PLAGIARISM IN LEGAL
WRITING
(2009)
Table of Contents
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What is Plagiarism?
The Responsible Plagiarist
How to Avoid Plagiarizing
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What to Use
How to Cite
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Citing Legal Materials
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The Components of In-Text Citations
The Components of a References page
APA Style
The Bluebook
Examples—Citing Legal Materials using APA format
Paraphrasing
Summarizing
Quoting
Credible sources
For More Information
References
What is Plagiarism?
What is Plagiarism?
Plagiarism refers to academic dishonesty that can be intentional or
unintentional. This can be the result of attempting to recycle your
own work from another course or semester, inaccurately citing the
work of someone else, failing to give credit to someone else for his
or her ideas or writing, failing to summarize or paraphrase a quote
in your own words, or anything else that falsely represents any part
of your work. In short, be honest with your reader and yourself.
Know when and how to use APA formatting and be sure that it is
accurately implemented.
What You Need to Know About
Plagiarism?
Do you think you know all about plagiarism? Think again. Below are
some common misconceptions:
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Reusing one of your own papers is not considered plagiarism.
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As long as you include a reference page at the end of your paper,
you are safe.
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It is ok to use someone else‟s work as long as you replace a few of
the words and change the sentence around a bit.
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A source is plagiarized only if you forget to use quotation marks.
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Plagiarism counts only if it is intentional.
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“I didn‟t mean to” is an acceptable excuse for plagiarism.
All of the above count as plagiarism.
The Responsible Plagiarist
Students can plagiarize for the best of reasons:
Sometimes students cast themselves in the role of Responsible
Apprentice. Their job is to model their products after those of the
masters, so they learn the canon, “lip-synch” the voices of their
teachers, and use their readings to reproduce as professionallooking a product as they can. They figure that someday they may
produce original work of their own, but for now their task is merely
to mimic expert examples. One could easily imagine Responsible
Apprentices forgetting to sign their names to their essays. They
feel no need to sign work that is not their own creation. (Lipson and
Reindl, 2003, p. 8)
The Responsible Plagiarist
At times in Legal Studies classes, students will want to copy the
words of others because the student feels that the author has done
a much better job of saying what the student wants to say. For
example, students often copy the words of a court case when
drafting an issue statement or statement of facts. Even though this
action is well-intentioned, it is still plagiarism.
So how do students avoid plagiarizing?
How to Avoid Plagiarizing
When writing academic papers, such as essays, or when turning in
work for academic credit, such as posting on a discussion board,
there are two things that students must learn in order to avoid
plagiarizing:
How to cite work appropriately.
 How to paraphrase, summarize, and quote
properly.
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How to Cite
What to Use
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For citing general materials, Kaplan University refers to the
Publication Manual of the American Psychological Association (6th
ed.) (2009) as its style guide. This citation style is generally known
as APA. Basic Guidelines for APA, 6th Edition are at the writing
center
https://kucampus.kaplan.edu/Platform/AcademicSupport/WritingCen
ter/Wcoach/WCC_10.aspx
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For citing legal materials, both Kaplan University and the APA
Publication Manual follow The Bluebook: A Uniform System of
Citation (19th ed.) (2010). This citation style is generally known as
Bluebook.
https://kucampus.kaplan.edu/Platform/AcademicSupport/WritingCen
ter/Wcoach/WCC_07.aspx
How to Cite
APA format requires two components for a proper and
complete citation: an in-text citation and a References
page. It is impossible to give proper credit to a source
without both of these components.
In-Text Citations
The in-text citation is a short, truncated snippet of bibliographic
information. In addition to signaling that you, the author of the
paper, are quoting, citing or paraphrasing, the purpose of this
information is to give your reader a quick key to the References
page at the end of your paper, where the rest of your bibliographic
information is contained.
If you are summarizing or paraphrasing, the in-text citation contains
the author’s last name and the date: (Smith, 2003). If you are
quoting, you will need to also include a page or paragraph number:
(Smith, 2003, p. 370) or (Smith, 2003, para. 3).
References
The References page, a separate page placed at the end of your
paper, contains the complete bibliographic information necessary for
your reader to actually locate the material you have used in your paper.
The components of a Reference depend upon the type of source used:
book, newspaper article, journal article, court case, statute, etc.
Here is what a typical non-legal reference would look like:
Borman, W.C., Hanson, M.A., Oppler, S.H., Pulakos, E.D., & White, L.A.
(1993). Role of early supervisory experience in supervisor
performance. Journal of Applied Psychology, 78, 443-449. Retrieved
October 23, 2000, from PsycARTICLES database.
In Legal Studies classes, if you are referencing legal materials, you
may want to defer to the Bluebook over APA. There is more about this
later.
Remember!
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The in-text citation is a short, truncated snippet of bibliographic
information which only allows your reader to locate the complete
bibliographic record on the References page.

Without a References page, the in-text citation is meaningless,
because there is not enough information available to identify the
cited work. Without the in-text citations in the body of your work,
the Reference page is meaningless, because your reader would not
know where in your paper you were using the references listed.
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You have to have both in-text citations and a References page to
properly cite the materials you have used!
Citing Legal Materials
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When citing legal materials in academic papers, you still need to
use in-text citations and a References page.
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Your References page should follow the Bluebook citation style
exactly and precisely.
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The type of legal material you are citing determines what your intext citation looks like. Some examples follow on the next slides.
Citing Legal Materials—In-Text Citations
Court Cases: Italicize the name of the case and give the year of
the decision in parentheses. Make sure you use “v.”—never
“versus” or “vs.”
Example: The case of Dunder v. Miflin (2008) determines product
liability law in this area.
Statutes: Give the name of the statute without emphasis, such as
italics. Make sure that each word of the statute is capitalized.
Include the year the law was passed.
Example: To protect children against sex offenders, Congress enacted
the Sexual Offender (Jacob Wetterling) Act of 1994.
Citing Legal Materials—References
A References page using legal materials would refer to the
Bluebook for all bibliographic elements:
Examples:
Court Case
Roe v. Wade, 410 U.S. 113 (1973)
Statute
Tex. Penal Code § 49.09 (LEXIS through 2007 legislation).
How to Paraphrase, Summarize and
Quote
How to Paraphrase
Paraphrasing is the most common way of synthesizing ideas from
someone else. It is a skill you will learn early and use often. The
purpose of paraphrasing is to give an in-depth treatment of the material
in question– this may allow you, the writer, to methodically critique the
paraphrased material, for example.
A good writer uses his or her own personal writing style throughout the
paraphrase – he or she does not simply change the wording from the
original source. This skill can be difficult because it requires that you,
the writer, really understand the source you are paraphrasing.
Even when paraphrasing, you will want to include an in-text citation
with the authors name and the date of the publication to alert your
reader to the fact that are relying upon someone else’s work or idea.
Example: (Smith, 2003)
Paraphrase Example:
Consider the case of Katko v. Briney (1971). In this instance, a property
owner tried to protect his unoccupied farmhouse from vandals and burglars
by using a “trapgun”—a shotgun rigged to go off when a door in the house
was opened. A burglar was shot by the trapgun when he entered the
house, incurring serious injury. Upon appeal, the Supreme Court of Iowa
held that property owners may not protect unoccupied real property from
criminal invaders by use of deadly force, since the value of human life
outweighs simple property interests.
Reference
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971).
How to Summarize
Summaries differ from paraphrases in length and intent. The purpose of a
summary is to quickly distill the main idea of the material in question.
Summaries do not include the same level of detail as paraphrases do.
They are intended to provide brief, factual accounts of the material you wish
your reader to be aware of on a less-detailed level than the material you
paraphrase.
Remember that as with paraphrasing, you must be faithful to the author’s
meaning and intent. Do not editorialize or insert your own opinion in a
summary.
Also as with paraphrasing, you will want to include an in-text citation with
the authors name and the date of the publication to alert your reader to the
fact that are summarizing someone else’s work or idea.
Example: (Smith, 2003)
Summary Example
In Katko (1971), the court held that a real property owner may not protect
unoccupied real property from criminal invaders by use of deadly force,
since the value of human life outweighs simple property interests.
Reference
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971).
How to Quote
Quoting is an important but over-used technique in student writing.
Quotes should be used sparingly, and your entire paper should not
be more than 20 percent quotation from all sources.
Try to paraphrase and summarize when you can, but quote when
you need to precisely critique the original author, or when the
original author worded something in a particularly eloquent way.
When quoting, you need to include an additional element in your intext citation: the page or paragraph number from which the
quotation came.
Example: (Smith, 2003, p. 370)
Quotation Example
In Katko (1971), the court relied more heavily upon a secondary source
than it did its own prior decisions. See, for example how extensively it
quoted Prosser on Torts:
Prosser on Torts, Third Edition, pages 116-118, states: “…the law has always
placed a higher value upon human safety than upon mere rights in property, it is
the accepted rule that there is no privilege to use any force calculated to cause
death or serious bodily injury to repel the threat to land or chattels, unless there is
also such a threat to the defendant's personal safety as to justify self defense…
[S]pring guns and other man-killing devices are not justifiable against a mere
trespasser, or even a petty thief. They are privileged only against those upon
whom the landowner, if he were present in person would be free to inflict injury of
the same kind.“ (Katko v. Briney, 1971, p. 660).
Reference
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971).
Remember!
The above examples were given for use in academic papers,
such as persuasive or analytical essays. As a student, you
may not need to use in-text citations in everything you write
here in the School of Legal Studies. For example, you will
not be using APA format to cite your work in a legal brief, or
a legal memorandum. Instead, you will cite your work using
the Bluebook exclusively, and use the accepted brief or
memorandum format for legal documents. When in doubt,
ask your instructor.
The Writing Center also has
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Writing Types and Tools: Learn how to write different types of papers, and see
examples.
The Writing Process: Read about the basics of writing and how to get started, as
well as how to draft and revise your documents.
Research, Citation, and Plagiarism: Review how to properly cite your research.
Writing Mechanics: Reference the basic mechanics of writing punctuations, spelling,
grammar, sentence structure, and style.
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learning, word order, Standard American English, and a host of other writing topics.
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Also on the writing center page
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The Kaplan Guide to Successful Writing
Need a copy? Prefer to listen?
For More Information on APA
You have access to Diana Hacker’s Rules for Writers. The
full text of this book is available under Doc Sharing View
Rules for Writers 6th Ed.
There are also many wonderful guides to APA citation
available on the Internet. Here are a few websites that may
help you:
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http://www.liu.edu/cwis/cwp/library/workshop/citapa.htm
http://www.dianahacker.com/resdoc/p04_c09_o.html
http://owl.english.purdue.edu/owl/resource/560/01/
Credible sources
Why legal research?
Find authority to help you find a solution to a
legal problem.
Types of sources
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Primary authority
 Cases,
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statutes, regulations
Secondary
 Law
reviews, legal dictionaries, legal treatises, legal
encyclopedias like American Jurisprudence or Corpus
Juris Secundum (use for background information)
http://www2.lib.uchicago.edu/~llou/mpoctalk.html
References
Aaron, J. E. (2001). The Little, Brown compact handbook. (Revised Custom 4th ed.).
Boston: Pearson Custom Publishing.
American Psychological Association. (2001). Publication manual of the American
Psychological Association. (5th ed.). Washington, DC: Author.
Columbia Law Review, Harvard Law Review, University of Pennsylvania Law Review &
The Yale Law Journal. (2005). The bluebook: A uniform system of citation (18th ed.).
Cambridge, MA: Harvard Law Review Association.
Hacker, D. (2008). Rules for writers. (6th ed.). New York: Bedford/St. Martin.
Kaplan University. (2007-2008). Kaplan university catalog. Davenport, IA: Author.
Kaplan University. (2008). Syllabus for PA 205. Retrieved January 6, 2009 from PA 205
website.
Lipson, A. & Reindl, S. (2003) The responsible plagiarist: Understanding students who
misuse sources. About Campus, pp 7-14. July–August 2003 Retrieved January 6,
2009, from http://media.wiley.com/assets/165/44/jrnls_ABC_JB_lipson803.pdf
VanDam, K. & Tysick, N. (Eds.). (2008). KU handbook for writers. (2nd. ed.) New York:
Cengage Learning.