Skills Booklet
for
U.C.C. Law Students
2016-2017
Compiled by the Skills Committee, School of Law, U.C.C.
Contents
INTRODUCTION ......................................................................................................... 3
PART I – PLAGIARISM AND COLLUSION ............................................................. 5
1.1 Definition of Plagiarism and Collusion ............................................................... 5
1.2. Procedures and Penalties..................................................................................... 6
1.3. Checking for Plagiarism ..................................................................................... 7
PART II – CITATION GUIDE ................................................................................... 10
2.1 Basic Citation of Primary Authority .................................................................. 10
2.1.1. Citation of the Constitution........................................................................ 10
2.1.2. Statute Citation........................................................................................... 11
2.1.3. European law ............................................................................................. 14
2.1.4. International Law ....................................................................................... 15
2.1.5. Case Citation .............................................................................................. 15
2.2. Basic Citation of Secondary Authority ............................................................. 20
2.2.1. Textbooks................................................................................................... 20
2.2.2. Articles in Textbooks ................................................................................. 22
2.2.3. Articles in Periodicals/Journals.................................................................. 22
2.2.4. Parliamentary Debates ............................................................................... 23
2.2.5. Unpublished Masters and Doctorate Theses .............................................. 24
2.2.6. Articles in Newspapers .............................................................................. 24
2.2.7. Internet Resources ...................................................................................... 24
2.2.8. Oral Presentations ...................................................................................... 25
PART III – STYLE GUIDE ........................................................................................ 27
3.1. The ILAC Structure .......................................................................................... 27
3.2. Quoting Passages from Other Texts ................................................................. 28
3.2.1. When to indent quoted text ........................................................................ 29
3.2.2. When and how to use ellipses .................................................................... 30
3.3. Quoting from Sources Quoted in/Cited by Another Source ............................. 31
3.4. Emphasis ........................................................................................................... 32
3.5. Using square brackets to modify a quote .......................................................... 33
3.6. Hereinafter Rule ................................................................................................ 33
3.7. The use of Italics ............................................................................................... 34
3.8. Footnoting ......................................................................................................... 35
3.8.1. Using footnotes to cross-reference............................................................. 35
3.8.2. Placement of footnotes in the main text ..................................................... 36
3.9. Tables of Contents and Bibliographies ............................................................. 37
3.10. Common Errors ............................................................................................... 38
3.10.1. apostrophes .............................................................................................. 39
3.10.2. it’s and its ................................................................................................. 39
3.10.3. homophones ............................................................................................. 39
3.10.4. Judgment and judgement ......................................................................... 41
3.10.5. the use of semi-colons .............................................................................. 41
1
3.10.6. subject-verb agreement ............................................................................ 42
3.10.7. Ten or 10? ................................................................................................ 42
3.10.8. American spellings................................................................................... 43
3.10.9. Spell-check errors .................................................................................... 43
3.10.10. The Euro Symbol: € ............................................................................... 43
PART IV – LEGAL RESEARCH MATERIALS ....................................................... 44
4.1. Priority to be accorded to research materials .................................................... 44
4.1.1. Primary Materials....................................................................................... 44
4.1.2. Secondary Materials................................................................................... 44
4.2. Using Research Materials ................................................................................. 45
4.3. How to use LEXIS and BAILII ........................................................................ 46
PART V – ORAL PRESENTATION SKILLS ........................................................... 47
5.1. General Presentation Advice............................................................................. 47
5.2. Useful phrases ................................................................................................... 49
5.2.1. In response to questions ............................................................................. 49
5.2.2. Opening and citing case law ...................................................................... 49
5.2.3. Citing other authorities .............................................................................. 49
2
INTRODUCTION
A legal education typically revolves around reading cases, statutes, textbooks and
articles and attending lectures. However it is difficult to excel in legal studies unless
one knows how to engage in comprehensive legal research and how to present one’s
arguments and ideas in a coherent, logical and structured manner either in written or
oral form. Here at UCC, the Law School is committed to providing these essential
skills as part of our undergraduate and postgraduate programmes. To this end, a skills
course is incorporated into each year of the various undergraduate degree programmes
offered by the Law School and into all of the taught postgraduate courses. At
undergraduate level the skills modules are:







LW1001 Legal Writing
LW1101 Legal Writing (Civil Law)
LW1156 Legal Research and Writing
LW2001 Legal Skills
LW2005 Legal Skills and Analysis (Clinical)
LW2262 Legal Skills and Analysis
LW3360 Moot Court.
A skills element is incorporated into each of the thesis modules as part of our taught
and research Masters postgraduate programmes:










LW6006 LLM (International Family Law) Dissertation
LW6538 LLM Mode A Dissertation
LW6547 LLM (Criminal Justice) Dissertation
LW6565 LLM (Practitioner) Dissertation
LW6569 LLM (Child and Family Law) Dissertation
LW6571 LLM (International Human Rights Law & Public
Policy) Dissertation
LW6575 LLM (Intellectual Property and e-Law) Dissertation
LW6594 LLM (Business Law) Dissertation
LW6630 (Marine and Maritime Law) Dissertation
LW6631 (Environmental and Natural Resources Law) Dissertation.
There are also dedicated skills modules offered to our LLB students and to our PhD
students:


LW6004 Research Methods in Law
LW6008 Legal Research and Writing.
Moreover we offer two degrees, one undergraduate and one postgraduate, that
specialise in bridging the gap between the theory and the practice of law. These are
the BCL (Clinical) and the LLM (Criminal Justice) degrees. We believe that the
provision of dedicated Skills Modules and skills-focused degree programmes
3
augments the overall quality of the legal education that we offer and their
development is part of our continuing commitment to academic excellence.
A core aim shared by all of the Skills Modules is the desire to help students develop
skills that lie not only at the very heart of the legal profession but are also valued
outside it. These skills include the comprehension and interpretation of complex
legal material, the development of a student’s critical analytical faculties, the
preparation of a structured written argument, and the ability to think on one’s feet.
In addition, students are taught how to engage with clients and fellow practitioners
and how to competently present information within set time constraints.
In the undergraduate programmes each successive Skills Module builds upon skills
acquired in the previous module(s). Students progress from learning how to read
and interpret primary and secondary legal materials, to writing cogent legal
arguments, to communicating those conclusions orally. The attainment of these
skills is tested through in-class exercises and assignments. At postgraduate level the
primary aims of the Skills Modules are to develop advanced research skills and to
improve presentation techniques.
This booklet contains information that will be relevant to all of these modules and to
every course in your law degree. You are expected to be aware of its contents and
apply them to your course-work.
4
PART I – PLAGIARISM AND COLLUSION
The Law School does not tolerate the serious academic offences of plagiarism or
collusion.
Sections A-B detail the Plagiarism and Collusion Policy adopted by UCC on 30 January
2013 (http://www.ucc.ie/en/exams/procedures-regulations/) and consequently by
the Law School. Section C provides examples of what constitutes plagiarism.
1.1 Definition of Plagiarism and Collusion
1.1 Plagiarism is the presentation of someone else’s work as your own. When done
deliberately, it is cheating, since it is an attempt to claim credit for work not done by
you and fails to give credit for the work of others. Plagiarism applies not just to text,
but to graphics, tables, formulae, or any representation of ideas in print, electronic
or any other media.
1.2 In some cases work can be plagiarised inadvertently, but this is usually due to
carelessness and poor academic discipline. Whether deliberate or inadvertent,
plagiarism undermines scholarship, is a form of academic misconduct, and conflicts
with the ethos of the University.
1.3 Much of this policy document is aimed at informing undergraduate and
postgraduate students about plagiarism.
1.4 In almost any academic pursuit, one learns from the ideas and the work of
others. Therefore, in preparing any work to be presented as part of one’s course or
for research or scholarship, one must rely on other people’s work to develop one’s
own. It is imperative, however, that this work is fully acknowledged, following the
standard referencing practice within the particular discipline.
1.5 At a minimum one must indicate when any material is being quoted directly (e.g.
by enclosing it in quotation marks [“”] in the case of text) and cite the source. Also,
one must acknowledge the influence of other sources even when they are not being
quoted directly. Acknowledgements must be provided at the appropriate point in
one’s work - it is not enough simply to list the sources at the end of one’s work.
1.6 In some cases, particularly in the professional academic arena, plagiarism will
also be a breach of copyright, which can expose the copier to civil or even criminal
legal proceedings. However, plagiarism is not confined to cases of breach of
copyright, since it can relate to unpublished material, such as someone else’s notes,
which may not be covered by copyright. Also, while copyright has an expiry date, no
such date applies to plagiarism.
5
1.7 Collusion is a form of plagiarism. If one allows someone else to copy one’s work,
this is collusion and both parties are guilty of plagiarism. Also, if one presents work
as one’s own individual effort, where it has in fact been developed jointly with
others, this is regarded as collusion. This would obviously not be the case where
students work as groups and submit one assignment as a group. Appropriate
cognizance should be taken of this fact in departmental or course plagiarism policies.
1.2. Procedures and Penalties
[Relevant extracts from the UCC Guide to Examinations for Academic Staff &
Students (Breach of Examination Regulations)]
6.6.1 Students should note that when they submit written assessments they will
be required to sign a declaration that this work is wholly their own work. All essays,
dissertations and projects submitted will be checked for plagiarism. Where
Examiners suspect candidates of cheating in an essay, dissertation, project,
departmental or school tests or other assessed assignment, they will consult their
Head of Department or Head of School or nominee.
6.6.2 If the Head of the Department or Head of School or nominee considers that
an offence has occurred, the Head will either:
(a)
Make a full report in writing to the Student Records and Examinations
Officer in which case the procedures for an invigilated examination will be
invoked
(b)
Exercise discretion to pursue the matter without reference to the
Student Records and Examinations Officer, in which case the Head will inform
the candidate of the allegation and provide the student with reasonable
opportunity to provide an explanation, before determining the appropriate
penalty, which will not exceed assigning a mark of zero in the piece of work
to which the offence relates. For the avoidance of doubt, this provision
relates to the mark allocated to the full piece work concerned and not the
section or part deemed to have been plagiarised. No sanction may be
extended beyond the result for the piece of work concerned. The candidate,
having been informed of the penalty, may choose either:
(i)
to accept the penalty as a final decision in which case a
summary report of the circumstances of the case and level of penalty
exacted will be lodged by the Head with the Student Records and
Examinations Officer
or
(ii)
to have the matter considered by the Student Records and
Examinations Officer, thereby invoking procedures to be adopted in
6
6.5.5 through 6.5.11, whereupon the Head will make a full report in
writing to the Student Records and Examinations Officer.
6.6.3 In all cases where a report has been submitted by the Head of Department or
Head of School or nominee to the Student Records and Examinations Officer, the
Head or nominee will warn candidates that this report has been made, and inform
them in writing of their entitlement to make a written statement to the Student
Records and Examinations Officer.
6.6.4 The corresponding reports will be considered by the Student Records and
Examinations Officer and the relevant Head/Dean or nominee who will invite the
candidate to a meeting to discuss the matter.
6.6.5 If it is considered that there is not a case to answer, or there is a case to
answer but that a penalty within the range of discretion of the Head is appropriate,
the matter will end there and the student and Head of Department or Head of
School will be so informed in writing by the Student Records and Examinations
Officer.
6.6.6 If it is considered that there is a case to answer but a penalty outside the
discretion of the Head may be appropriate, the allegation will be reported to the
Registrar & Senior Vice-President for Academic Affairs, who with the Chairperson of
the Discipline Committee, will consider the matter and determine the penalty in
accordance with the procedures applicable to invigilated examinations.
1.3. Checking for Plagiarism
Before you submit your assignment read through it carefully checking for the
above errors. In particular, make sure that you have not mistakenly deleted an
attributory footnote through the editing process. It is very easy to inadvertently
plagiarise when you cut and paste passages from internet research.
This is important to emphasise: plagiarism is not only deliberate but it can occur due
to inadvertence/carelessness. However inadvertent/careless plagiarism is still
plagiarism. To protect yourself from being accused of plagiarism:
(1) when you are gathering information make sure that you note the full
reference information of the source you are gathering from and if it is a
direct quote make sure to enclose it in quotation marks to differentiate it
from your own thoughts/notes. This will ensure that you will have all the
necessary information to cite the source correctly if you subsequently quote
from or paraphrase this source in your essay.
(2) Be particularly careful when cutting and pasting to ensure you keep
accurate track of where quoted passages begin and end.
7
If you are unclear about what plagiarism is or how to reference materials correctly
you should consult with the lecturer who set the assignment prior to submitting your
work and/or you should consult the sections in this Skills Booklet which is also
available online at <http://www.ucc.ie/en/lawsite/currentstudents/handbooks>. It
is your responsibility to know and to understand the rules against plagiarism.
The issue of plagiarism, and the seriousness with which it is regarded by the Law
Department, has now been brought to your attention. You cannot plead after the
fact that you did not know/understand the rules. Ignorance can no longer be a
defence.
Please review the following examples of what constitutes plagiarism.
You have been asked to write an essay on whether you believe that rape
complainants are treated differently than other victims of crime. You have decided
to focus on the issue of cross-examination and you wish to include the following
quote that you found on page 34 of John M. Conley and William M. O’Barr’s Just
Words: Law, Language and Power, 2nd ed. (Chicago: University of Chicago Press,
2005):
“Rape victims are not allowed to negotiate a middle course between emotion
and reason. Defence lawyers push them to extremes. At one moment, the
lawyer portrays the woman as so emotional that she probably consented to
sex, regretted it, and then brought charges to get revenge; at the next, he
depicts her as too rational and controlling to have been lured into
domination by another.”
This is plagiarism:
In light of this information, it is clear that rape victims find themselves in an
untenable position. They are not allowed to negotiate a middle course
between emotion and reason. Defence lawyers push them to extremes. At
one moment, the lawyer portrays the woman as so emotional that she
probably consented to sex, regretted it, and then brought charges to get
revenge; at the next, he depicts her as too rational and controlling to have
been lured into domination by another.
It is plagiarism because you have not placed quotation marks around the directly
quoted passage and you have not footnoted it to the relevant page of Conley and
O’Barr.
This is plagiarism:
Rape victims find themselves in an untenable position. They are not allowed
to negotiate a middle course between emotion and reason. The rape victim
is forced into one of two extremes. She is either so emotional that she
8
consented to sex but now seeks revenge or she is too rational and controlling
to have allowed herself to be dominated by another.
It is plagiarism because, although you have altered the wording somewhat, the
phrasing of the sentence is virtually identical to Conley and O’Barr’s and you have
not acknowledged the authors by footnote.
Conley and O’Barr discuss the case of rape victims in chapter two of their book. They
do so under the following main headings:
Rape and Power
Principles of Conversation Analysis
The Conversation Analysis of Rape Trials
Is it Really about Rape?
This is plagiarism:
In this essay, I will look at the question of whether rape complainants are
treated differently than other victims of crime by focusing on one part of the
trial process – the cross-examination of the complainant. The essay will take
the following structure. In Part A, I will examine the crime of rape as an
exercise in power. In Part B, I will review research that has looked at the
language used by defence lawyers when they cross-examine rape
complainants, starting with an introduction to the work of conversation
analysts and the principles they apply. In Part III, I will ask whether the
strategies used by lawyers when they cross-examine rape complainants are
exclusive to rape trials or whether the same strategies are used in other
contexts. In other words, are the strategies of linguistic dominance used
really about rape?
It is plagiarism because you have taken the structure Conley and O’Barr applied in
their book without acknowledging them as the inspiration for the approach you
have taken.
9
PART II – CITATION GUIDE
Citation is the means by which written work is referenced by quoting a book or
author in support of a fact or statement. In addition to giving authority to written
legal material, it also allows the reader to access the materials that have been
referenced and to demonstrate scholarly excellence. While there is widespread
agreement as to the importance of citation, i.e. referring to the source of your
statement or argument, there are a number of different citation styles. Some vary
from discipline to discipline, for example citation in Social Science is very different to
citation in Law, while even within a single discipline there may be a diversity of
citation styles used. This variation can be jurisdictional, i.e. different countries use
different styles, or it can be commercial, i.e. different publishing houses based in the
same country use their own “house style.”
This section is designed to simplify legal citation for you. In this section you will be
provided with samples of how primary and secondary materials are cited within the
discipline of Law in Ireland. In some cases you will be given more than one citation
option. You may choose any of the styles shown. However as a golden rule, once
you have selected a style you must adhere to it. For example if you chose to use fullstops when using abbreviated journal titles (e.g. M.L.R.) you must also use them
when you cite case reporters (e.g. I.R.). Consistency is key in citation because if you
shift between various styles then you may forget to include some important
information (e.g. the year of publication) and the overall visual coherence of your
work is damaged. The latter point is especially important because sloppy citation
indicates sloppy research.
Note that occasionally lecturers will provide you with examples of how secondary
sources are cited in the United States. This is for information purposes only. You
should always adhere to the style convention(s) favoured in this jurisdiction.
2.1 Basic Citation of Primary Authority
2.1.1. Citation of the Constitution
2.1.1.1. Basic citation format
When you cite the Constitution you will mostly do so in the main body of the text of
your essay/answer. This means that the citation forms part of the content of a
sentence.
In Ireland we have had two constitutions, the 1922 Constitution and the 1937
Constitution. Therefore, the first time you mention either Constitution in the main
text of your essay/answer, please note which one you are referring to, e.g. “Article 2
of the 1937 Constitution … .” After that you can delete the reference to the year in
the main text of your answer, e.g. “This Article of the Constitution was amended in …
10
.” This deletion of the reference to the year in the main text of your essay/answer is
subject to two exceptions:
(a) If you refer to both constitutions in your answer, then you should
consistently state which constitution you are discussing or the reader may
become confused;
(b) in footnotes. See below.
Note that the word Constitution is not in italics and that you use a capital letter C
when referring to either Irish Constitution. When you talk generally about
constitutions, the lower case c is utilised.
2.1.1.2. Pinpointing
Pinpointing is when you specify to a particular Article of the Constitution rather than
talking about the Constitution as a whole. In academic writing you will either
pinpoint to the relevant Article (or Articles) in the main body of the text or in
footnotes.
(i) in the main body of text
Article 47 of the 1937 Constitution is relevant here …
… which is set out in Article 20.1 of the 1937 Constitution.
The purpose of Article 26.2.1° of the 1937 Constitution is …
The first example is where you wish to talk generally about the content of the Article
(e.g. Article 47 sets out the referendum process). However if you wished to focus on
a specific paragraph or sub-paragraph within an Article you should follow the
approaches set out in the second and third examples above.
Please note the use of ° after the sub-paragraph in the third example. In order to
access this character in Word, search for it in the “Symbol” section of the “Insert” tab.
(ii) in footnote
1937 Constitution, Article 26.2.1°.
1937 Constitution, Art. 26.2.1°.
1922 Constitution, Article 2.
1922 Constitution, Art. 2.
The abbreviation for Article is Art. and while some publications use the abbreviation
in both footnotes and the main text of the document, the general preference is to
confine the use of the abbreviated form to footnotes, if the abbreviated form is used at
all.
2.1.2. Statute Citation
2.1.2.1. Basic citation format
11
Parental Leave Act 1998
Electoral Amendment (No. 2) Act 2002
Mental Health Act 2001
Criminal Justice (Theft and Fraud Offences) Act 2001
In some textbooks a comma is inserted before the year of the statute:
Parental Leave Act, 1998.
In both of these options the title and year of the statute is italicised. Although the
Irish Reports series does not italicise the title of the statute it is the exception.
Standard citation practice nationally and internationally of statutes favours the use
of italics.
2.1.2.2. Pinpointing
In the context of statutes, pinpointing means directing the reader’s attention to a
specific section or subsection of a statute.
(i) in the main body of text
“The definition of burglary provided in section 12 of the Criminal Justice (Theft
and Fraud Offences) Act 2001 is relevant here.”
“Applying section 12 of the Criminal Justice (Theft and Fraud Offences) Act 2001
it appears that John has committed a burglary.”
(ii) in footnote
- to one section:
Criminal Justice (Theft and Fraud Offences) Act 2001, s. 12.
- to more than one section:
Criminal Justice (Theft and Fraud Offences) Act 2001, ss. 12, 14.
Criminal Justice (Theft and Fraud Offences) Act 2001, ss. 12-14.
- to more than one sub-section:
Criminal Justice (Theft and Fraud Offences) Act 2001, s. 16(1)-(4).
Criminal Justice (Theft and Fraud Offences) Act 2001, s. 16(2)(a)-(c).
It is preferable that you do not use the abbreviated form of section (“s.”) in the main
body of text. However it is permissible to do so. If you do choose to use the
abbreviated form of section, please note that you never start a sentence with the
abbreviation:
12
WRONG
S. 16 of the Criminal Justice (Theft and Fraud Offences) Act
2001 provides … .
RIGHT
Section 16 of the Criminal Justice (Theft and Fraud Offences)
Act 2001 provides … . It is clear therefore that s.16 is relevant
to this question because … .
2.1.2.3. Amended legislation
Originally section 113 of the Companies Act 1963 read:
A company shall, as from the day on which it begins to carry on business
or as from the fourteenth day after the date of its incorporation,
whichever is the earlier, have a registered office in the State to which all
communications and notices may be addressed.
However, section 4(1) of the Companies (Amendment) Act 1982 amended this
section and it now reads:
A company shall, at all times, have a registered office in the State to which all
communications and notices may be addressed.
You would convey this change in footnote as follows:
Companies Act 1963, s.113 as am. by Companies (Amendment) Act 1982,
s.4(1).
If the section in question has been replaced by the amendment you insert the words
“as replaced by” instead of “as am. by.” The abbreviation “as rep. by” indicates “as
repealed by.”
Companies Act 1963, s.296 as replaced by Companies Act 1990, ss.203-204.
2.1.2.4. Delegated legislation
Statutory Instruments can be cited as follows:
Local Government (Planning and Development) Regulations (S.I. No. 89 of
1990)
Note that some statutory instruments include the title of the parent statute in their
title. It is important to remember that different citation formats apply to statute
titles and S.I. titles. Statute titles are italicised (see p. 10), S.I. titles are not:
Sections 9(2), 9(5), 11, 13, 15 and 20 of the Public Health (Sunbeds) Act 2014
were commenced by the Public Health (Sunbeds) Act 2014 (Commencement)
Order 2015 (S.I. No. 37 of 2015).
13
Statutory Instruments were referred to as Statutory Rules & Orders prior to 1948
and can be cited as follows:
Aliens Order (S.R. & O. No. 395 of 1946)
Rules of Court can be cited as follows:
Rules of the Superior Courts, 1986 (S.I. No. 15 of 1986)
Circuit Court Rules, 2001 (S.I. 510 of 2001)
District Court Rules, 1997 (S.I. No. 93 of 1997)
Rules of Court are divided into orders and rules and are cited as follows:
R.S.C. O. 84, rr. 7 – 14
R.S.C. O. 84, r. 21 (1)
C.C.R. O. 5, r. 1
D.C.R. O. 12
2.1.2.5. Legislation from other jurisdictions
Coroners Act 1990 (Canada), s.3(2)(b).
Building Societies Act 1986 (U.K.), s.12.
Note that if you cite an English statute that is prior to 1963 you must cite it as
follows: Name,
year, regnal year, chapter.
Supreme Court of Judicature Act, 1925, 15 &16 Geo. 5, ch. 49.
2.1.3. European law
Cite EC treaties as follows:
Treaty Establishing the European Community, Feb. 7, 1992, [1992] 1 C.M.L.R.
573 [hereinafter EC Treaty],
Cite Regulations, Directives, and Decisions of the Council and Commission by the
issuing institution, type of legislation, number, and any subdivision cited.
Council Directive No. 91/999, art. 5, O.J. L 900/1, at 10 (1991).
Commission Regulation 725/67, 1967 J.O. (253) 1.
If preferred the full name of the legislative instrument can be given.
Commission Regulation 2751/90 Fixing the Import Levies on Compound
Feeding Stuffs, Annex, 1990 O.J. (L 264) 37, 38.
14
Do not give the number attached to resolutions, notices, and communications.
Instead, cite to a resolution by name (e.g., Resolution of 15 October 1990) and to
notices and communications simply as Commission Notice or Commission
Communication.
Council Resolution of 21 January 1974, O.J. C 13/1 (1974) (concerning Social
Action Program).
2.1.4. International Law
When citing international law, the U.N.T.S. reference should be used or alternatively
the International Legal Materials citation. Some examples follow:
Statute for the International Criminal Tribunal for the Former Yugoslavia, art.
2, May 25, 1993, 32 I.L.M. 1192 (1993)
Final Act embodying the results of the Uruguay Round, April 15, 1994,
U.N.T.S. 1867, 1868 and 1869, 33 I.L.M. 1 (1994)
Agreement on Trade Related Aspects of Intellectual Property (T.R.I.P.S.) 1869
U.N.T.S. 299, 33 I.L.M. 1197 (1994)
2.1.5. Case Citation
2.1.5.1. Basic citation format
Style of cause,
year
vol.
reporter
page.
Walpole v. Patridge & Wilson, [1994] 2 Q.B. 106.
N.A.D. v. T.D., [1985] I.L.R.M. 153.
Attorney-General’s Reference (No. 3 of 1994), [1998] 1 Cr. App. R. 91.
Vincent v. Southern Railway Co., [1927] A.C. 431.
R. v. Sykes, [1961] 3 All E.R. 33.
Note that first names are omitted, unless where necessary for distinction:
R. v. Smith (Patrick Joseph), [1999] 2 Cr. App. Rep. 238.
R. v. Smith (Morgan), [1999] Q.B. 1079.
The most common reporter abbreviations are:
I.R.
I.L.R.M.
K.B.
Q.B.
Ch.
P.
Irish Reports
Irish Law Reports Monthly
King’s Bench Division
Queen’s Bench Division
Chancery Division
Probate
15
A.C.
All E.R.
W.L.R.
Lloyd’s Rep.
C.M.L.R.
E.C.R.
E.H.R.R.
Appeal Cases
All England Reports
Weekly Law Reports
Lloyd’s Reports
Common Market Law Review
European Community Reports
European Human Rights Reports
For a more comprehensive list of abbreviations, please refer to the following
website: <http://www.legalabbrevs.cardiff.ac.uk>.
Note that if you do not use an abbreviation (if the reporter is not well-known, for
example) the reporter title is italicised.
Please refer also to the section on unreported cases below where the abbreviations
used by internet sources are provided.
Note that some publications omit the full-stops. You are permitted to omit the fullstops – IR as opposed to I.R. – if you wish but you must remember to do so for all
reporters. Be consistent.
2.1.5.2. Parallel citation
Parallel citation is where the same case is reported in more than one reporter. It is
rarely required but parallel cites are sometimes provided to give the reader more
opportunities to access the original material.
A.G. v. X, [1992] 1 I.R. 1, [1992] I.L.R.M. 401.
Note that the complete citation is given for each reporter. It would be incorrect to
cite as follows: A.G. v. X, [1992] 1 I.R. 1, I.L.R.M. 401.
Note too that there is a distinction between official reports and unofficial reports.
Where possible you should cite to the official reporter. In Ireland the official
reporter is the I.R. The I.L.R.M. is an unofficial reporter. In the U.K. there are five
main official reporters. Four report High Court decisions, the Q.B., Ch., Fam. and P.,
and one reports appeals decisions, A.C.
2.1.5.3. Unreported judgments
Re. Lynrowan Enterprises Ltd. (31 July 2002, unreported), High Court (O’Neill
J.).
An alternative citation format, and one favoured by the Irish Reports, is:
Re. Lynrowan Enterprises Ltd. (unreported High Court, O’ Neill J., 31 July,
2002).
16
Again whichever style you select you should use it consistently.
Note that it is increasingly common for databases, such as BAILLI, to use what they
call “Vendor Neutral Citation.” This form of citation is created by combining the
court and jurisdiction of the otherwise unreported case.
Re. Knocklofty House Hotel, [2005] I.E.H.C. 105.
Commissioners of Customs and Excise v. British Telecommunications Plc.,
[1999] U.K.H.L. 3.
The Vendor Neutral Citation abbreviations that you are most likely to encounter
and/or use are:
I.E.S.C.
I.E.H.C.
I.E.C.C.A.
U.K.H.L.
U.K.S.C.
E.W.C.A. Civ.
E.W.C.A. Crim.
E.W.H.C.
Irish Supreme Court
Irish High Court
Irish Court of Criminal Appeal
United Kingdom House of Lords
United Kingdom Supreme Court
England and Wales Court of Appeal Civil Division
England and Wales Court of Appeal Criminal Division
England and Wales High Court
If and when a case subsequently appears in a reporter both the reporter citation and
the Vendor Neutral Citation are noted by the legal database.
Vendor Neutral Citations enjoy full official status in England. Please click on the
following link for more details: <www.bailii.org/bailii/citation.html>.
On the prompting of BAILII, the Irish Courts Service has recently accepted Vendor
Neutral Citations. These are used on their website, <www.courts.ie>.
BAILII has changed all its Supreme Court citations from 2001 onwards to accord with
the official ones. In this limited sense therefore Irish Vendor Neutral Citations are
official, but not as official as in England where practice directions have been issued.
2.1.5.4. Pinpointing
If you are quoting directly from a judgment, referring to a specific section in a
judgment or paraphrasing a segment of a judgment you must pinpoint to the
relevant page(s), or paragraph(s) if available.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at 90.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at 90-91.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at 90, 93.
17
Some publishers omit the use of the word “at,” replacing it with a comma:
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, 90.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, 90-91.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87, 90, 93.
More common alternatives would be the use of “p.” or “pg.”:
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at p. 90.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pp. 90-91.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pp. 90, 93.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pg. 90.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pgs. 90-91.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87 at pgs. 90, 93.
With the advent of internet databases it has become more common for cases to
have paragraph numbers for ease of citation.
Campus Oil Ltd. & Or.s v. Minister for Industry and Energy & Ors., [1983]
I.E.S.C. 2 at [6].
More recently, printed case reporters have followed suit. Cases reported in the I.R.
now include paragraph numbers: e.g. Governors and Guardians of the Hospital for
the Relief of Poor Lying-In Women v. The Information Commissioner, [2013] 1 I.R. 1 at
[6].
N.B.: There is a difference between “at 6” and “at [6].” The former refers to page
number 6, the latter to paragraph number 6. This is important to remember if you
are citing to a reported source which uses both page numbers and paragraph
numbers. Paragraph 6 appears on page 7 of the above case. If you write “at 6”
when you mean “at [6]” then you are misdirecting the reader to the headnote and
you never cite to the headnote as it is a summary of the case written by a junior
barrister rather than a summary written by the judge(s) who wrote the judgment(s).
If a source numbers its paragraphs, then you should pinpoint to the paragraph
number rather than to the page number as the former is more precise. If a source
does not number its paragraphs, pinpoint to the page number. Do not number
paragraphs if the source does not number them. There is no need to pinpoint to
both.
WRONG
RIGHT
People (D.P.P.) v. Mekonnen, [2012] 1 I.R. 210 at 230 at [47].
People (D.P.P.) v. Mekonnen, [2012] 1 I.R. 210 at [47].
2.1.5.5. English cases
18
In England the Law Reports is the main reporter of cases but, confusingly, reference
is not made to the L.R. but to the various series into which the reporters are broken
down.
A.C.
Ch.
Q.B/K.B.
Fam. or P.
L.R. R.P.
I.C.R.
Appeal Cases
Chancery
Queen’s Bench/King’s Bench
Probate (1891-71); Family (1972 -)
Law Reports Restrictive Practices (1957-1972)
Industrial Courts Reports (1972 - 1974)
Industrial Cases Reports (1975 - present)
The two other main English reporter series are the All E.R. (All England Reports) and
the W.L.R. (Weekly Law Reports). Although both of these reporters are unofficial,
the W.L.R. enjoys semi-official status. Accordingly they rank higher than the All E.R.
Where possible, preference should be given to official reporters. English and Welsh
cases follow the same citation format as Irish case-law.
Note: Because Vendor Neutral Citation enjoys official recognition in England and
Wales there is no need to refer to BAILII when citing from there because the
paragraph numbering is official and the vendor neutral citation is official.
Gill v. Sandhu, [2005] E.W.H.C. 43 (Ch.) at [20].
“(Ch.)” indicates that the case was heard in the Chancery division of the High Court.
2.1.5.6. Cases from other jurisdictions
When citing or discussing a case from another jurisdiction, you must alert the reader
to the jurisdictional source of that decision either in the main body of the text or in
footnote.
e.g. in text: “In the Canadian case Morgentaler v. New Brunswick … .”
e.g. in footnote: Morgentaler v. New Brunswick, (1994) 116 D.L.R. (4th) 750
(Can N.B. Q.B.).
2.1.5.7. Cases from the Court of First Instance (C.F.I.) and Court of Justice (E.C.J.)
Always cite cases from before the establishment of the C.F.I. as follows:
Case 13/72 Netherlands v. Commission, [1973] E.C.R. 27
Since the C.F.I. was established, E.C.J. and C.F.I. cases have been cited differently:
E.C.J. cases: Case C-287/87 Commission v. Greece, [1990] E.C.R. I-125
C.F.I. cases: Case T-131/89 Cosimex v. Commission, [1990] E.C.R. II-1
19
2.1.5.8. Cases from International Courts
The general rule here is to cite the published report when it is available using the
web version when it is not. There is no need to cite the date of the judgment unless
it is not yet published.
2.1.5.9. Cases from the European Court of Human Rights
While there are many forms of citation in common use for European Court of Human
Rights cases, the European Court of Human Rights’ own rules involve citation as
follows:
Campbell v. Ireland, no. 45678/98, § 24, E.C.H.R. 1999-II
[GC] is added if the judgment or decision has been given by the Grand Chamber of
the Court.
Campbell v. Ireland [GC], no. 45678/98, § 24, E.C.H.R. 1999-II
The E.H.R.R. series is an unofficial reporting series and is also used:
Golder v. U.K., (1973) 1 E.H.R.R. 524.
2.1.5.10. International Court of Justice/Permanent Court of International Justice
Case name, followed by the parties in brackets:
Military and Paramilitary Activities (Nicaragua v. U.S.), 1986 I.C.J. 4 (June 27)
(separate opinion of Judge Ago)
2.2. Basic Citation of Secondary Authority
2.2.1. Textbooks
2.2.1.1. Basic citation form
author(s),
title of book
(place of publication: publisher, year).
M. E. Rodgers, Family Law (London: Blackstone, 1998).
K. Wood & P. O’ Shea, Divorce in Ireland: The Options, the Issues, the Law
(Dublin: O’ Brien Press, 1997) at 46.
20
If a book has more than two authors it is possible to cite it in the footnotes in one of
two ways:
P. Charleton, P. Anthony McDermott, M. Bolger, Criminal law (Dublin:
Butterworths, 1999).
or
P. Charleton et al., Criminal law (Dublin: Butterworths, 1999).
However it is preferable to provide all of the authors’ names in the bibliography.
Note that the Harvard Blue Book, the gold standard of legal citation in the U.S., and
other U.S. citation style guides promote the following style:
Henry J. Abraham, Justices and Presidents 351-56 (3d ed. 1992).
Wayne R. LaFave & Austin W. Scott, Criminal Law § 5.4 (2d ed. 1986).
For further information on the Blue Book, please refer to:
<www.legalbluebook.com>.
This citation is provided for your information only. Please use the preferred Irish
style.
2.2.1.2. Citation of a new edition of a book
The standard form is just slightly modified to provide the additional citation
information:
R. Byrne & J. P. McCutcheon, The Irish Legal System, 3rd ed. (Dublin:
Butterworth, 1996).
R. Clark, Contract Law in Ireland, 5th ed. (Dublin: Thomson Round Hall, 2004)
at 15.
Note that there is no comma after the full-stop in edition.
2.2.1.3. Citation of Law Reform Commission materials
Law Reform Commission reports and consultation papers are cited as books but the
standard form is altered with one addition – the serial number of the report or
consultation paper is inserted after the author and prior to the title of the document:
Law Reform Commission, LRC 62-2000, Report on the Rule against Perpetuities
and Cognate Rules (Dublin: Law Reform Commission, 2000).
21
Law Reform Commission, LRC CP21-2003, Consultation Paper on Business
Tenancies (Dublin: Law Reform Commission, 2003) at [1.03].
2.2.2. Articles in Textbooks
author(s),
“title of article” in X, ed.(s),
book citation information
first page.
C. Fennell, “Criminal Law and the Criminal Justice System: Woman as Victim”
in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press,
1993) 151 at 155.
or
C. Fennell, “Criminal Law and the Criminal Justice System: Woman as Victim”
in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press,
1993) p. 151 at p. 155.
Typically only the first page of the article is indicated in the citation. However it is
not uncommon for the complete range of pages in the article to be provided:
R. Cover, “Violence and the Word” in Martha Minow & Austin Sarat, eds.,
Narrative, Violence and the Law: The Essays of Robert Cover (Ann Arbor:
University of Michigan Press, 1992) 203-238 at 215.
2.2.3. Articles in Periodicals/Journals
author,
author,
“title of article” [year]
“title of article” (year)
vol.
periodical title
periodical title
first page.
first page.
Whether or not the year appears in square of round brackets depends on whether or
not the periodical uses volume numbers. If there is no volume number then square
brackets are used:
D. McGoldrick, “The Permanent International Criminal Court: An End to the
Culture of Impunity?” [1999] Crim. L.R. 627.
K. Crenshaw, “Mapping the Margins: Intersectionality, Identity Politics and
Violence against Women of Color” (1991) 43 Stanford L.R. 1241 at 1245.
The author’s family name can also be placed first in the citation. However this is
more common in bibliographies than in footnotes:
Cross, A., “Reflections on Bratty’s Case” (1962) 78 L.Q.R. 237.
Note that in America the titles of articles are often italicised and the year of the
journal is placed to the end of the citation:
Naomi R. Cahn, Civil Images of Battered Women: The Impact of Domestic
Violence on Child Custody Decisions, 44 Vand. L. Rev. 1041 (1991).
22
This citation is provided to you for information purposes only. In Ireland and in the
U.K. the use of inverted commas is standard.
Journal titles are frequently abbreviated. Sometimes part of the periodical is
abbreviated:
Crim. L.R.
Harv. L. Rev.
Yale L.J.
Criminal Law Review
Harvard Law Review
Yale Law Journal
Sometimes the entire title is abbreviated:
I.L.T.
M.L.R.
L.S.
I.J.
J.B.L.
D.U.L.J.
I.C.L.J.
Irish Law Times
Modern Law Review
Legal Studies
Irish Jurist
Journal of Business Law
Dublin University Law Journal
Irish Criminal Law Journal
A full list of Irish law journals is available on the Legal Periodicals database, an offshoot of the IRLII (Irish Legal Information Initiative) database:
<http://www.legalperiodicals.org/>.
The Cardiff Guide to Legal Abbreviations is also useful:
<http://www.legalabbrevs.cardiff.ac.uk>.
If the title of the journal is entirely unabbreviated, it is preferable not to put it in
italics as the abbreviated form is not in italics. That being said, it is quite common
for unabbreviated journal titles to be placed in italics in books and articles. The
choice is yours, but please be consistent:
A.R. Appell, “Protecting Children or Punishing Mothers: Gender, Race and
Class in the Child Protection System” (1997) 48 South Carolina Law Review
577.
or
A.R. Appell, “Protecting Children or Punishing Mothers: Gender, Race, and
Class in the Child Protection System” (1997) 48 South Carolina Law Review
577.
2.2.4. Parliamentary Debates
Parliamentary Debates are a useful statutory interpretation tool. You would cite this
source as follows:
23
2.2.4.1 Ireland
If the Debate you wish to cite to is before the 30thJanuary 2008 (volume 645) of the
Dail Debates, or before 8th April 2008 (volume 189) of the Seanad Debates you would
cite as follows:
83 Dáil Deb. col 556 (17 February 1997).
87 Seanad Deb. col. 907 (21 March 1977).
An alternative would be:
Dáil Debates 17th February 1997 col 556.
From those dates onwards page numbers are used instead of column numbers.
Therefore simply replace “col X” with the relevant page.
2.2.4.2. England
218 Parl. Deb., H.L. (5th ser.) 260 (1959).
525 Parl. Deb., H.C. (5th ser.) 300 (1954).
2.2.5. Unpublished Masters and Doctorate Theses
When citing an unpublished Masters or Doctorate thesis, make sure to include the
title of the degree, the university in which the degree was pursued and the year of
submission:
J. Smith, The Constitutional Family in Ireland (LLM Thesis, University College
Cork, 2007).
2.2.6. Articles in Newspapers
author,
“title of article”
title of newspaper
(date) page.
N. Nolan, “The Forgotten Crime” Irish Examiner (2 August 2005) 8.
2.2.7. Internet Resources
Internet resources can take a number of different forms. Please identify which form
your source takes and select one of the following citation styles:
2.2.7.1. Documents available in paper format
Provide the citation as normal then add the following information:
Full Paper Cite
<address of site>
(date accessed: day month year).
24
Law Reform Commission, LRC CP34 -2004, Consultation Paper on Reform and
Modernisation of Land Law and Conveyancing Law (Dublin: Law Reform
Commission, 2004) at 62 <http://www.law reform.ie/Consultation%20Paper%20
Modernising %20Land%20 Law.pdf> (date accessed: 12 November 2005).
2.2.7.2. Documents not available in paper format
Claire Mc Hugh, “Has Curiosity Killed the Cat? The Powers and Functions of
Ireland’s Tribunals of Inquiry” [2003] C.O.L.R. IV < http://colr.ucc.ie/2003iv.
html> (date accessed: 28 June 2005).
Note that you will not always be able to provide all of this information. If the site is
not an academic one it may not exist, for example there is no author identified. In
other cases it may not be appropriate if, for example, you have looked at a website
generally to illustrate a point. In that case you would use the following format:
Company Law Review Group <http://www.clrg.org> (date accessed: 4 March
2005).
However if you have looked at a specific page within that site you must cite to that
page and not just to the home page:
Company Law Review Group <http://www.clrg.org/about/statutory.asp>
(date accessed: 4 March 2005).
2.2.8. Oral Presentations
You may have attended a lecture or a conference presentation where the speaker
makes an interesting point that you wish to refer to in an essay. You would cite this
point in one of the following ways:
2.2.8.1. Cite to the original source as cited by the speaker
The speaker may have prefaced or concluded his/her comments with the words “as
noted by Young.”
In this instance you should cite to the original source. The speaker will frequently
have provided a list of references to accompany his/her talk. Search the list, find the
relevant passage in the text and pinpoint to it. If the speaker has not provided such
a list, approach him/her at the end of the presentation and request further
information to enable you to locate the original source.
2.2.8.2. Cite to the speaker’s presentation
25
If the speaker is the original source of the idea and s/he has not yet published an
article/textbook on point, you can cite to the oral presentation in a footnote as
follows:
U. Ní Raifteraigh, “The ECHRA 2003: A Practitioner’s Perspective” (Annual
Criminal Law Conference, U.C.C., 29 June 2007).
If the speaker circulated a written version of the presentation, this information can
be added as follows:
U. Ní Raifteraigh, “The ECHRA 2003: A Practitioner’s Perspective” (Annual
Criminal Law Conference, U.C.C., 29 June 2007). Notes with author.
26
PART III – STYLE GUIDE
This section is designed to assist you to edit your document to a professional level.
Although your work is primarily judged on its content, badly edited or badly
presented work looks careless and indicates a lack of precision that could detract
from how your work is received.
In this section you will be introduced to the basic structure that you should apply to
your writing, learn how to incorporate passages from other texts into your material,
how and when to use emphasis, and when italics must be used. You will also learn
the meaning of some commonly used devices in legal writing, namely the hereinafter
rule, ibid., supra, and infra.
3.1. The ILAC Structure
The typical organising structure used in legal writing is ILAC:
Issue
Law
Application of law
Conclusion
For every legal issue that you write about in an assignment or in an exam, you should
identify what law governs it, explain how it applies to the question asked and
present your conclusion based on the points that you have made. A typical essay or
problem question will raise more than one issue. You should address each one in full
by following the ILAC structure and in sequence. For example if the question you
have been asked requires you to address three issues, this is how the ILAC structure
would work:
Define Issue 1  Identify the Law  Apply the Law to Issue 1  Present
your Conclusion on Issue 1
Define Issue 2  Identify the Law  Apply the Law to Issue 2  Present
your Conclusion on Issue 2
Define Issue 3  Identify the Law  Apply the Law to Issue 3  Present
your Conclusion on Issue 3
In addition to this organising structure, every essay or problem question should
have an Introduction paragraph and a Conclusion paragraph. An Introduction
paragraph outlines your position on the statement/question you have been asked to
27
discuss and it provides the reader with a road-map of your argument (i.e. what are
the issues you will be considering) which assists in the reading process.
A Conclusion paragraph sums up the various arguments you have made and ties up
any loose ends. It does not engage in new analysis. You should never mention
anything in a Conclusion paragraph that has not been discussed in some detail in the
main text of your essay.
Basic Essay/Answer Structure
Introduction
ILAC for Issue 1
ILAC for Issue 2
ILAC for Issue 3
Conclusion
3.2. Quoting Passages from Other Texts
In general you should use quotations sparingly. A string of quotations indicates a
lack of understanding of the information contained in those quotes. It is better to
paraphrase and pinpoint to the source of the original material in footnotes.
When you insert a quotation into your writing you must also engage with the quote
in some way. You must explain its relevance to the argument you are proposing.
The general rule (the exception is noted below under indenting) is that quotations
must always be enclosed in quotation marks and must be followed by a footnote
indicating where the quote is taken from. You must pinpoint to the exact page.
A quoted passage should never be used as a full sentence in and of itself. For
example, you wish to incorporate the following quote from Stuart Hall’s Policing the
Crisis: Mugging, the State, and Law and Order (London: Macmillan, 1978) into your
work:
By August 17th 1972 then, despite the Daily Mirror’s talk of “a new strain of
crime” to describe the first English “mugging,” the term was already familiar,
meaningful and connotatively rich.
It would be wrong to do the following:
28
... and Hall agreed. “By August 17th 1972 then, despite the Daily Mirror’s talk of
‘a new strain of crime’ to describe the first English ‘mugging,’ the term was
already familiar, meaningful and connotatively rich.”
You must preface it with some words of your own, e.g.:
As Hall noted, “[b]y August 17th 1972 then, despite the Daily Mirror’s talk of ‘a
new strain of crime’ to describe the first English ‘mugging,’ the term was already
familiar, meaningful and connotatively rich.”
Or you can tack it onto the end of a relevant sentence, through the use of a
semicolon or colon, e.g.:
... this process was a gradual one; “[b]y August 17th 1972 then, despite the Daily
Mirror’s talk of ‘a new strain of crime’ to describe the first English ‘mugging,’ the
term was already familiar, meaningful and connotatively rich.”
Note how “By” has been converted into “by” through the use of square brackets to
improve the flow of the sentence and fully incorporate the quotation into it.
Whenever you make any changes to a direct quotation, apart from omissions, use
square brackets to do so. This will be discussed further in the next section.
Note also that you would only change a lower-case word to an upper-case one when
you use a quote to begin a sentence. This happens very infrequently.
Finally, note how the quote within a quote is dealt with. In the original source, the
phrase “a new strain of crime” and the word “mugging” were enclosed in double
quotation marks. Hall is quoting these words from other sources and indicates this
through the use of quotation marks. However as I am now quoting from Hall, it
could get confusing if I kept the double quotation marks:
As Hall noted, “[b]y August 17th 1972 then, despite the Daily Mirror’s talk of “a
new strain of crime” to describe the first English “mugging,” the term was
already familiar, meaningful and connotatively rich.”
The most common problem to arise from a multitude of double quotation marks like
this it to forget to include them all and risk being accused of plagiarism. For this
reason, the quote within the quote is changed from double to single quotation
marks.
3.2.1. When to indent quoted text
It is important to remember that you only indent when the passage you are quoting
is 4 or more lines. When you indent it is customary to omit the inverted commas as
by indenting you are clearly indicating that the words are not your own:
As Hall noted:
29
[b]y August 17th 1972 then, despite the Daily Mirror’s talk of ‘a new
strain of crime’ to describe the first English ‘mugging,’ the term was
already familiar, meaningful and connotatively rich. This fact alone goes a
long way towards explaining why the reaction was so immediate and
furious. Quite simply, this sensitising, anticipatory build-up had
thoroughly prepared the ground for such a reaction.
Of course, this reference would be footnoted. Do not give the page number in the
text of your paper as this mars the flow of your work, e.g., “Hall at page 4 ... .”
The same applies if you quote from a case. It is always preferable to provide the
citation and pinpoint information in the footnotes. However you must always
provide the full style of cause (full case name) the first time you mention the case,
whether that be in the main text or in the footnote:
This principle can be derived from Ryan v. A.G. [1965] I.R. 294.
or
This principle can be derived from Ryan v. A.G.1
Note too that you are generally required to submit assignments in one and a half or
double spacing. It is however permissible to single-space indented quotes.
Remember that you can only indent quotes that are 4 or more lines in length.
N.B. If a quote is less than 4 or more lines in length it must not be indented and it
must be enclosed in quotation marks.
3.2.2. When and how to use ellipses
You will often wish to edit a quote, perhaps to omit unnecessary phrases or words.
To do this you use a series of three full-stops known as ellipses. Ellipses can indicate
the omission of a word, a phrase, or several sentences. However even when ellipses
are used, sentences still need to finish with a full-stop. You should leave a space
between the ellipses and the full-stop to indicate where the ellipses begin or end.
Here is an example of how to use ellipses when a full-stop is not necessary:
As Hall noted, “[b]y August 17th 1972 ... the term was already familiar,
meaningful and connotatively rich.”
Here are two examples when a full-stop is necessary:
By August 17th 1972 then, despite the Daily Mirror’s talk of ‘a new strain of
crime’ to describe the first English ‘mugging,’ the term was already familiar ... .
This fact alone goes a long way towards explaining why the reaction was so
immediate and furious. Quite simply this sensitising, anticipatory build-up had
thoroughly prepared the ground for such a reaction.
30
By August 17th 1972 then, despite the Daily Mirror’s talk of ‘a new strain of
crime’ to describe the first English ‘mugging,’ the term was already familiar,
meaningful and connotatively rich. ... Quite simply this sensitising, anticipatory
build-up had thoroughly prepared the ground for such a reaction.
Be careful when you are using ellipses to leave a space before and after them.
Stylistically, it looks better. This same advice is true for footnotes. You should leave
a space between the footnote number and the text/cite.
3.3. Quoting from Sources Quoted in/Cited by
Another Source
There are two main ways that material referenced in a footnote may be of interest
to you:
(a) the author quotes from another source in the main text of their submission
and you wish to use that quotation
You would footnote this as follows:
3
Nadarajah v. Secretary of State for the Home Department, [2005] E.W.C.A.
Civ. 1363 at [68], quoted in H. Delany, “Legitimate Expectations and
Substantive Effect: Recent Developments” (2007) 29 D.U.L.J. 413 at 425.
Note: you should always try to read the original if you are going to quote from
it. You should never rely on another’s interpretation of a point if that point is
integral to your analysis.
(b) the author has made a peripheral point in a footnote but that point is
relevant to your analysis and you wish to use it
If the point is the author’s own and it appears in an article (in an edited collection or
in a journal) you would footnote it as follows:
15 L.
C. H. Hoyano, “Striking a Balance between the Rights of Defendants and
Vulnerable Witnesses: Will Special Measures Directions Contravene
Guarantees of a Fair Trial?” [2001] Crim. L.R. 948 at note 10.
If the point is the author’s own and it appears in a book you would footnote it as
follows:
7
D. Ormerod, Smith and Hogan: Criminal Law, 12th ed. (Oxford: Oxford
University Press, 2008) at chapter 2 note 42.
31
The reason for the addition of the chapter number in the above citation is that there
is more than one note 42 in the above book.
If the point in the footnote is not the author’s own but is one made by another you
would cite as follows:
5
I. Steele, “Substantive Legitimate Expectations: Striking the Right Balance?”
(2005) 121 L.Q.R. 300 at 302, discussed in Delany, supra note 3 at note 49.
3.4. Emphasis
Italics are used to convey emphasis. Emphasis, like exclamation marks, is rarely used
in legal writing. It indicates a breathlessness or excitement that is rarely appropriate
in legal analysis. However it can sometimes be necessary to emphasise an important
word or phrase in a quote. If, for example, you are engaging in statutory analysis
you may wish to highlight a word in a section that has given rise to a number of
contentious cases.
In the following example emphasis is added to the phrase “is difficult to justify”:
The presupposition of a legal canon is difficult to justify after decades of
relentless demystifying critiques by legal theorists. The traditional idea of a
legal canon rests on the assumption that there is a rule-governed process for
identifying authoritative texts, determining their meaning, and evaluating
their worth. This assumption, in turn, appears to be grounded in the belief
that law is a univocal, hierarchically ordered system.
Once you have added emphasis you must note that the emphasis is your own in the
footnote:
4
F. J. Mootz III, “Legal Classics: After Deconstructing the Legal Canon” (1994)
72 N.C.L.R. 977 at 981 [emphasis added].
Sometimes you will quote from a text in which the author has used emphasis, for
example:
The defense did this by masterfully reorganizing jury perceptions not only of
what facts might be in question in the case but of what narratives and
assumptions about the patriarchal family the jury should be using to gauge the
guilt of the defendants. By offering an antipatriarchal, implicitly feminist
counternarrative in which the father, not his sons, is the evil wrongdoer, they …
nearly ‘nullified’ the jury.
You would convey this information in a footnote as follows:
32
8
E. Rapping, “The Movie of the Week: Law, Narrativity, and Gender on Prime
Time” in Martha A. Fineman & Martha T. McClusky, eds., Feminism, Media
and the Law (New York: Oxford University Press, 1997) 91 at 96 [emphasis in
original].
3.5. Using square brackets to modify a quote
If it is unclear from the context of the preceding text (see original in 3.4) which
defence (or defense in American spelling) you are referring to – the article may have
discussed more than one case study – clarify by using square brackets:
The defense [in the Menendez case] did this by masterfully reorganizing jury
perceptions not only of what facts might be in question in the case but of what
narratives and assumptions about the patriarchal family the jury should be using
to gauge the guilt of the defendants. By offering an antipatriarchal, implicitly
feminist counternarrative in which the father, not his sons, is the evil wrongdoer,
they … nearly ‘nullified’ the jury.
8
E. Rapping, “The Movie of the Week: Law, Narrativity, and Gender on Prime
Time” in Martha A. Fineman & Martha T. McClusky, eds., Feminism, Media
and the Law (New York: Oxford University Press, 1997) 91 at 96 [emphasis in
original].
You can also use square brackets to make other changes to the quote. Common
amendments would be the alteration of the tense of the verb (“accuses” to
“accuse[d]”) or the removal or addition of a punctuation point (“unethical,
preposterous, and ultra vires” to (“unethical, preposterous[] and ultra vires”) to
improve the flow of the quote.
3.6. Hereinafter Rule
The hereinafter rule is a timesaving device. You will often refer to the same case,
piece of legislation or article more than once in your writing. To save you the effort
of giving the full citation to that reference repeatedly, you would indicate the first
time you mention it that from this point on the reference shall be known as X, e.g.:
This principle can be derived from Ryan v. A.G., [1965] I.R. 294 [hereinafter
Ryan]. In Ryan … .
However it is permissible to do the following:
33
This principle can be derived from Ryan v. A.G., [1965] I.R. 294 (Ryan).
In Ryan … .
The same would apply for statutes/business names/trade
unions/employers/N.G.O.s, etc.:
The Department of Social Services (Department) and the Civil and Public
Service Union (CPSU) entered into negotiations within days of the dispute
arising. The CPSU disagreed with the interpretation given to section 16 of the
Civil Service Regulation Act 1956 (1956 Act) by the Department. The 1956 Act
provides … .
Note that it is preferable to give the citation information in footnotes as it is less
disruptive to the flow of your text. The hereinafter rule is most frequently used in
footnotes, e.g.:
This principle can be derived from Ryan v. A.G.1 In Ryan … .
1
Ryan v. A.G., [1965] I.R. 294 [hereinafter Ryan].
Remember that you must always provide the full style of cause (full case name) the
first time you mention the case, whether that be in the main text or in the footnote.
The hereinafter rule is also used most frequently in footnotes when citing textbooks
or articles.
5
Thomas B. Courtney, The Law of Private Companies (Dublin: Lexis Nexis, 2002)
at [2.12] [hereinafter Courtney].
or
5 Thomas B. Courtney, The Law of Private Companies (Dublin: Lexis Nexis, 2002)
at [2.12] [hereinafter Courtney, Private Companies].
Note that it is permissible to shorten the title of the book or article that you are
citing. However you can only do after first providing the complete cite.
3.7. The use of Italics
Italics must be used in the following instances:
-
for the title of statutes
for book titles
for unabbreviated journal or reporter titles
for newspaper titles
for case names
for Latin words and abbreviations: e.g., supra, infra, etc., op. cit., i.e.
34
-
for emphasis but only sparingly.
Italics should not be used:
-
when citing article titles
to imply that your argument is self-evident. Enthusiasm does not replace
logical and reasoned argument.
3.8. Footnoting
Footnotes are used to acknowledge the work of others. Inadequate footnoting can
lead to a charge of plagiarism which is a serious academic offence. You must
footnote whenever you quote directly from another source, paraphrase from
another source, have used a turn of phrase coined in another source or have been
inspired by another source.
Footnotes are numbered sequentially and in larger works each chapter begins afresh
at note 1.
3.8.1. Using footnotes to cross-reference
Once you have given the reference the first time it arises in a footnote it is not
necessary to retype the entire cite every time you mention that source. This is
where supra, infra and ibid. are useful timesaving devices. Supra means “above” and
is used when you wish to refer to a case, book or article that you cited in a previous
footnote. Infra means “below” and is used when you wish to direct your reader to a
note or text that will appear in a later page in your work. Ibid. means “in the same
place as” and refers to the footnote that went immediately before. Here is an
example of how they are used:
3
For an example of this analysis, see infra note 7.
...
7 D. McGrory, “Air Pollution Legislation in the United States and the Community”
[1990] 15 European L.R. 298 [hereinafter McGrory].
...
13 McGrory, supra note 7 at 300.
14 Ibid.
15 Ibid. at 302.
The above example shows that ibid. can be used in two ways. In note 14 ibid. means
that you are referring to the exact same page or passage in the McGrory article as
was pinpointed in the previous note, in this case page 300. Note 15 demonstrates
the second sense of ibid. In note 15 ibid. means that you are still referring to the
McGrory article but to a different page, in this case page 302. Ibid. therefore has
two different senses and you must be aware of this when you use it.
35
You may come across the words idem or its abbreviation id. in older textbooks. Idem
has fallen into disuse but was used in the same sense as ibid. in note 14, i.e. in the
exact same page/passage in the exact same source.
An alternative to using supra is the op. cit. device:
9
Courtney, op. cit. note 5 at [3.04].
There are two provisos to the use of op. cit. First it can only be used when the
source material in question is a book. Second when used, it is an alternative to
supra. You do not use op. cit. and supra in the same footnote in relation to the same
source material.
Loc. cit is used in conjunction with op. cit. and it means “in the place cited.” It
operates in the same way as the first sense of the word ibid.
Unless you have footnoting software it is better not to use op. cit., supra, infra, and
ibid. until you are editing your work for the final time. This is because you may move
your work around during the editing process and a reference that once appeared in
note 7 now appears in note 10. This can lead to inaccurate cross-referencing which
you may not spot before you submit your work. It is often better to repeat your
citations in full in the footnotes as you are writing your work through the use of
“copy and paste” and then to incorporate the Latin abbreviations referred to above
during the final editing process.
It is worth noting that Word has a basic mechanism for cross-referencing footnotes.
It can be accessed by using the Insert menu and selecting cross-reference. You
should familiarise yourself with this timesaving device. However it is important that
you do not rely on it exclusively. You should double-check the document at the end
before you submit it.
Some other abbreviations that you may come across in footnotes include:
- cf.
- et al.
- etc.
- et seq.
- ff.
- i.e.
- passim
“compare”
“and others”
“and the rest”
“and the following pages”
“and the following pages”
“that is to say”
“throughout”
where a book has several authors
a recurring theme in the book/article
3.8.2. Placement of footnotes in the main text
The placement of footnotes in the main text is also important. The general rule is
that you place the footnote at the end of the point you wish to make. Note how and
why the following example has been corrected:
36
WRONG
Natural Law has been invoked by Irish judges in cases such as McGee
v. A.G., Norris v. A.G. and Re. a Ward of Court (No. 2).11
RIGHT
Natural Law has been invoked by Irish judges in cases such as McGee
v. A.G.,11 Norris v. A.G.12 and Re. a Ward of Court (No. 2).13
Each case is being raised as a separate instance and therefore a citation needs to be
provided for each case/point.
The next example is not technically wrong, it is just an example of over-footnoting:
The problems that recourse to ambiguous concepts such as Natural Law can
lead to is best illustrated by the case of Norris v. A.G.15 where the majority
used it to justify homophobia.16
There is no need for two footnotes because the point the case is being raised to
make is not finished until the end of the sentence. A less fussy use of footnoting
would be:
The problems that recourse to ambiguous concepts such as Natural Law can
lead to is best illustrated by the case of Norris v. A.G. where the majority used
it to justify homophobia.15
3.9. Tables of Contents and Bibliographies
The inclusion of a Table of Contents section and a Bibliography to bookend your
carefully edited essay/assignment is the final step in presenting a professional level
document. Longer essays are usually divided into a number of headed sections. A
Table of Contents provides the reader with a snap-shot of the structure of the essay
by listing all of the headings contained therein and specifying the page on which they
appear, e.g.:
TABLE OF CONTENTS
Introduction
The Historical Context
The Current Law
Reform Possibilities
Conclusion
1
3
9
15
25
Bibliographies list every source referenced in the essay/assignment and they are
usually divided according to source. The average legal bibliography has separate
sections listing cases, statutes, textbooks and articles. The materials are listed
alphabetically in each category. Additional categories can be created where needed,
e.g. parliamentary materials, newspaper articles, television programmes, etc.
37
It is also possible to subdivide sections jurisdictionally:
BIBLIOGRAPHY
CASES
Irish
A.G. v. X, [1992] 1 I.R. 1
N.A.D. v. T.D., [1985] I.L.R.M. 153.
People (D.P.P.) v. McMahon, [1987] I.L.R.M. 87
Re. Lynrowan Enterprises Ltd. (31 July 2002, unreported), High Court (O’Neill
J.)
England & Wales
Attorney-General’s Reference (No. 3 of 1994), [1998] 1 Cr. App. R. 91.
Vincent v. Southern Railway Co., [1927] A.C. 431.
R. v. Sykes, [1961] 3 All E.R. 33
Walpole v. Patridge & Wilson, [1994] 2 Q.B. 106
LEGISLATION
…
The citation format within bibliographies is the same as that in footnotes, apart from
the citation of secondary materials:
(a) In Footnote
C. Fennell, “Criminal Law and the Criminal Justice System: Woman as Victim”
in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press,
1993) 151.
(b) In Bibliography
Fennell, C., “Criminal Law and the Criminal Justice System: Woman as Victim”
in Alpha Connelly, ed., Gender and the Law in Ireland (Dublin: Oak Tree Press,
1993) 151.
As illustrated in the above example, the only difference between the citation of an
author in a footnote and in a bibliography is the placement of his/her surname.
Therefore the citation of all other materials should follow the format established in
the Citation Guide section of this Booklet.
Note that the Table of Contents and the bibliography are not included in the word
count/page limit set by the lecturer.
3.10. Common Errors
38
The following list contains a number of errors that lecturers frequently come across
when marking assignments. This list is not meant to be exhaustive but you are
requested to pay particular attention to it and to edit your assignments prior to
submission with the avoidance of these errors in mind. Please note that students
are expected to know and apply the basic rules of punctuation and grammar in
addition to this list.
3.10.1. apostrophes
Apostrophes have two main grammatical uses in English:
(a) as a contraction, e.g. “I’m” as a contraction of “I am” or “don’t” as a
contraction of “do not.”
N.B. You should never use contractions in legal writing. They are regarded as too
colloquial. Therefore it is always “do not” never “don’t.”
(b) to denote possession, e.g. John’s coat
Please note the different placement of the possessive apostrophe for singular and
plural words:
the solicitor’s letter
the solicitors’ letter
a letter written by one solicitor
a letter written by more than one solicitor
Singular words that end in “s” typically require a possessive apostrophe also:
James’s coat
3.10.2. it’s and its
Its is the possessive form of it (i.e. belonging to it); it’s is a contraction for it is or it
has.
It is clear that its judgment in this case has been overruled.
Here “its” refers to the court’s judgment. As noted above you should never use
contractions in legal writing, therefore the it’s mistake should never arise.
3.10.3. homophones
Homophones are words that sound the same but are spelt differently and have
different meanings. Accordingly make sure you are using the correct one. The most
commonly confused homophones that your lecturers come across are:
3.10.3.1. your and you’re
Your means belonging to you; you’re is a contraction for you are.
The following sentence demonstrates the difference between both words:
39
I must advise you that if you fail to post warning signs about the instability of
the wall surrounding your property, you’re risking being sued if someone is
hurt.
However, as noted above you should never use contractions in legal writing,
therefore you should never use you’re.
3.10.3.2. their and there
Their means belonging to them; there is a location.
The following sentence demonstrates the difference between both words:
When asked if they could identify the person who stole their coats, both
witnesses pointed at the accused and said, “yes, that’s him over there.”
Note that it is permissible to use the contraction “that’s” in the above sentence
because it is a direct quote.
3.10.3.3. principle and principal
A principle is a basis for a rule or the basis on which someone holds a particular
ideological position. Principal has two meanings. When used as a noun, principal
describes the head of an organisation such as a school. When used as an adjective
principal means the main or most important.
The following sentence demonstrates the difference between both words:
The principal reason the Court came to this decision is because it was bound
to apply the autonomy principle articulated in the precedent.
3.10.3.4. counsel and council
Counsel is another word used to refer to a legal professional who is conducting a
case; it also means to offer advice. A council is an administrative body, e.g. the City
Council or the County Council.
The following sentence demonstrates the difference between both words:
When the City Council was sued for negligence it retained counsel.
3.10.3.5. stationery and stationary
Stationery is a noun and refers to writing materials; stationary is an adjective and it
describes an object that is not moving.
40
The following sentence demonstrates the difference between both words:
After witnessing a hit and run involving a customer’s stationary vehicle, the
hotel manager ran into the office to get some stationery to jot down the
vehicle registration to give to the Gardaí.
3.10.3.6. breach and breech
Breach is a noun meaning a failure to adhere to set conditions. Breech is the back
part of a rifle or a gun, but is also more commonly used in the context of a breech
birth (where the back part of a child, i.e. his/her legs, are delivered first).
The following sentence demonstrates the difference between both words:
Due to a breach of hospital procedures, the breech birth was negligently
handled, leading to the death of the infant.
3.10.3.7. precedents and precedence
Precedents is the plural of precedent (i.e. a prior legal decision which may be
binding). Precedence is an acknowledged or legally determined right of
priority/importance.
The following sentences demonstrate the difference between both words:
The precedence of the two precedents cited is determined by the courts that
issued the judgments. The first judgment, issued by the Court of Appeal, is
outranked by the second because it was heard before the Supreme Court.
3.10.4. Judgment and judgement
Following on from the example used to explain the previous common error, it is a
quirk of legal English that when you write about a judge’s decision – his/her
judgment – it is spelled differently from judgement.
In his judgment Fennelly J. was guided by Dr. Greally’s professional
judgement that C. lacked maturity.
This sentence would be accompanied by a footnote which would include the case
citation and pinpoint to the precise page/paragraph where Fennelly J. stated that he
was so guided.
3.10.5. the use of semi-colons
Semi-colons are used in one of two ways. If used in the first way, each clause
separated by a semi-colon must be capable of functioning as a stand-alone complete
sentence.
41
WRONG
In this Part of the essay, I will outline the background behind
the passing of the 2009 Act; including an account of the
development of general organised crime policy in Ireland.
This is wrong because the clause following the semi-colon is not a complete
sentence. It is a sentence fragment/subordinate clause.
RIGHT
In this Part of the essay, I will outline the background behind
the passing of the 2009 Act; this will include an account of the
development of general organised crime policy in Ireland.
The second way, which is very common in statutory writing, is where a list is given
with each clause in the list being quite lengthy:
In the contract signed by the defendant, it was provided that the lease would
be terminated if he failed to pay rent by 5pm on the last day of every month;
caused noise and disruption to neighbours; allowed guests to stay for
prolonged periods; did not cut the grass twice monthly; or had a pet.
For shorter lists, use a comma:
The plaintiff claims she was injured because the table collapsed as a result of
being overloaded with food and utensils. She was struck by cups, saucers,
plates, knives and forks.
3.10.6. subject-verb agreement
If the subject of your sentence is singular the verb used to describe the actions of
that subject should also be singular:
WRONG
RIGHT
The list of examples given by the Court were too long.
The list of examples given by the Court was too long.
The subject of this sentence is the singular word “list” not the plural word
“examples,” therefore the singular form of the verb (was not were) is required.
Subject-verb agreement is equally applicable if the subject of the sentence is a plural
noun. In the following example, the subject is “examples”:
WRONG
RIGHT
The examples given by the Court was not exhaustive.
The examples given by the Court were not exhaustive.
3.10.7. Ten or 10?
The general rule where numbers are concerned is that you should spell out the
numbers one to ten and then use digits for the rest:
The facts of the case are as follows. On the 15th of February 2008 the tour
company divided the 64 customers into eight tour groups. …
42
However when a number other than one to ten begins a sentence you must also
spell it out:
Eleven days prior to the eviction, … .
It was noted that 11 days prior to the eviction … .
The only exception to this is when you cite a source that is numbered. For example,
in a statute you would cite to “section 3” not “section three.”
3.10.8. American spellings
In this jurisdiction we use English not American spellings, e.g. favour not favor,
harmonise not harmonize.
Set the language of your word processor to English (Ireland).
3.10.9. Spell-check errors
Please note that just because a word is spelled correctly, this does not mean that it is
the word you wish to use. It is very easy to type the wrong word, especially when it
contains (most of) the same letters as the word you wish to use. It is very important
that you do not rely solely on your computer’s spellcheck. You should instead
proactively proof read your essay to ensure that all syntax, grammatical and spelling
errors are eliminated as far as possible. Look at the following examples:
WRONG
RIGHT
The applicant wishes to use the respondent.
The applicant wishes to sue the respondent.
WRONG
RIGHT
The judge issued the accused a very sever warning.
The judge issued the accused a very severe warning.
3.10.10. The Euro Symbol: €
You must use the € symbol when referring to specific cash amounts. It is incorrect to
write out the word Euro. To access the Euro symbol, use the following combination
of keys:
CTRL + ALT + 4.
43
PART IV – LEGAL RESEARCH MATERIALS
In order to write a good essay, assignment or other work it is necessary to conduct
good legal research. In this section materials will be divided into primary and
secondary materials. As the names suggest, primary materials should be your main
research focus. Secondary materials are used to help you interpret the primary
ones. This section will also list some important points to remember when
conducting legal research and will provide a link to instructional material for the
legal databases LEXIS, BAILII and JUSTIS as well as links to those databases and IRLII.
4.1. Priority to be accorded to research materials
The materials listed here are ranked in order of priority.
4.1.1. Primary Materials




Constitution
Legislation
Statutory Instruments
Cases
4.1.2. Secondary Materials



Textbooks
Periodical Literature
Parliamentary Debates
The following materials are also secondary materials but of a lesser rank than the
above three. This is because these sources are not subject to the same scrutiny as
the first order secondary materials. They are not reviewed by legal academics, they
may be written by people who do not fully understand the law, or may be written by
people who have chosen to misrepresent the law.


Media materials (e.g. newspaper articles, radio and television programmes)
Internet Resources
It is perfectly permissible to reference this material but you must carefully delineate
the uses to which you are putting it to and you must explain why this material is
necessary for your project. Material gained from web-sites can be of questionable
validity. Media materials are not subject to the same process of peer review that
textbooks or periodical articles are. Accordingly these sources are to be used
carefully and sparingly.
44
4.2. Using Research Materials

When conducting legal research either in practice or for academic purposes, it is
vital that you understand and have read the governing legislation and key cases.
It is not sufficient to base your analysis or reasoning on a third party’s
interpretation of these primary materials.

If you quote from a case, quote from the original reporter source and read the
case in its entirety. Do not cite the quote to a periodical article or textbook.
Tracing the quote to the original is a means of screening the secondary material
for errors and of ensuring that the author’s interpretation is a valid one.

Note that although greater weight should be accorded to primary materials, you
will often begin your legal research by referring to secondary materials. These
will not only direct you to the relevant primary sources by discussing the
applicable legislation and leading cases, but they will also identify underlying
principles and policies that guide the implementation of the law in a particular
area.

It is a good idea to find a seminal or leading textbook on your general topic.
Seminal textbooks are designed to introduce students to the law as is, and will
concisely explain the basic principles of law in a particular subject area. The
better ones will also discuss problem areas, policy rationales behind particular
pieces of legislation, etc.

Textbooks can also help focus your research because they contain extensive
bibliographies and footnotes.

Periodical/journal articles often summarise a new area of law or a body of law
not yet discussed in textbooks. The specialised nature of periodicals allows
topics to be reviewed in greater depth and with more critical thought than a
textbook would normally provide.

Parliamentary debates can be a useful source of information on the political and
policy reasons behind the enactment of a particular piece of legislation both with
regard to the broad overall aims of the statute and to the specific goals of
individual sections. Parliamentary debates are sometimes used by the courts to
assist in the interpretation of a contested statutory provision.

When using web materials the validity of which have not been accredited by a
reputable organisation or business (i.e. sites other than government-run sites,
sites such as the Law Reform Commission, or legal databases such as BAILII and
LEXIS) you should consider if there is an implicit or explicit political agenda (for
example is the site left-wing, right-wing, liberal, conservative, sexist,
homophobic, etc.?). The possibility of bias influencing what is available on the
45
site should also be considered. Alert the reader to your suspicions and this will
allow him/her to determine the weight they wish to accord to this source. If the
political perspective of the site is not clearly stated in a Mission Statement link or
equivalent, it may be deduced simply by reading a number of pages on the site.

Unless you are engaging in a specific and limited form of research (e.g. sociolegal, e-law), your reference materials should be primarily drawn from
recognised legal sources.
4.3. How to use LEXIS and BAILII
For a detailed set of instructions on how to use LEXIS and BAILII please refer to the
following web-page:
http://www.ucc.ie/en/lawsite/currentstudents/it
You can access material on how to use various databases such as Lexis, Westlaw,
Justis and HeinOnline on the same web-page.
46
PART V – ORAL PRESENTATION SKILLS
This section provides useful tips for giving presentations. The first part looks at
presentation skills generally. The second provides the addresses of various web-sites
that demonstrate how to use overhead projectors and PowerPoint effectively. The
third part provides some phrases that you may find useful.
5.1. General Presentation Advice

Start with a brief summary of your argument.

Give your audience an idea of what you plan to discuss and in what order.

Try to be conversational. Make your sentences short and concise. Overly
complex sentences are difficult to listen to and your audience may switch off or
may not be able to follow your train of thought.

Try not read your presentation verbatim. It creates the impression that you are
not fully acquainted or comfortable with your material.
o Keep your notes tidy to ensure that they are easy to read.
o Cards with brief notes of the key points are an excellent prop.
o A list of key authorities with the relevant citations is also very useful if you
need to refer to them during your argument.

Speak slowly and carefully but avoid a monotone. Remember that the audience
must be able to understand you.

Do not shout at your audience. Some people unconsciously raise their voice
when speaking in public and this may come across and threatening or
intimidating.

If you are a soft-spoken person try to project your voice. Remember that your
audience must be able to hear you.

Avoid phrases like “I think,” “I believe,” and “I feel,” at least until the closing
stages of your presentation. You need to persuade your audience of the legal
merits of your position.

Make eye contact with your audience.

Avoid “ums” and colloquial expressions.

Try not fiddle with pens, hair, clothes, etc.
47

Practice your presentation in front of a mirror. You will see, perhaps for the first
time, what your distracting mannerisms are. You will then be able to work on
suppressing them.

If you are using PowerPoint or some other visual aid do not hide behind the
technology. It is supposed to support your presentation not do the work for you.
Moreover reading directly from PowerPoint is as boring for your audience as
reading directly from your notes.

Do not over-fill slides. They are difficult to read.

Do not distract your audience with visual aids. For example, if using PowerPoint
do not have a lengthy quote on display until you are ready to discuss it as the
audience will read the quote and ignore your preliminary discussion.

You will normally have a specific time allotted within which to give your
presentation. It is important that you adhere to this limit. Failure to do so
indicates a lack of time management skills. Practice your presentation aloud and
time it. There is a considerable difference time-wise between internal and
external speech.

Do not attempt to rely on too many authorities. Stick with the most significant
ones. If people are interested in the points you have raised they will ask you
questions at the end of your presentation. You can discuss additional authorities
at this stage.

Sum up your argument before concluding.

If you are asked questions at the end of your presentation answer them directly.
Do not speak for the sake of speaking. Make sure that you understand the
question you have been asked. Ask for clarification if you do not understand.

Do not be afraid to keep your answers brief. If you are unable to answer the
question say so, thank the questioner for drawing your attention to that issue,
and ask if they have any reading recommendations. One of the main benefits to
giving a presentation is helpful feedback.

Answer questions with specific examples. Do not use vague generalisations such
as “There is ample basis in law for my submission.” You need to support any
statements you make.

Dress smartly. People subconsciously accord more authority to well-dressed
speakers.

If you are concerned about dry-mouth, bring water with you. You may not need
it, but its availability will reassure you.
48
5.2. Useful phrases
5.2.1. In response to questions
“I would be obliged if you could clarify the question.”
“I appreciate your point. However, it is my submission that …” or “I would submit
that … .”
“I appreciate your concern, but with all due respect the precedent/fact/principle I
am citing is clear on this point. [explain how].”
“I thank you for raising that issue, but … [then deal with it].”
5.2.2. Opening and citing case law
You wish to refer to the case of Sinnott v. Minister for Education and Others, [2001] 2
I.R. 501 to substantiate an argument:
“With the Court’s permission, I would like to open the Supreme Court
decision of Sinnott reported in the 2001 Irish Reports at page … .”
or
“In the Supreme Court decision of Sinnott and the Minister for Education and
Others reported in the 2001 Irish Reports, Mr. Justice Hardiman stated at
page … of the report … .”
5.2.3. Citing other authorities
For example, James Casey, Constitutional Law in Ireland, 3rd ed. (Dublin: Round Hall,
2000) would be referred to as follows:
“As Professor James Casey states at page 33 of his book, Constitutional Law in
Ireland … .”
49