. Legal Research Methodology.

PART B

INTRODUCTIONReferences in Research:Research is said to be the study or method of gaining knowledge. There is no field of study that is devoid of research or such techniques. In this context it is necessary to know and understand the basic characteristics of a good research. The basic characteristics of a good research include:1. it should be objective oriented 2. it should be precise and comprehensive in its manner of presentation and study;3. it should deal with a problem of significance and provide a pragmatic and workable solution;4. it should be authentic and not plagiarized;5. it should include proper references and sources as to from where such idea has been borrowed or inspired;6. proper methodology of research should be present.Thus it can be seen that besides dealing with the research problem of current nature and such elements as required in the form of proper methodology and language followed, the work should be authentic and include the proper sources along-with proper citation and noting.As authenticity is an essential element of good research and also legal research thus emphasis should be laid upon including the proper resources and citations. The need to authenticate the study is necessary because if not so done then the study shall become a plagiarised one.Every research thus includes within itself a portion that deals with references which show the sources and the places from where the idea or the matter has been taken causing thereby minimal chances of plagiarism and such allegations of copying or violating others copyrights.In academic writing, whether essay, review, research report or paper, it is hence essential that one acknowledges as to exactly from where one has obtained the ideas and information. References should be provided whenever any ideas or inspiration, or, particular facts, illustrative examples, theories, findings, ideas or concepts in an authors work, or, specific data or statistics, or, any direct quotation, or, paraphrasing an authors words is taken or used in the concerned study.Need of References: To acknowledge the sources. To substantiate the arguments. To avoid plagiarism, even when unintentional. To enable the reader to follow up the source of the material and similarly can be of help in further research. Generally citing references is a two-fold process of:1. Citing or making a brief reference to the source, in brackets, within the body of the document, which includes the authors surname, the date of publication, and, if relevant, the page number, for example (Fisher and Harrison, 1998:2), and,2. Referencing or giving a full bibliographic description of each source, in alphabetical order, at the end of the document. This description should contain all the elements needed to identify the source: author, date, title, place and name of publisher, etc. The referencing should also be consistent, i.e. one should not mix different systems but stick to one, which, as indicated, either by the evaluator or the guide or instructor.

The need can be best understood by the following diagram or flowchart[footnoteRef:2]: [2: Harris 2001, The plagiarism handbook: strategies for preventing, detecting and dealing with plagiarism, Pyrczak, Los Angeles p. 155]

NoYesDid you think of it?

NoYesIs it common knowledge?

Do not cite itCite it

CHAPTERS AT A GLANCEIn the Chapter I on Bibliography in Legal Research the contents deal with the matter of definition of bibliography, and its essential elements. The use and importance of bibliography is not less than the whole research itself as in its absence the whole study lacks the sanctity of research. The chapter tries to highlight these important elements in a bibliography apart form also including the types of bibliography used in a reference system. The common pattern of writing a bibliography has been also enumerated.In the Chapter II on Citation in Legal Research the detailed analysis of the various styles of citation available has been added with their examples for ready referencing and ease of understanding. In this chapter the focus has been on the need of citation and its various forms as available all around the globe. In fact there are a number of styles present and the number is increasing day by day but here the focus is primarily upon those forms or styles which are widely popular. In this part, with illustrative examples, the form of citation that has been devised by the Indian law Institute in line with the MLA style has been added for the better understanding of the position of research in India and that even they are not far behind in developing a style which is easy and not laborious to follow.After knowing all about references the most obvious question that needs to be answered is why are all these necessary? In connection to this as has been time and again been emphasised in the study that the main motto of research is gaining knowledge and the main purpose of including the references is to give the proper authenticity of the research along with maintaining the originality of such other researches that have been taken help of in the study. The next chapter is relating to the issue of plagiarism and its issue in research under the head of Plagiarism and Research in Chapter III of the study. The portion deals with the issue and its meaning and tries to outline the reasons which can be attributed to its growth as often it is seen that students as well as researchers try to take the short-cut and are even unaware of the plague of plagiarism. In this context the chapter is an attempt to deter the researchers as well as the students to note take the easy way out and help in developing an original work of their own which not only shall help in the development of the law and the subject of research but also give immense satisfaction to the researcher on having done a good work. The types of plagiarism has been also included to show that even if proper citation is done in a study still if there is no substantial material fact in the study then the whole idea of originality is lost and the work becomes a plagiarised one.

CHAPTER IBIBLIOGRAPHY IN LEGAL RESEARCHPoints of discussion: Meaning of bibliography Use of bibliography Types of Bibliography Method of writing the bibliography: Essential elements involved Meaning of BibliographyBibliography is generally termed to be the list of the books that the researcher refers to in the study undertaken by him/her. According to The Oxford English Dictionary as a practice, the academic study ofbooksas physical, cultural objects, in this sense, is also known asbibliology. On the whole, bibliography is not concerned with the literary content of books, but rather the bookness of books how they were designed, edited, printed, circulated, reprinted and collected.[footnoteRef:3] A bibliography lists relevant items that you have used in the preparation of the assignment but not necessarily cited in your text.[footnoteRef:4] [3: Philip Gaskell,A New Introduction to Bibliography ] [4: Guide to the Harvard Style of Referencing second edition revised September 2010 on Referencing Systems available at http://libweb.anglia.ac.uk/referencing/harvard.htm (Visited on 25th March, 2011)]

A bibliography, the product of the practice of bibliography, is a systematic list of books and other works such asjournalarticles. Bibliographies range from workscited lists at the end of books and articles to complete, independent publications. As separate works, they may be in bound volumes such as those shown on the right or computerisedbibliographic databases. Alibrary catalog, while not referred to as a bibliography, is bibliographic in nature. Bibliographical works are almost always considered to betertiary sources.Bibliography is a list of the works of a specific author or publisher. It includes[footnoteRef:5]: [5: http://www.thefreedictionary.com/bibliography (Visited on 25th March, 2011 at 10:36 a.m.)]

a) a list of writings relating to a given subject:a bibliography of Latin American history;b) a list of writings used or considered by an author in preparing a particular work;c) the description and identification of the editions, dates of issue, authorship, and typography of books or other written material; d) a compilation of such information;A bibliography means[footnoteRef:6]: [6: ibid]

1. the science that studies the history of books, noting their physical description, publication, and editions. 2. a list of books on a particular subject or by a particular author. 3. a list of source materials used or consulted in the preparation of a work or referred to in the text.Broadly bibliography is the systematic study and description of books. The word can refer to the listing of books according to some system (called descriptive, or enumerative, bibliography), to the study of books as tangible objects (called critical, or analytical, bibliography), or to the product of those activities.[footnoteRef:7] The term book is now generally applied to all texts (be they published or in manuscript) that are meant to be permanent, including periodicals, maps, music, pictures, and ephemera, as well as materials preserved in the audiovisual and electronic media. [7: Britannica Encyclopedia on bibliography]

Use of bibliography:As the meaning of bibliography suggests that it is a list of books and materials used for the research the need is thus inherent in its meaning. In fact its primary job is to provide the list of the references used and it goes on to show the amount of labour the researcher has put in the study by going through the various books, articles, journals etc. in the course of his study. In this matter the inclusion of the reports and the legislations referred helps in making a proper and rich bibliography which can show the image of how good a research has been. The bibliography also acts as the insight for future references and development of the study in the field of research. The need of bibliography can also be perceived from the point that it is an effort to give credibility of the work undertaken by others as well as not create an impression of either stealing or trying to pass-on anothers work as his own. Types of bibliography: Primarily there are 3 types of bibliography namely:1. Enumerative Bibliography[footnoteRef:8]: this form of bibliography includes the results in an overview of the publications of a particular category. It is the listing of books according to some system or reference plan, for example, by author, by subject, or by date. The implication is that the listings will be short, usually providing only the authors name, the books title, and date and place of publication. Also known as systematic bibliography or descriptive bibliography. A book like theNew Cambridge Bibliography of English Literature, which catalogues briefly the works of English writers and the important secondary material about them is an example of the same. [8: Terry Belanger DescriptiveBibliography The Bibliographical Society of America available at (Visited on 26th March, 2011)]

2. Analytical bibliography: it is the analysis of the sources referred to (here book) with respect to their historical perspectives or their details of production or even the method in which the book has been framed to suit the need of the subject. Analytical bibliography is concerned with the whole study of the physical book: its history, its appearance, and the influence of the manner of production on its text. It is in fact lunatic to attempt to draw precisely distinctions among the types as they are equally important as aids to our understanding of books.Bibliography

Enumerative (Systematic) BibliographyAnalytical (Critical) Bibliography

HistoricalBibliography TextualBibliographyDescriptiveBibliography

Thus the category can be further divided into: Historical bibliography: the history of books broadly speaking and of the persons, institutions, and machines that was produced them. It may range from technological history to the history of art in its concern along with the evidence books provide about culture and society. Textual bibliography: the relationship between the printed text as we have it before us, and that text as conceived by its author. Textual bibliography (sometimes calledtextual criticism) tries to provide the most accurate text of a writers work. The equipment of the textual bibliographer is both a profound knowledge of the work of the writer being edited (and of his or her period) and an equally profound knowledge of contemporary printing and publishing practices. Descriptive bibliography: the close physical description of books. How is the book put together? What sort of type is used and what kind of paper? How are the illustrations incorporated into the book? How is it bound? Like the textual bibliographer, the descriptive bibliographer must have a good working knowledge of the state of the technology of the period in order to describe a book's physical appearance both accurately and economically. Descriptive bibliographies are books that give full physical descriptions of the books they list, enabling us to tell one edition from another and to identify significant variations within a single edition. Good descriptive bibliographies are therefore indispensable to book collectors, whatever their fields of interest and whatever the time period their collections cover.Annotated Bibliography: There is also another form of bibliography which is known as annotated bibliography. Annotated bibliography includes specific information about each source the researcher has used. The annotated bibliography allows one to tell the readers what to check out, what might be worth checking out in some situations, and what might not be worth spending the time on. Its kind of like providing a list of good movies for ones classmates to watch and then going over the list with them, telling them why one movie is better than that the other or why one student in the class might like a particular movie better than another student would. It helps one to give the future researchers alike enough information to understand basically what the materials are about and to make an informed decision about where to use their resources based on their interests.Certain elements of annotated bibliography include: encourages to think critically about the content of the works being used, their place within a field of study, and their relation to the research and ideas where it is used; proves that one has read and understood the sources used and mentioned; establishes the work as a valid source and the fact that the researcher is a competent one; situates the study and topic in a continuing professional conversation; provides a way for others to decide whether a source will be helpful to their research if they read it; can help interested researchers to determine whether they are interested in a topic by providing background information and an idea of the kind of work going on in a field that has been researched upon . Method of writing the bibliography: Essential Elements involvedThe bibliography as includes the list and the names of books with the details as to the publications and the year of the publications which point the exact details for future references and authenticity for further research. The style of bibliography generally varies according to the style of citation followed[footnoteRef:9] or the type of bibliography followed but broadly the general aspects that are present in a bibliography includes: [9: infra Chapter II Citation in Legal Research ]

Authors name; The title of the book or journal or magazine or material referred to in the study; The name of the publishing house and its place; The year or date of publication; The pages referred to (in case of articles from journals or articles or newspapers or encyclopedia)CHAPTER IICITATION IN LEGAL RESEARCHPoints of Discussion: Meaning of Legal Citation Importance of Citation Types of citation Illustrative examples Meaning of Citation:Broadly, acitationis areferenceto a published or unpublished source (not always the original source). More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of acknowledging the relevance of the works of others to the topic of discussion at the spot where the citation appears. Citation is the practice of referring to the work of other authors in the text of you own piece of work. Such works are cited to show evidence both of the background reading that has been done and to support the content and conclusions.[footnoteRef:10] [10: supra note 2, Citation ]

A prime purpose of a citation is intellectual honestyto attribute prior or unoriginal work and ideas to the correct sources, and to allow the reader to determine independently whether the referenced material supports the author's argument in the claimed way. Importance of Citation:It is but obvious as to the need and necessity of citation as it not only helps the researcher himself but also the further researches in the same sphere or area of study. Legal research also relies very heavily on citation. Accurate citation provides a road map that directs the reader to where to locate the law. As with an actual road map, users of citations depend on their accuracy. Inaccurate or incomplete citations will result in people taking a detour from their goal and wasting time in their legal research. In this regard it is necessary to also note that if not so done then the researcher might be found guilty of plagiarism which can totally declare a research to be void or wasted. According to the Harvard Universitys Style of Referencing each citation requires a reference at the end of the work; this gives the full details of the source item and should enable it to be traced. Referring accurately to such source materials is part of sound academic practice and a skill that should be mastered.[footnoteRef:11] Other reasons for accurate citation and referencing are: [11: id. note 9]

to give credit to the concepts and ideas of other authors; to provide the reader (often the marker/examiner of the assignment) with evidence of the breadth and depth of your reading; and, to enable those who read your work to locate the cited references easily. Acitationis to a legal authority what aURLis to a web page. For example, if all one had, was the nameBachhan Singh v. State of Punjabone could find the respective case or web page provided some help from either a digest or table of cases (with respect to the case) was there. However, if one has AIR 1980 SC 898then he could go directly to the case in any law library just as one goes directly to the web page on the internet without any further assistance or information. Hence, accurate citation of legal authorities in briefs or pleadings that are filed with the court is essential. Types of Citation:Generally there are two types of citation in any research which can be either in-text format (also termed as Parenthetical Format) or note format. Note format can be further classified into footnotes and endnotes. Various institutions have further developed the citation system with certain modifications based upon the above-mentioned formats and have received so much importance that they have come to be recognized by their own names and essential characteristics. The various forms of citations, as has evolved and been accepted, generally subscribe to citations systems, such as the Oxford and Harvard, MLA, American Sociological Association (ASA), American Psychological Association (APA), and other citations systems including the Bluebook Citation Format, as their syntactic conventions are widely known and easily interpreted by readers. Each of these citation systems has its respective advantages and disadvantages relative to the trade-offs of being informative (but not too disruptive) and thus should be chosen relative to the needs of the type of publication being crafted. In the following paragraphs the various methods of citations shall be discussed in brief with examples for better understanding of the same. Harvard form of Citation[footnoteRef:12]: This style of citation has been developed [12: The updated 2010 form of references to be provided according to Harvard form of citation can be of use to the researcher and can be accessed from the following address ]

Certain examples have been associated to explain the style of references used in this form of referencing: Direct Citation and In-direct citation: In the former case the authors name if forms a natural part of the sentence, then the surname should be followed by the year of publication, in brackets else (in the latter case), the authors name is mentioned within the text followed by the authors name and year of publication, in brackets, at the end of the sentence.eg. There are certain distinctive conditions, which need to be satisfied, in order for a review to be justified (Jain 2010). is an example of indirect citation but for the other one it can be Jain (2010) argues that there are certain conditions that should be considered, before making a decision on whether to review the case or not. Citing Page Numbers: If the information comes from a particular page or section of the publication, or an exact quotation is being used, then page numbers to be included as follows:eg. (Jain 2011: 74-89) Citing a source that has more than two author: The first author followed by et al in italics is cited. eg. (Hallam et al 1999). The full bibliographic reference will read as:Hallam, E., Hockey, J. and Howarth, G. (1999) Beyond the Body. Death and Social Identity. London, New York: Routledge. No author: If the author of a document cannot be found then the following format can be used:Title of document (in italics) Anon and date of publication.This style of citation also includes under a separate head as to how the references or bibliography is to be made and the essential details as to the same. Books: The order of the various elements is: Author: Surname with capital letter, followed by comma. Initials: In capitals with full-stop after each. Year: Publication year (not printing or impression) in parentheses, followed by full stop. Title: Full title in italics. Only the first word and proper nouns should be capitalized. Follow with a full stop (unless there is a subtitle). Sub-title: Follows a colon at the end of the full title. Only proper nouns should be capitalized. Followed by a full stop. Edition: Only include if it is not a first edition. Use the number followed by ed. Place of publication: Give town or city, and country if there is possible confusion with the UK. Follow with a colon Publisher: Publisher name followed by full stop.Eg. Jain, M.P. (2010). Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths, Wadhwa .If there are more than one author of any book referred in the study tehn the referencing should be done using this style as follows: For three or less authors all names are to be cited Example: Alvesson, M. and Skoldberg, K. (2000). Reflexive Methodology: New vistas for qualitative research. London: Sage Publications. For four or more authors cite the first only, followed by et al.Example: Taylor, P. et al. (1997) Sociology in Focus. 3rd ed. Bath: Causeway Edited books: Books that consist of chapters written by different authors, overseen by one or more editors requires the following elements:Author(s), Initial(s). ed(s). (Year of publication). Title of book. Edition (if not 1st edition). Place of publication: Publisher.Example: Cohen, A. P. and Rapport, N. eds. (1995). Questions of Consciousness. (2nd edition). London: Routledge. Conference papers: The required elements are:Authors name and initials. (Year). Title of paper. In: Full title of the conference. Location. Date. Example: Bauld, L. (2009). UK Centre for Tobacco Control Studies: Opportunities for involvement. In: ASH Wales 2nd Annual Tobacco Control Conference, 6-7 Cardiff, Wales, UK. October 2009. Internet sources: The required elements are:Author(s) or corporate author. (Year). Title of document. [type of medium]. Available from: URL [accessed date] Example: BBC News. (2007). King denies criticising Treasury [online]. Available from:http://news.bbc.co.uk/1/hi/business/7149384.stm [accessed 19 December 2007].[It is important to note that some of these details may not be available in toto but the aim is to provide as complete a reference as possible.]In the bibliography the method of referencing should be as follows:Example: Fredrickson, B. L. (2000). Cultivating positive emotions to optimize health and well-being. Prevention & Treatment, 3. Available from http://journals.apa.org/prevention/volume3/pre0030001a.html [Accessed 20 November 2003] Dissertations/Unpublished PhD. Thesis: The required elements are:Authors name and initials. (year). Title. Level. Educational establishment.Example: Levine, D. (1993). A parallel genetic algorithm for the set partitioning problem. Unpublished Ph.D. thesis. Illinois Institute of Technology. Articles, papers and reports etc: The articles in these forms have almost similar form of citation but have certain forms and differences which can be illustrated by the following examples with respect to the different formats. Journals: The essential element form of citation includes:Author's surname and initials, (year). title of article. full title of Journal, volume number, (part or issue number), pages. Italics are used for the title of the journal, not the article.Example: Francis, D. Kellaher, L. and Neophytou, G. (2000). Sustaining cemeteries: the user perspective. Mortality, 5 (1), 34 53. Newspaper articles: The required elements are: Author, Initials. (Year). Title of article. Full title of newspaper, Day & month, page numbers. Example: Wallace, S. (2008). Barry to reject record pay deal and join Benitez. The Independent, 6th May, 55. Conference papers: The required elements are:Authors name and initials. (Year). Title of paper. In: Full title of the conference. Location. Date. Example: Bauld, L. (2009). UK Centre for Tobacco Control Studies: Opportunities for involvement. In: ASH Wales 2nd Annual Tobacco Control Conference, 6-7 Cardiff, Wales, UK. October 2009. Reports: The required elements are:Author. (Year).Title of report, Place of publication: Publisher.Example: Devine, J., Notley, T., 2009. Extreme poverty policies of donors in Bangladesh: An overview. Project Report. Dhaka, Bangladesh: Genesis Ltd. Acts of parliament: The required elements are: Short title with key words capitalised. (Chapter number). Place of publication: Publisher. Example: Football (disorder) (Amendment) Act 2002. Chapter 12. London: The HMSO MLA form of Citation: This form of citation is widely acclaimed and is found to be the most followed citation format around the globe.The examples with respect to the various forms of references have been noted herewith: Books: The form includes the following essential elements:Authors surname followed by the forename in full, (not just initials) Book title, underlined. All words to begin with a capital letter except for words such as a, of, in, the, from, etc Place of publication Publisher Year of PublicationExample: Bernheimer, Charles. Flaubert and Kafka: Studies in Psychopoetic Structure. New Haven: Yale University Press, 1982. Journal articles: The format followed in this regard includes Authors surname followed by forename in full Title of article, enclosed in quotation marks. (All words in title in capitals except for small connecting words) Title of journal, underlined Volume number. Part number, if available Year of publication, in parentheses Page number(s) Example: Simpson, Roger. Building Arthurian Castles in Spain. Arthuriana, 11.4 (2001): 77-87. Conference Papers: The essential elements of this reference includes:Contributing Author(s) surname, followed by forename Title of paper, in quotation marks Title of conference, underlined, including the date and place if available Editor(s) of Conference Proceedings forename followed by surname Place of publication Publisher Year of publication Page numbersExample: Yuan, Boping. Is Thematic-Verb Raising inevitable in the Acquisition of a Nonnative Language? Proceedings of the 24th Annual Boston University Conference on Language Development, I-II. Ed. Catherine S. Howell, Sarah A. Fish, Thea Keith-Lucas. Somerville, MA: Cascadilla, 2000. 797-807. Theses and Dissertations, unpublished: The essential elements in this form of citation format are:Authors name and forename, if available. Initials if not. Title of thesis, in quotation marks Descriptive label - Diss. Name of institution to which submitted, and YearExample: Neill, M. Women at work in Ulster, 1845-1911. Diss. Queen's University, Belfast, 1996. Note Published dissertations should be treated in the same way as books Websites: The citation details includes:Title of the project or database, underlined Name of editor of project/database (if given) Electronic publication information, including version number, date of electronic publication or latest update, and name of sponsoring institution or organization Date of access and electronic address within < >.Example: Britannica Online. Vers. 97.1.1 Mar. 1997. Encyclopaedia Britannica. 29 Mar. 1997 E-Journals: The elements in this case include: Authors surname, followed by forename Title of article in quotation marks Title of the journal, underlined Volume no. Part no. Year of publication Page number(s), if numbered Date of access and electronic address Example: Honing, Henkjan. From Time to Time: The Representation of Timing and Tempo. Computer Music Journal 25.3 (2001). 12 July 2002 Text References: The essentials that should be considered in this case should include when using MLA form of citation, the in-text citation takes the form of the authors name and the page number being cited. Example: Williams (137-141) compared Italian and English sonnets or In a recent study of medieval sonnets (Williams 137-141) American Sociological Association (ASA) Citation:This form of citing sources uses the bibliographic style established by theAmerican Sociological Association Style Guide, 2nd edition(ASA). ASA has a different format for footnotes and bibliographic entries. Below are examples of the formats for both types of citation.[footnoteRef:13] [13: Citing Sources in Research Papers: American Sociological Association available at ]

Type of CitationExample

Book, one authorMason, Karen O. 1974.Womens Labor Force Participation and Fertility. Research Triangle Park, NC: National Institutes of Health.

Book, multiple authorsBerlin, Gordon and Andrew Sum. 1988.Toward a More Perfect Union: Basic Skills, Poor Families, and Our Economic Future. New York: Ford Foundation.

Book, editorThirsk, Joan, ed. 1984.The Agrarian History of England and Wales. Cambridge, England: Cambridge University Press.

Articles from journalsGoodman, Leo A. 1974. The Analysis of Systems of Qualitative Variables When Some of the Variables Are Unobservable.American Journal of Sociology79:1179-259.

Articles from newspapers and magazinesGuildes, Melinda and Krystal Miller. 1990. Mazda and Mitsubishi-Chrysler Venture Cut Output.Wall Street Journal, January 12, pp. A2, A12.

Government DocumentsU.S. Congress. 1950. House Subcommittee on the Study of Monopoly Power of the Committee on the Judiciary.Study of Monopoly Power: Hearing. 81st Cong., 2d sess., pp.788-91.

Dissertations and ThesesKing, Andrew. 1976. Law and Land Use in Chicago: A Pre-History of Modern Zoning. PhD. dissertation, Department of Sociology, University of Wisconsin, Madison, WI.

Online Journal articleJacobson, John W., Jane A. Mulick, and Ann A. Schwartz. 1995. A History of Facilitated Communication: Science, Pseudoscience, and Antiscience.American Psychologist50:750-65. Retrieved January 25, 2001 (http://www.apa.org/journals/jacobson.html).

WebsiteMathematical Policy Research, Inc. (August, 2005). Rural America: An Overview. InRural Research Needs and Data Sources for Selected Human Services Topics(vol 1, chap. 2). Retrieved March 24, 2007 (http://aspe.hhs.gov/hsp/05/rural-data/index.htm).

American Psychological Association (APA) Citation:The APA form of citation is very similar to that of MLA form that is followed except for some minor differences between the two. The essential elements of APA form of citation can be seen to be as follows: Use of parenthetical citation which shall include the authors name, followed by a comma, and the page number where the reference was found, written as (U Bakshi, p. 45). In cases where you have used more than one work by an author in one paper, you should also include the date when the work was published, so that your reference can be easily found by an interested reader: (U Bakshi 2011, p. 45). Use of punctuation marks just before the parenthetical citation to symbolize that as to at the end of the clause where the reference is located.[footnoteRef:14] [14: Molden, Vanessa on How to use APA Citation in Research Writing, available at ]

Creation of a Reference Page titled as References, and not Works Cited or Bibliography like in other citation formats. Certain elements as to this should be also kept in mind, namely: This title should appear at the top center of the page, which is also the last page of the study. The references should be listed alphabetically by the first word of each citation, which will usually be the authors name, or the title of the work if there is no authors name. The entire page should be double-spaced, with no extra spaces between references, bullet points or numbering. If a reference takes up more than one line, each subsequent line should be indented. Book and journal titles should be either italicized or underlined. However, titles of articles or chapters should not be italicized or even in quotation marks, but written in plain text. Pagination for a citation not to be included unless it is for a chapter in a book or an article from a periodical. If the precise page range is not known, it can be written as: pp. 19+. The Bluebook Citation[footnoteRef:15]: The citation forms inThe Bluebookare designed to provide the information necessary to lead the reader directly to the specific items cited but are not exhaustive because of the ever-increasing range of authorities cited in legal writing; no system of citation can be said to be complete. [15: The Bluebook: An Introduction available at ]

Examples: Roe v. Wade(1973) 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147.In the above example 410 U.S. 113, refers to the volume number of the United States Reports and page number where the reported decision ofRoe v. Wade can be found. 93 S.Ct. 705 gives the same information with respect to West's Supreme Court Reporter and 35 L.Ed. 147, refers to the volume number and page where the case is reported in Supreme Court Reports, Lawyer's Edition Second Series. People v. Rogers(1971) 5 Cal.3d, 129, 95 Cal.Rptr. 601, 486 P.2d 129.This refers to a California Supreme Court case with parallel citations to West's California Reporter and Pacific Reporter 2nd Series. Note the name of the case is always either italicized or underlined. Ruchti v.Goldfein, 113 Cal.App.3d 928, 170 Cal.Rptr. 375 (1980).The cited reference is to a California Court of Appeal case which is reported in California Appellate Reports, Third Series. Once again, the parallel citation is to West's California Reporter. Only state supreme court cases are reported in Pacific Reporter hence, no parallel cite to that series. This citation follows the protocal of theUniform System of Citationstyle manual by placing the year the case was decided at the end of the citation. In theCalifornia Style Manualthe year the case was decided is placed between the name of the case and the first reporter citation. ILI Style of Citation: Indian Citation Format[footnoteRef:16]: The Indian Law Institute has formulated a set pattern of footnoting, which is followed in the journal of Indian Law Institute, Annual Survey of Indian Law and various other publications of the Institute. [16: Available at ]

Books: By a single author: the format for this is as follows:-Name of the author, Title of the book p.no. (if referring to specific page or pages) (Publisher, Place of publication, edition/year of publication). Example: M.P.Jain, Indian Constitutional Law 98 (Kamal Law House, Calcutta, 5th edn., 1998). By two authors: the format is more or less similar to the previous one but with minor modifications:Name of the authors, Title of the book p.no. (if referring to specific page or pages) (Publisher, Place of publication, edition/year of publication). Example: M.P.Jain and S.N. Jain, Principles of Administrative Law 38 (Wadhawa, Nagpur, 2001) For more than two authors: in this case the use of et. Al. is there.Name of the first two authors, et.al., Title of the book p.no. (if referring to specific page or pages) (Publisher, Place of publication, edition/year of publication). Example: Jerry L. Mashaw, Richard A. Merrill, et.al., The American Public Law System Cases and Materials 50 (West Group, St. Paul, MN, 1992). By a single editor: the format is pretty much the same and use of ed. is there.Name of the editor (ed.), Title of the book p.no. (if referring to specific page or pages) (Publisher, Place of publication, edn/year).Example: Nilendra Kumar (ed.), Nana Palkhivala: A Tribute (Universal Publishers, Delhi, 2004).Note: in case of multiplicity of editors the format that can be adopted is the same as that of books. Articles: Citation of a paper published in a journal/periodical: the format is simple and easy as follows:Name of author of the article, title of the essay within inverted commas, volume number of journal, Name of the journal in abbreviation & page number (year). Example: K. Madhusudhana Rao, Authority to Recommend Presidents Rule under Article 356 of the Constitution, 46 JILI 125 (2004) Citation of a paper published in a case reporter: Authors name separated by a comma, followed by the name of the name of the article within inverted commas and the citation of the article as mentioned in the journal with the page number. Example: P.K. Thakur, Permissibility of Probation in Offences Punishable with Minimum Imprisonment 2 SCJ 26-38 (2002). Citation of a write-up published in a news paper/periodical: the format in case of such citation is similar to the above ones and but the date and such other details have to be mentioned. Name of the writer, Title of the write-up within inverted commas, Name of the newspaper, date. Example: Robert I. Freidman, Indias Shame: Sexual Slavery and Political Corruption are Leading to an AIDS Catastrophe, The Nation, April 8, 1996. Citation of an editorial from a newspaper: Editorial, Title of the Editorial within inverted commas Name of the newspaper, date.Example: Editorial, Short-circuited The Times of India, August 2, 2004. Citing a reference form Encyclopedia: Example: Edwin R.A. Seligman (ed.), Encyclopedia of the Social Sciences Vol. XV (The Macmillan Co., NY, 1957). Websites: if the websites gives information as to when it was last modified, the must be cited, if not one must cite the date of visiting the website. Examples: Information Technology Act 2000, India, available at: http://www.mit.gov.in/it-bill.asp (Last Modified July 29, 2003). Information Technology Act 2000, India, available at: http://www.mit.gov.in/it- bill.asp (Visited on July 29, 2003). Dissertations/Thesis: Name of the Researcher, Title of the dissertation/thesis (Year) (Unpublished Ph.D. thesis, Name of the University/organization). Example: Raman Mittal, Clinical Legal education: Challenges and Roadmap to Future (2004) (Unpublished Ph.D. dissertation, Punjab University).The above methods of citation as well as references can be followed by any person undertaking a research in a particular field. Even their scope of application is limited only to the institutes that have developed the formats but there is lack of uniformity in its application as anybody can freely chose the method followed but it should be kept in mind clearly that whatever method is once started with the same should be followed in the whole format of the study.

CHAPTER IVPLAGIARISM AND RESEARCHWhat is plagiarism?Plagiarism means presenting the words, phrases, ideas orworkof another, including certain facts and statistics, as if they were your own. At UNC, plagiarism is defined as the deliberate or reckless representation of anothers words, thoughts, or ideas as ones own without attribution in connection with submission of academic work, whether graded or otherwise.[footnoteRef:17] Plagiarismis defined in dictionaries as the wrongful appropriation, close imitation, or purloining and publication, of another author's language, thoughts, ideas, or expressions, and the representation of them as ones ownoriginal work.[footnoteRef:18] Fundamentally, thus it can be said that plagiarism is the offering of the words or ideas of another person as ones own. [17: Instrument of Student Judicial Governance,Section II.B.1 available at < http://instrument.unc.edu/>] [18: at Random House Compact Unabridged Dictionary, 1995 edn. use or close imitation of the language and thoughts of another author and the representation of them as one's own original work; theOxford English Dictionary: the wrongful appropriation or purloining and publication as one's own, of the ideas, or the expression of the ideas of another; according to West's Encyclopedia of American Law on Plagiarism it istheftof another person's writings or ideas. Generally, it occurs when someone steals expressions from another author's composition and makes them appear to be his own work. Plagiarism is not a legal term; however, it is often used in lawsuits. Courts recognize acts of plagiarism as violations ofcopyrightlaw, specifically as the theft of another creator'sintellectual property. Because copyright law allows a variety of creative works to be registered as the property of their owners, lawsuits alleging plagiarism can be based on the appropriation of any form of writing, music, and visual images.]

The modern concept of plagiarism isimmoralandoriginalityas anidealemerged in Europe only in the 18th century, particularly with theRomantic movement, while in the previous centuries authors and artists were encouraged to copy the masters as closely as possible and avoid unnecessary invention. Plagiarism is now not acrimebut is disapproved more on the grounds ofmoraloffence.Plagiarism is not the same ascopyright infringement. While both terms may apply to a particular act, they are different concepts. Copyright infringement is a violation of the rights of a copyright holder, when material protected by copyright is used without consent. On the other hand, the moral concept of plagiarism is concerned with the unearned increment to the plagiarizing authorsreputationthat is achieved through false claims of authorship.To avoid plagiarizing, you must clearly acknowledge thesourceof any borrowed language or ideas that you present in your own work. Quotation marks, followed by documentation, should be used to indicate the exact words of others. A signal phrase identifying a source and/or parenthetical citation or a superscript number should denote the summarized or paraphrased ideas of others, depending on the particular style the paper follows.Types of Plagiarism:There are various ways in which plagiarism can be said to have been committed and it is always not that it includes only blind CCP (Cut-Copy-Paste) but it may also involve use of certain amount of intellect and disguise in an effort to remove the tag of plagiarism. The problem is so huge and has such vice-like grip that it is very difficult to save a person form its clutches as normally one and all like to have it easy and when such an easy method of CCP is available then why to worry! Also, as it is not an offence under any of the laws and neither can anyone be held liable for breaching someones rights the offenders can escape the moral obligations present. This has been the reason many institutions have started developing code of conduct and manner of research to be followed by the researcher in the study and they try to see to it that if any person is found indulgent in such activities then his work may be declared to be as plagiarized and thus can be cancelled. To prevent such acts even technological assistance[footnoteRef:19] can be sought to check whether the research is authentic or not or it suffers from the disease of plagiarism. In this regard the classification or the types of plagiarism is important to note and understand. [19: Plagiarism.org, turnitin.com are certain online websites where details as to how to check or curb plagiarism nad the former is the Worlds first Internet based service to prevent plagiarism.]

According to C. Barnbaum[footnoteRef:20], there may be five types of plagiarism namely: [20: Plagiarism: A Student's Guide to Recognizing It and Avoiding It available at accessed on 23rd March, 2011]

Copy & Paste Plagiarism Word Switch Plagiarism Style Plagiarism Metaphor Plagiarism Idea PlagiarismAccording to Turnitin.com[footnoteRef:21] and Research Resources there may be broadly two types of plagiarism which can be further sub-divided into other types. [21: is website where various software and technologies are available to prevent plagiarism and the same can be of help to both the teachers as well as the students who themselves can check whether any material studied by them is plagiarized or not or even see whether their own work suffers from the defect or not.]

Broadly the two types are: - (I) Sources not cited and (II) Sources cited which can be further categorized into: I. Sources not cited:1) The Ghost Writer is where the writer copies word-to-word to claim his original work.2) The Photocopy is where the significant portions of text from a single source, without alteration, is copied by the researcher. 3) The Potluck Paper is where an effort is made to disguise plagiarism by copying from several different sources, changing certain sentences but retaining the paraphrase of the original source.4) The Poor Disguise: Although the writer has retained the essential content of the source, he or she has altered the papers appearance slightly by changing key words and phrases. 5) The Labor of Laziness: The writer takes the time to paraphrase most of the paper from other sources and make it all fit together, instead of spending the same effort on original work. 6) The Self-Stealer: The writer borrows generously from his or her previous work, violating policies concerning the expectation of originality adopted by most academic institutions. II. Sources Cited (but still plagiarized!): Even if sources are cited then also in certain cases as mentioned below there can be chances of plagiarism being associated with the work.1) The Forgotten Footnote: Here the writer mentions an authors name for a source, but specific information on the location of the material referenced is not provided. This often masks other forms of plagiarism by obscuring source locations. 2) The Misinformer: Inaccurate information regarding the sources is provided, making it impossible to find them. 3) The Too-Perfect Paraphrase: Properly citation of a source is done, but neglects to put in quotation marks text that has been copied word-for-word, or is close to the same. Here the writer falsely claims original presentation and interpretation of the information which is not so in actual.4) The Resourceful Citer: Properly citation of all sources is done, paraphrasing and using quotations are also put appropriately, but the study contains almost no original work! It is one of the most difficult plagiarisms to spot as because it looks like any other well-researched document! 5) The Perfect Crime: In this case, the writer properly quotes and cites sources in some places, but goes on to paraphrase other arguments from those sources without citation. This way, the writer tries to pass off the paraphrased material as his or her own analysis of the cited material. Anti-Plagiarism measures: Is there a way out?Only ascertaining liability is not enough as in the same it is very difficult to rectify ones mistakes than to merely punish him. Even in law there is scope of reformation and the same is also necessary to be provided for any such researcher. Also it is always not possible for technology to detect such practices and in such scenario it is not advisable to rely only on technology and thus it is necessary to also conduct tests upon the material presented before the evaluators by the researchers in form of presentations as well as viva-voice examinations. Even at times it can be that if there is scope of proof reading the same can be a useful tool in detecting whether the matter researched and presented is original or not. The evaluators should also emphasize upon making original work and stress must be laid upon the content and not the volume of work.More than often it is seen that due to either lack of interest of any student in any area of research or due to paucity of time it is not possible for them to undertake a research in strict terms as they also have to comply with certain other conditions of time and such other conditions prevalent. In these cases efforts should be taken to allow the student-researchers to evaluate themselves and thereby chose the areas where they want to work else if not possible then proper materials should be provided to them as to do research and finally, make an original work of their own. It needs to be emphasised that the matter of contention for securing good grades in a research should lie upon the content and how much voluminous the work is as it shall then encourage the researchers to do original work in whatever little form they can.

PART CCONCLUSIONThe use of references and its need cannot be over-emphasised but it is for sure that if the references are not used properly then in that case it shall lead to various adverse results. An issue of plagiarism if gets associated with a research then the study becomes a disaster and the whole research becomes a waste. The best way out in that case is that to cite the proper resources in a proper format. Else the whole motto of research becomes futile and the matter becomes plagued with allegations of intentional copying and such attributes. It also to be remembered that if the research is properly cited, then also the study can come under the perview of plagiarism and if it contains only borrowed ideas and expressions. Thus, references and citation gives sanctity and authenticity to ones work. If a matter is properly cited and relevant sources are provided then the originality of the work is established. The same helps in gaining of proper knowledge and also acts as a guide for future study, research as well as further and even more investigation and analysis of the same matter. The need of references and citation have been also emphasised at the beginning of the study and it can be concluded after studying the whole matter on references and citation that they act as the eyes and ears of the study so done and conducted.Regarding the forms and types of citation and study it can be well seen that there are various styles available and also various methods which are followed in this regard. This clearly is an indication to the fact that the matter of research and its authenticity is a cause of concern for one and all. But the lack of uniformity of the citation and referencing has caused a problem for many people. The multiplicity of the forms of citation and references has caused even more chaos at times in the research field. The indulgence of certain universities and also journals in strict adherence to certain particular styles of referencing causes the researcher to either come terms with the style or else fall in the pit of improper citation which is also a ground of dismissal of the study. The variety in the style and method of research though remains the same but the difference in footnoting, citation and such authentications as are required from time to time in a research, cause confusion in the minds of the researcher as well as those who are engaged in the study of the subject matter. The numerous citation styles bring variety but due to lack of their uniformity it is not possible to have a common research method that can be adopted across the globe for better legal research. Depending upon the universities there are various acclaimed and proper research referencing styles developed which have their similarities and dissimilarities and even a single country can be said to have numerous referencing styles. Even in India this is very widely seen and apart from the Indian Law Institute no other universities have their own method of references but tend to follow the methods such as MLA style or Bluebook Citation or Harvard System of Referencing. This again causes lack of uniformity and places and obligation upon the researcher to make himself conversant with various styles followed widely.The need of citation is also seen in context of any articles besides researches and these help a person to grow as a researcher to further develop an intention of doing good research. Thus, with certain shortcomings as mentioned above it is necessary that one includes the proper method of referencing and citation while doing a study. Also, certain suggestions as to the number of citation formats a uniform citation format should be present in a field of study as that would help in better understanding of the same and proper inclusion of the sources used. A few guidelines as to this aspect may be as follows: Keeping the format simple and less complex; Awareness should be made about this aspect at the grass root level of study i.e. at the time one starts his under-graduation in his 1st year of study if possible; Instructors should be well versed with the developments in citation formats across the globe which is followed; Emphasizing upon the students the need of references and explaining the methods clearly so that there is no confusion as to what and how a format is to be used; Lastly, an effort should be made to come up with a uniform referencing system that can suit any type of research in a legal field thereby, causing decline in the number of reference styles to be followed helping also less confusion and chaos;BIBLIOGRAPHYBOOKS:1. Kothari, C.R., Research Methodology, Wishwa Prakashan, (1994 edn.)2. Myneni, S. R., Legal Research Methodology, Allahabad Law Agency, Faridabad, Haryana, 2009.3. Tewari, H.N., Legal Research Methodology, Allahabad Law Agency, Faridabad, Haryana, 19974. Watt, Robert., Concise Legal Research, Universal Law Publishing Co. Ltd., Delhi, 20015. Legal Reasoning, Research and Writing for International Graduate Students, (Anon.), Aspen Publishers, 2008E-MATERIALS: http://www.library.cornell.edu/resrch/citmanage/apa visited on March 01, 2011, 1:04 p.m. http://www.library.cornell.edu/resrch/citmanage/apa visited on March 01, 2011, 1:15 p.m. http://en.wikipedia.org/wiki/Legal_citation visited on March 01, 2011, 1:38 p.m. http://www.legalcitation.net/qpinpoint.htm visited on March 01, 2011, 1:44p.m. http://www.camosun.ca.libguides.com/content.php?pid=38592&sid=465071 visited on March 01, 2011, 1:49 p.m. http://www.west.net/~smith/citation.htm visited on March 01, 2011, 1:56 p.m. http://www.legalcitation.net/qnotes.htm visited on March 25, 2011, 11:18 p.m. http://libweb.uoregon.edu/guides/citing/asa.html visited on March 25, 2011, 11:30 p.m. http://www.ehow.com/how_2305212_use-apa-citation-research-writing.html visited on March 25, 2011, 11:45 p.m. http://library.queensu.ca/law/lederman/legalcitation visited on March 27, 2011, 11:08 p.m. http://www.rbs0.com/lawcite.htm visited on March 27, 2011, 11:15 a.m.. http://www.wisegeek.com/what-are-the-different-methods-of-research-paper-citation.htm visited on March 27, 2011, 11:27 p.m. http://owl.english.purdue.edu/owl/resource/560/04/ visited on March 28, 2011, 11:08 p.m. http://www.library.uow.edu.au/helptraining/tutorials/legal/citwrit/1b_foot-bib.html visited on March 28, 2011, 11:18 p.m. http://legalresearchprinciples.pbworks.com/w/page/16129953/Types-of-Secondary-Material visited on March 28, 2011, 11:29 p.m. http://www.legalbluebook.com/Public/Introduction.aspx visited on March 28, 2011, 11:38 p.m. http://www.stat.psu.edu/~surajit/present/bib.htm visited on March 28, 2011, 11:45 p.m. http://researchpapers247.com/ama-citation-style.html visited on March 28, 2011, 11:48 p.m. http://libweb.anglia.ac.uk/referencing/harvard.htm visited on March 28, 2011, 11:53 p.m. http://cai.ucdavis.edu/citation.html visited on March 28, 2011, 11:57 p.m. http://cai.ucdavis.edu/plagiarism.html visited on March 29, 2011, 12:19 p.m. http://en.wikipedia.org/wiki/Plagiarism visited on March 29, 2011, 12:23 p.m. http://www.virtualsalt.com/antiplag.htm visited on March 29, 2011, 12:28 p.m. http://www.unc.edu/depts/wcweb/handouts/plagiarism.html visited on March 29, 2011, 12:34 p.m. http://www.fno.org/may98/cov98may.html visited on March 29, 2011, 12:48p.m. http://www.economicsnetwork.ac.uk/handbook/plagiarism/22 visited on March 30, 2011, 12:59 p.m.MISCELLANEOUS MATERIALS: Guide to the Harvard Referencing System (revised and updated, 2010) Harvard (Author-date) Referencing Guide, January 2007 The Bluebook: A Uniform System of Citation (15th edn., 1991)30