Finance Act, No. 18 of 2002, Government Printers, Dar es Salaam
When citing regulations, include the name of the regulation and the year.
Ex:(FCC Broadcast Radio Services, 1999).
Name of an author or authors, Year, Title in italics, Type of publication, Research Group, Name of Institution, Country.
Example: Peel, C (1998), Aspects of Neutral Network for Modeling and Control, Dissertation, the University of Newcastle upon Tyne, UK.
Name of parties, Year in which the case was Reported, Law Report and Page number of the case.
Example: Said Ali Maswanya vs. African Buyer , TLR, p. 221
Name of the parties, Name of Court and Place, No. of the case and year indicated as an unreported case.
Example: Hadija Mnene vs. Ally Maberi Mbaga & NBC, HC – Civil Appeal No. 40 of 1998 (Unreported).
Name of the writer/ author, Article, Name of the Newspaper, Page Number, Issue Number and date.
Example: Mini Michuzi, “Sports and Games in Tanzania”, Sunday News, p. 7, Issue No. 2, 12th May 2006.
City in which they are concluded and the year
Example: Stockholm Conference of 1972
Sometimes they are cited by their subject matter and the year in which it was concluded.
Example: Universal Declaration on Human Rights of 1948
Name of the author, date published (if not available insert ‘n.d’), the title of the article/post, the website name, Article Url, retrieved/accessed date
Example: Jacobson, I. (n.d.). Prenuptial Agreement Sample Form and 5 Mistakes to Avoid. [online] theknot.com. Available at: https://www.theknot.com/content/prenuptial-agreement-sample-form-mistakes [Accessed 8 Nov. 2019].
You have to bear in mind that, referring to the books or any source without acknowledging it will amount to academic crime; that is ‘plagiarism’.
Also in writing a bibliography, one has to put it in chronological order, with no numbering, and adhere to all guidelines as provided above.
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Binamungu, C.S, and M.C. Mukoyogo, (2005), Studying Law Skills; A guide for Beginners in Law, Mzumbe Book Project, Mzumbe.
Kombo, D.K and D.L.A. Tromp (2006), Proposal and Thesis Writing; An Introduction, Pauline’s Publications Africa, Nairobi.
Shumbusho, G.N, (1997), Basic Academic Writing; A Reference Guide, RIP, Mzumbe.