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Plagiarism Presentation Jan. 2011 Final Draft

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					  Plagiarism

   WHAT IT IS
      AND
HOW TO R ECOGNIZE
      AND
    AVOID IT
                          Contents
                               2

   1.      Definition of Plagiarism
   2.      Referencing
   3.      Incorporating another’s work
   4.      Common Knowledge
   5.      Inadvertent Plagiarism
   6.      Deliberate Plagiarism
   7.      Citation




Lughaidh Kerin
                           1.      Definition
                                       3

 Oxford English Dictionary defines plagiarism as:
      “the action or practise of taking someone else’s work, idea , etc.
       and passing it off as one’s own, literary theft”


 NUIG, CODE OF PRACTICE FOR DEALING WITH
   PLAGIARISM:
      “Plagiarism is the act of copying, including or directly quoting
       from,     the    work     of   another     without     adequate
       acknowledgement”

          (available online at< http://www.nuigalway.ie/plagiarism/>)

Lughaidh Kerin
                             Plagiarism
                                     4

   “In an academic setting, authoring a document
   constitutes a representation that the author is the source
   of all ideas and words not otherwise attributed.

   Thus , failure to attribute borrowed words or ideas
   constitutes plagiarism.

   PLAGIARISM IS BOTH A LIE AND A THEFT.”1

      1 L. H. Edwards, Legal Writing Process, Analysis and Organization
       (2nd Ed. 1999) Aspen Law & Business at p. 10)

Lughaidh Kerin
                                  Plagiarism
                                            5

   “You must provide acknowledgement of the sources used for your
   essay.

   Failure to acknowledge your sources is not only bad scholarship; it
   may also constitute plagiarism, which if noted could result in an
   automatic failure mark for your entire essay.

   Most simply, plagiarism is the use of other people’s words without
   quotation marks, as if they were your own.

   Sometimes this might be unintentional, but it is your responsibility
   to keep track of your source material, and to acknowledge any
   phrases or quotations you have picked up from your reading.”2
      2 The School of Law, NUIG, Law Style sheet available online at
       <http://blackboard.nuigalway.ie/@@5051507C648C725A2B0FC6DD343ACD01/courses/1/AH.L
       AW.ESSAY/content/_736405_1/LawStyleSheet.rtf>


Lughaidh Kerin
                      Plagiarism
                            6




 Plagiarism covers   ALL INSTANCES in which the
   work of another is used without sufficient
   acknowledgement not just the cases of deliberate
   copying without acknowledging the source

 Note: Plagiarism does not require a deliberate
   attempt to cheat on the behalf of the Student



Lughaidh Kerin
                    2. Referencing
                             7




 You avoid plagiarism by ensuring that every piece of
   writing you create is fully and properly referenced

 Further mention of reference and citation style is
   made below




Lughaidh Kerin
                      Referencing
                           8




 When to reference?


   AND


 How to reference?




Lughaidh Kerin
                        When to reference?
                                         9




1. Statements of Law

      Primary – Legislation
          Status of Children Act 1986


      Secondary – Case Law
          Murray v Ireland [1985] IR 532, [1985] ILRM 542




Lughaidh Kerin
                     When to reference?
                                   10




   2.      Direct Quotations

      Must attribute each and every quotation to its author and the
       book/article/journal from which it was drawn from, as well as
       page number or paragraph number




Lughaidh Kerin
                    When to reference?
                                 11




   3.      Factual material

      Unless common knowledge, factual material must be
       attributed to its source.

      Common knowledge is dealt with below.




Lughaidh Kerin
                     When to reference?
                                   12




   4.      Definitions

      Again must be attributed to their source




Lughaidh Kerin
            3. Incorporation of another’s work
                                        13

   Three main ways of incorporating the work of
   another author in your legal writing:

      Summarising

      Paraphrasing


      Direct Quotation 3

          3. E Finch and S Fafinski, Legal Skills (2nd edn Oxford University
           Press, Oxford 2009) 275


Lughaidh Kerin
                    Summarising
                            14




 This occurs when the student rewrites the author’s
   original words in a shortened form but captures the
   key points which the original author made




Lughaidh Kerin
                    Paraphrasing
                            15




 This occurs when the student rewrites the author’s
   original words but retains the original meaning
   which the original author made




Lughaidh Kerin
                  Direct Quotation
                            16




 This occurs when the student writes the author’s
   original words exactly




Lughaidh Kerin
            4. Incorporation of another’s work
                             17

 All three instances require that the student reference
   the original author’s work because to do otherwise
   would be plagiarism

 This is because in all three instances the work is not
   the original work of the student but that of the
   original author




Lughaidh Kerin
                 Incorporation of another’s work
                                18




 Golden Rule:


                    IF IN DOUBT - REFERENCE




Lughaidh Kerin
                 5. Common Knowledge
                            19

 If the material you include in your legal writing is of
   common knowledge you are not required to
   reference the source

 No generally accepted rule or definition as to what
   constitutes “common knowledge”




Lughaidh Kerin
                    Common Knowledge
                                   20

 Widely known historical or current events could be
   considered common knowledge:

      E.g. Éamon de Valera was both a Taoiseach and subsequently
       the President of Ireland during his political career.

      E.g. BP had an oil well which exploded in the Gulf of Mexico
       which released a vast quantity of oil polluting the Gulf.




Lughaidh Kerin
                           Common Knowledge
                                           21

 Common Knowledge is a moveable feast;

      The more you know, the harder it is to determine what is
       “common knowledge”;

        Rule of thumb:
        Can it be found in several source(s)?
        Do many people know this information?


                The more sources and more people who know the information,
                 the more likely that particular piece of information is “common
                 knowledge” and does not need to be referenced


Lughaidh Kerin
                  Common Knowledge
                            22

 Again the Golden Rule:


                 IF IN DOUBT - REFERENCE




Lughaidh Kerin
                 5. Inadvertent Plagiarism
                             23




 Inadvertent plagiarism is poor or lazy referencing
   resulting in incomplete referencing of another’s
   ideas, words or work in the student’s piece of legal
   writing

 Please note it is still plagiarism




Lughaidh Kerin
                 6. Deliberate Plagiarism
                            24




 Deliberate plagiarism is when a student takes a
   conscious and deliberate decision to pass of the work
   of another as their piece of writing without
   acknowledging the original author




Lughaidh Kerin
                   Why do Students Plagiarise?
                                         25


           Laziness / Sloppiness / Ignorance


             In order to obtain a higher mark


                      Poor time management
                 Regardless of the reason, there is no excuse for
                                   plagiarism
Lughaidh Kerin
                 CUT & PASTE (INTERNET)
                             26

 N.B. Material sourced online needs to be referenced


 “Word of warning” – the internet is a repository for
   information but a student should be extremely
   cautious of information relied upon unless the
   author of such information is known

 Many sites which purport to give definitive answers
   to law related issues lack the preciseness and
   subtlety required and in certain cases are just plain
   wrong

Lughaidh Kerin
                        7. Citation
                               27

 In particular, pieces of legal writing must refer to and
   rely upon the original work of others be it primary or
   secondary legislation, an authoritative text book or even
   an academic piece of writing to support the argument put
   forward by the student in their own piece of legal writing
   so as to lend weight / authority / strength / force to that
   argument

 So as to defeat any suggestion of plagiarism you must
   fully and accurately reference your piece of legal writing
   using an appropriate style of citation consistently

Lughaidh Kerin
                              Citation
                                   28

 There is no one style of citation


 Students must pick a style of citation


 The School of Law, NUI Galway will accept a style of
   referencing/citation as is outlined in:
      the Law Style Sheet,
      Sources of Law (Thomas O’Malley –2edn, Dublin 2001)
      OSCOLA (< http://www.law.ox.ac.uk/publications/oscola.php>)

 All three are accepted styles of citation & referencing


Lughaidh Kerin
                            Citation
                                 29

 Once adopted, the student must stay faithful to the
   particular style of referencing

 Student must be precise when referencing
      Must include the page number, where appropriate




Lughaidh Kerin
                                    Citation - OSCOLA
                                                             30

 (OSCOLA) - Oxford Standard for Citation Of Legal
   Authorities
      “Current Edition: OSCOLA Fourth Edition
      There is also a Quick Reference Guide for key reference types.
      The Fourth Edition of OSCOLA does not contain citation advice
       for International Law sources, however the section on citing these
       sources from the 2006 edition of OSCOLA is available as a
       separate document: OSCOLA 2006: Citing International
       Law
      Citing the Law using OSCOLA - an online tutorial
      Frequently asked questions about using OSCOLA style”4
      4 Oxford University, OSCOLA (4th edn, 2010, available online at< http://www.law.ox.ac.uk/publications/oscola.php>)




Lughaidh Kerin
                     Citation - OSCOLA
                                 31




          OSCOLA referencing -
          What do you want to reference?

                          Online Guide
          http://referencing.port.ac.uk/oscola/index.html
                   University of Portsmouth


Lughaidh Kerin
                 Golden Rule
                      32




  IF IN DOUBT - REFERENCE




Lughaidh Kerin

				
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