ST. JEROME'S UNIVERSITY UNIVERSITY OF WATERLOO LEGAL STUDIES 101

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ST. JEROME'S UNIVERSITY

UNIVERSITY OF WATERLOO

LEGAL STUDIES 101 – SECTION 01 (10:00 – 11:20 Tues. & Thurs.)

INTRODUCTION TO LEGAL STUDIES

FALL 2011

Course Professor

Dr. Frances E. Chapman B.A. (Hons.) University of Waterloo (Sociology, Option in Legal

Studies and Criminology), J.D. (University of Western Ontario), LL.M. (University of Western

Ontario), Ph.D. (Osgoode Hall, York University).

Room 3026 St. Jerome's University

Office Hours: Tuesday 9:00-10:00 and Thursday 9:00-10:00

[email protected] – this is my preferred method of communication. Please email at

this address and NOT through ACE.

You are welcome to speak to me before or after class or make an appointment to discuss

assignments. If you schedule an appointment and do not attend without notice to the Professor,

no further appointments will be scheduled outside of office hours.

Course Description:

Legal Studies 101 is an introduction to the study of law, its structure, and legal institutions from

a case based perspective. This interdisciplinary course examines the origins and functioning of

the Canadian legal system. Included is an analysis of the diverse historical and philosophical

conditions under which law arises and functions within society.

This course will cover various aspects of the civil law in Canada including ethics and

professional responsibility; civil litigation; torts; contracts; administrative law, alternative dispute

resolution; and family law.

This course counts as a credit towards the Legal Studies and Criminology Option and towards

the Legal Studies Degree.

Email etiquette: When emailing, please type in the course number in the subject heading so that

it is not mistakenly identified as SPAM. Please do not forward assignments by email. Please do

not ask for your grades by email. If you have missed classes, it is your responsibility to obtain

notes from a fellow student. Please do not email asking what you have missed or for copies of

lecture notes. No exceptions.

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E-mail will be answered as quickly as possible between the hours of 10:00 am and 5:00 pm

Monday to Friday.

I do not check the e-mail on UW ACE. Please do not contact me through ACE but rather

through [email protected]

It is my policy not to provide lecture notes for ANY reason. Please do not ask.

Before you e-mail me with a question, read the complete course outline to see if your

inquiry is already addressed.

Team Legal Studies

I am very fortunate to have a great support team. Before you e-mail me about an issue, see if any

of these individuals can assist:

Marking Teaching Assistants – UW Legal Studies Graduates

Ask these TAs about issues with Legal Studies in general, marking questions, assignment

and exam questions, mentoring questions etc.

KP Anand - [email protected] – KP has experience in changing programs, and is

happy to advise those choosing between an Arts and Science programs.

Belal Rizvi – [email protected] – Belal just graduated from Legal Studies this year,

and is an expert on courses and the program.

Proctors – UW Current Legal Studies Students (3rd

and 4th

Year Legal Studies

Students)

Ask proctors about choosing Legal Studies as a major, mentoring questions, and general

questions. Many of these students have experience applying to law school and graduate

programs. Do not ask the proctors marking questions because they will not be marking

exams/papers. Here is a little something about each of our proctors:

Melody Chen - [email protected] - I am in the process of applying to law

schools and Masters Programs within Canada and abroad. I wrote the LSAT in the

June of 2011, and would be more than happy to help anybody interested in taking it. I

also have first-hand experience applying for departmental co-op admission and

managing a Joint-Honors degree. I modified my academic plan from a Joint-Honors

degree, in Psychology and Legal Studies, to Honors Legal Studies with a Psychology

minor. I lived in Singapore until I was 16 before coming to Canada for my final year

in High School. I am fluent in Mandarin despite being a little rusty, but I am willing

to spend time with students having difficulties transitioning into University as a

result of a language barrier or relocation.

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Farah Hakim - [email protected] Hi everyone, my name is Farah and I am a

fourth year Legal Studies major and doing a minor in Political Science. I am

currently in the process of applying to law schools in Canada and abroad, so I would

be more than happy to assist anyone wishing to proceed in the same direction. I live

in Kitchener-Waterloo and have tons of experience finding

volunteering opportunities in the area so please let me know if you need help getting

started. I am big on using the resources our University has to offer and we are lucky

that Waterloo has so many workshops and clubs that support students pursuing law

school and the Legal Studies Program. I recently took the LSAT in June 2011 and

also explored a few prep courses, so I have tons of advice to share from experiences.

Feel free to send me an email and I will assist you the best I can.

Mehrnaz Jahanzadeh - [email protected] (Mehrnaz is also a research

assistant to Prof. Chapman) Mehrnaz is in her 3rd year of honors legal studies and

would be more than happy to answer any questions students may have about what

classes to take or about the program in general. She is familiar with the application

process for law school and can help students considering applying. Mehrnaz is also a

student from the United States and can help students who are unfamiliar with the

Canadian curriculum, or any concerns about how to adjust to UW.

Adam Loo - [email protected] -I’m from Scarborough, Ontario and came to the

University of Waterloo to pursue a degree in Electrical Engineering. After 2 years, I

decided that the program was no longer for me and decided to switch to the Legal

Studies program. I am now finishing up my third year in the Honours Legal Studies

major. I am more than happy to provide anyone with advice on switching academic

plans to Legal Studies, or even just general advice on choosing an academic plan and

adjusting to university life. I am currently in the process of preparing to write the

LSAT in June 2012 and plan to apply to law schools throughout Canada.

Ridhima Pathak - [email protected] - My name is Ridhima Pathak. I was

born and raised in Kitchener-Waterloo. I know the city well. I'm in my third year

completing a double major in Honours Arts Regular Legal Studies and Political

Science. I've taken a ton of classes in the Legal Studies and Political Science classes

(so if students have questions about profs or how classes are they can definitely ask

me). I'm currently prepping for the LSAT. I plan to write in June 2012. I'm also taking

a prep class in the first two weeks of Fall.

Damian Smith - [email protected] - Damian is currently pursuing a joint

honours degree in Legal Studies and Sociology, with a specialization in Criminology.

While Damian is a student here at the University of Waterloo, he is also completing

studies this semester at the University of Toronto. He is in the process of applying to

law school in England and is eager to assist anybody who may be interested in

pursuing law school overseas.

Legal Studies Society

Jeff Bunn - President, Legal Studies Society 2011-12 [email protected]

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Legal Studies generally - [email protected], also via Facebook by joining

the group "Legal Studies Society" (they're the only one on there).

Course Text List:

Material posted on UW Ace

Richard A. Yates, Ruth Whidden Yates, and Penny Bain, Introduction to Law in Canada, 2nd

ed., (Scarborough, ON: Prentice Hall Allyn and Bacon Canada, 2000). There is a specialized

version of this text with chapters taken out in order to save students money. However, you are

welcome to buy a used version of this text from other years. The custom edition is called:

Title Introduction to the Law in Canada Custom Edition for University of

Waterloo

Author YATES

ISBN 1256363324

You will also be responsible for updated material that is presented in class that is not in the text.

Required Readings:

You are required to read the text as follows:

From Yates, Yates & Bain, Introduction to Law in Canada:

Chapter 1 The Roots of the Law in Canada,

Chapter 2 Sources of Canadian Law,

Chapter 5 The Courts,

Chapter 6 Resolving Disputes Outside the Courts,

Chapter 8 Tort Law,

Chapter 9 Family Law (pages 201-217),

Chapter 10 Contract Law,

Chapter 7 Criminal Law (for reference only, and for those taking LS 102).

* Please note that these are all of the chapters in the custom edition.

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Course Requirements:

There will be a midterm, case brief assignment, and a final exam.

Assignment Value Date Due

Midterm 30% October 20, 2011 (in class)

Case Brief Assignment 45% November 8, 2011 – at the

beginning of class

(late assignments will receive

a reduction of 5% per business

day)

Non-cumulative

Final Test

25% Last Class – December 1,

2011 (in class)

The final test is non-cumulative and will only cover the material after the midterm. Both the

final test and the midterm will consist of short answer questions, essay questions, and true/false

and multiple choice questions. There will be choice on the short answer and essay questions. I

(and the TAs) will not answer substantive questions within 24 hours of the due date of the

midterm, assignment or exam.

LECTURE TOPICS

1. September 13th

, 2011 – Introduction, Meet the Proctors, TAs and the Professor

Readings: No readings

2. September 15th

, 2011 Introduction - This lecture analyses the civil law and criminal law systems work in

Canada including from a legal theory and philosophical basis.

1. Introduction

2. Civil Law Introduction

a) Different View of the Law

i. Natural Law

ii. Legal Positivism

iii. Judicial (Legal) Realism

3. A Note on Quebec Law

4. Introduction to Criminal Law

a) Supernatural Theories of Crime

b) Biological Theories of Crime

i. Lombroso’s Theory of Atavism

5. Conclusion

Readings: Chapter 1, The Roots of the Law in Canada

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3. September 20th

, September 22nd

2011

Law, Ethics and Professional Responsibility

These lectures examine the role of lawyers in modern Canadian society. It focuses on how to

become a lawyer, the ethical responsibilities of lawyers to their clients and others, and a

discussion of the role of judges, Crown attorneys, and expert witnesses.

1. Learning Objectives

2. The Role of the Parties in the Canadian Justice System

a) The Legal Profession

b) The Law Society

3. Role of Lawyers

a) What is the Public Perception of Lawyers

b) Legal Aid and Pro Bono Work

c) Becoming a Lawyer

4. Rules of Professional Conduct

a) Relationship to the Administration of Justice

b) Relationship to Other Lawyers and the Court

c) Lawyer’s Responsibility to Clients

5. Discipline

a) Disbarment

6. Judges

a) Who is Eligible to be Appointed a Judge?

b) Investigation

Readings: Chapter 5 The Courts

4. September 27th

, September 29th

and October 4th

2011

Civil Litigation

The civil litigation portion of the class discusses the origin of the common law system and

introduces students to legal history, theory, and basic legal concepts. The various levels of court

hearings and statutory interpretation are also discussed as is the process of decision making by

judges. The chapter goes on to discuss the stages in a contested action from pleadings to

enforcement.

1. Introduction

2. Legal Theory

3. Hierarchy of the Courts

4. Statute Law

a) Analyzing a Statute

b) Statutory Interpretation

c) Traditional Rules of Statutory Interpretation

i. Literal Rule (Plain or Ordinary Meaning Rule)

ii. The Absurdity Rule (Golden Rule)

iii. The Mischief or Purposive Analysis Rule

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iv. The Contextual Analysis Rule

v. The Plausible Meaning Rule

vi. The Modern Rule of Interpretation

5. Case Law

a) Stare Decisis, Ratio Decidendi, and Obiter Dicta

b) Law Reports

c) What does a case look like?

d) Format of a Written Case

e) The Case Brief

6. The Role of Legislation and Case Law in a Judicial Decision - Summary

7. Civil Litigation and the Trial Process

a) Introduction

b) Pleadings

c) Discovery

d) Pre-Trial Procedures and Conferences

e) The Trial

f) Civil Juries

g) Technology of the Future?

h) Damages and Remedies

i) Costs

j) Small Claims Court

k) Appeals

l) Enforcement

8. Court of Equity

Readings: Chapter 1 - The Roots of the Law in Canada

Chapter 2 - Sources of Canadian Law

Chapter 5 - The Courts (p. 90-111)

5. October 6th

and October 11th

, October 13th

, October 18th

, 2011

Tort Law

This section discusses basic principles of tort law including definitional issues, intentional torts,

negligence, and common defences to tort actions. Ethical issues, enforcement, and the abuse of

tort laws are discussed with the aid of case examples.

1. Definition of a Tort

a) Basic Principles

b) Difference Crime and Tort

2. Categories of Liability in Tort

a) Negligence

b) Conditions for Torts to be Successful

i. Duty of Care

ii. Standard of Care

iii. Injury and Causation

iv. Contributory Negligence

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v. Damages

vi. Putting it All Together

3. Intentional Torts

a) Trespass to Another – Battery

b) Trespass to Another – Assault

c) Intentional Infliction of Nervous Shock

d) False Imprisonment

4. Unique Torts

a) Nuisance

b) Defamation

5. Special Categories of Tort

a) Strict Liability

b) Vicarious Liability

c) Occupiers’ Liability

6. Defences to Torts

a) Consent and Voluntary Assumption of Risk

b) Illegality – Ex turpi Causa Non Oritur Actio

c) Voluntary Assumption of Risk – Defence to Negligence

7. Damages

a) Joint Tortfeasors and Multiple Tortfeasors

Midterm Questions – bring final questions to class

Readings: Chapter 8 – Torts

October 20th

, 2011 – MIDTERM EXAMINATION - IN CLASS – 1 hour 15

mins.

6. October 25th

, October 27th

and November 1st, November 3

rd, 2011

Contract Law

This unit deals with contract law including the definition of a contract, basic principles of

contract law, different types of contracts, capacity and discharge of a contract, and legal

remedies.

1. Introduction to Contract Law

2. Basic Principles of Contract Law

3. Definition of Contract

a) Bilateral Contacts

b) Unilateral Contracts

c) Written Contracts

4. Ingredients to a Contract

a) Consensus

i. Offer

ii. Acceptance

iii. Communication

b) Consideration

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c) Intention

5. Capacity

a) Minors

b) Mental disorder

c) Intoxication

6. Consent

a) Mistake

b) Misrepresentations

c) Undue Influence

d) Duress

7. Issues Affecting the Contractual Relationship

a) Exclusion Clauses

b) Privity

8. Discharging the Contract

a) Performance

b) Agreement

c) Frustration

d) Breach

9. Remedies

a) Rescission

b) Damages

c) Quantum Meruit

d) Specific Performance

e) Injunction

10. Emerging Issues in Contract

Readings: Chapter 10 - Contract Law

Assignment due November 8th

, 2011

7. November 8th

, November 10th

, and November 15th

2011

Administrative Law & Alternative Dispute Resolution

This section discusses administrative law, regulatory offences, the role of administrative

tribunals, burdens of proof, and mechanisms for alternative dispute resolution including

negotiation, mediation and arbitration.

1. Introduction

a) Fairness and the Rules of Natural Justice

b) Differences Between a Tribunal and a Court

c) Advantages and Disadvantages of the Administrative System

i. Pros of the Administrative System

ii. Cons of the Administrative System

d) Abuse of Discretion

e) Bias

f) Other Issues in Administrative Law

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2. Appeal

3. Judicial Review

4. Remedies

a) Quashing a Decision of a Tribunal

b) Prohibition – Prohibiting a Tribunal from Acting

c) Mandamus – Force an Official to Act

d) Certiorari

e) Habeas Corpus

f) Declaratory Judgment

g) Damages

5. Administrative Law Conclusion

6. Alternative Dispute Resolution

7. Negotiation

a) The Advantages of Negotiation

b) The Disadvantages of Negotiation

8. Mediation

a) The Advantages of Mediation

b) The Disadvantages of Mediation

8. Arbitration

a) What Does an Arbitration Clause Look Like?

b) The Advantages of Arbitration

c) The Disadvantages of Arbitration

9. Adjudication

a) The Advantages of Adjudication

b) The Disadvantages of Adjudication

Readings: Chapter 6 – Alternative Dispute Resolution

Assignment due November 9, 2011

8. November 17th

, November 22nd

and November 24th

2011

Family Law

This unit discusses how changing values, conceptions of marriage, and gender roles have

contributed to a major revolution in social policies and laws dealing with marriage and divorce in

Canada and other countries.

1. Learning Objectives

2. Families in Canada

3. Defining Marriage

4. Federal and Provincial Powers

5. Courts in Family Law

6. Engagements

a) What Happens to the Ring?

7. Marriage

a) Capacity to Marry

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b) Consent

c) Prohibited Degrees

d) Non-Consummation

e) Prior Marriage

f) Bigamy & Polygamy

g) Age

h) Non-Compliance with Formalities

i) Change of Name

j) Domestic Contracts - Marriage Contracts & Cohabitation Agreements

8. Common Law Marriages

9. Same Sex Marriages

10. Separation

a) Separation Agreements

11. Divorce

a) History

b) Grounds for Divorce

c) Reconciliation

d) Adultery

e) Cruelty

f) Condonation & Connivance

g) Procedures for Obtaining a Divorce

12. Annulments

13. Division of Property after Divorce

a) Matrimonial Home

14. Spousal Support

a) Support under the Family Law Act

b) Re-Opening Support Awards

c) Support Obligations Enforcement

d) Remarriage and Support

15. Child Support

a) What about Sperm Donors?

b) How Many Parents Can you Have?

16. Child Custody

Readings: Chapter 9 – Family Law (201-217)

9. November 29th

2011

When the Law Goes Wrong

This final section deals with selected problems in the development, implementation, and

enforcement of the law.

1. When Lawyers go Wrong

2. When Judges go Wrong

3. When the Police go Wrong

4. When Experts Go Wrong

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5. The Misuse of Technology?

6. Misuse of the Charter?

7. Legal Oddities

Review and Wrap-Up

Final Test – December 1st, 2011 in class

Case Brief Assignment

Due Date: November 8th

, 2011

Length: 7 pages typed double-spaced. Will accept 2-4 lines over 7 pages,

but any more than this will be returned ungraded. Papers under 6

pages will be penalized. Cover page does not count as 1 page.

Margins: 2.54 cm margins top, bottom, left and right

Font: Times New Roman, 12 font

If you do not follow these requirements, your paper will be returned unmarked. See details

below.

Case Brief Assignment

Reported cases are one of the primary sources of law, and analyzing cases through a case brief is

an essential skill for those wishing to understand the law. A case brief is a shortened version of a

case which identifies all of the essential elements that need to be analyzed. Briefing a case also

allows one to understand the reasoning of the case, and this is something that lawyers and others

in the legal profession are regularly called on to do.

Students will have a choice of 4-5 Supreme Court of Canada cases. Students must select ONE of

these cases to brief, and each TA will be designated to a particular case.

Students are NOT to try to find a summary of the case on the internet and submit this as their

own work. An example brief will be completed in class, and the assignment will be given in

class with a short time frame to complete the brief. The TAs will be reading information on the

internet to ensure that your work is your own. If there is any plagiarism the brief will be given

back unmarked, and the student will receive a mark of zero, and this academic offence will be

reported to the Associate Dean.

A case brief outline will be given out when the brief is assigned. Write a case brief (7 typed

pages double spaced, 2.54 cm margins, & size 12 font) on ONE of the assigned Supreme Court

of Canada cases. You may not pick your own case outside of those assigned.

The brief should be clear, precise, detailed, thorough, well written and well organized. Read and

reread your brief and edit several times before submission. Keep in mind that the reader can

only understand what you have written and not what you intend. Write and edit your assignment

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with the reader in mind. Keep in mind that you are describing and analyzing the case. Do not

get caught up in the details of the case.

This is not a position paper and you should exclude your own value biases and opinions

EXCEPT in the commentary section. This is an academic assignment and you are required to

submit a brief that is scholarly, follows the requirements, and is well written.

Technical Requirements and Citations

All legal statutes referred to must be written in italics. All case names must also be in italics.

After the first instance, R. v. Chapman, you can refer to the case by one name, eg., Chapman.

Latin terms must also be in italics.

The assignment should be well written and well organized. Please do not write over the 7 page

limit. Please do not attempt to overcome length restrictions by handing in an assignment without

paragraphs, with less than double spacing, by using small/large font, or by condensing your

margins etc. Briefs that do not conform to these instructions will returned ungraded and the

student will receive a mark of zero. All rewrites are subject to penalties.

The cover page does not count towards the seven page limit. Number each page (NOT the title

page), staple the pages together, and please do not use plastic binders. The cover page must have

your name, I.D., title of the assignment, course title and number, date, and the name of the

instructor. DO NOT NUMBER YOUR COVER PAGE. Do not put the title of your paper on

the first page of the assignment. Leave the title on the title page only. The first page of your

assignment is page 1.

Citations that refer the reader to the original case are required. Do not use footnotes but instead,

refer to your sources by the case name and paragraph number(s) e.g., (Chapman, para. 37). The

reader should be able to see where quotations were taken from in the case. Both paraphrasing

and direct quotes may be used, but the student must fully document their work with citations.

Make sure that quotations are not strung together; use your own words and use direct quotations

sparingly.

DO NOT put quotations into italic text. If you are quoting a passage that is more than 4 lines in

length, you must indent BOTH sides of the text and single space. This is a block quote.

A bibliography is not required because the only source is the Supreme Court of Canada case

assigned.

My TAs and I are happy to help with the case brief, but we will not review substantive

elements of the assignment within 3 days of the due date. Start your assignment early. If

you do submit your paper late, the assignment will be returned with a final mark and

without comments. You may contact proctors for general advice, but they are not to edit

your work. Only TAs will mark your work and will give advice, but it is not their job to

edit your paper.

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UW/St. Jerome’s University Policy

Academic Integrity: In order to maintain a culture of academic integrity, members of the

University of Waterloo are expected to promote honesty, trust, fairness, respect and

responsibility. [Check http://www.uwaterloo.ca/academicintegrity/ for more information.]

Discipline: A student is expected to know what constitutes academic integrity, to avoid

committing academic offences, and to take responsibility for his/her actions. A student who is

unsure whether an action constitutes an offence, or who needs help in learning how to avoid

offences (e.g., plagiarism, cheating) or about “rules” for group work/collaboration should seek

guidance from the course professor, academic advisor, or the Undergraduate Associate Dean.

When misconduct has been found to have occurred, disciplinary penalties will be imposed under

Policy 71 – Student Discipline. For information on categories of offenses and types of penalties,

students should refer to Policy 71 - Student Discipline,

http://www.adm.uwaterloo.ca/infosec/Policies/policy71.htm. For typical penalties check Guidelines for the

Assessment of Penalties, http://www.adm.uwaterloo.ca/infosec/guidelines/penaltyguidelines.htm.

Plagiarism

The Faculty of Arts defines plagiarism in the following way:

According to the University's Policy 71 (Student Discipline), plagiarism is defined as "...the act

of presenting the ideas, words, or other intellectual property of another as one's own. The use of

other people's work must be properly acknowledged and referenced in all written material....Use

of [source material] without complete and unambiguous acknowledgement...is an offence under

this policy."

It is vital for students to understand that plagiarism can occur inadvertently, but that it still

constitutes an academic offence, whether intentional or not. It is therefore extremely important

for students to understand how to carry out research and provide citations in an appropriate

manner.

It is also very important to understand that plagiarism is not an offence limited to the world of

academia. Theft of intellectual property and violation of copyright are offences in the "real

world" too, offences that can and do result in lawsuits.

Categories of Written Offences other than Plagiarism (see University of Waterloo website)

Submission of work not written and prepared by you, including (but not limited to):

Copying or stealing the work of another student

Paying for the creation of work by a commercial service or by an acquaintance to be

submitted by you

Acceptance of such service for free

Purchasing already existing written work

Using an assignment for submission by you which was found on one of the free Internet

assignment sites

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Writing a paper for course submission by another student

Excessive unauthorized collaboration with another student(s)

Submitting the same paper to more than one course without the permission of all

instructors

Types and varieties of plagiarism include (but are not necessarily limited to) the following:

Word-for-word use of part or all of any written work (print or electronic) without quotation

marks and/or without citation of the source (footnotes, endnotes, or parenthetic citations)

and/or without a complete bibliography.

Word-for-word use of text spans (phrases, sentences, paragraphs, longer segments) patched

together from two or more sources without quotation marks and/or without citation of the

source and/or without a complete bibliography.

Word-for-word use of primary source materials without quotation marks and/or without

citation of the source and/or without a complete bibliography.

Word-for-word use of source materials with some text enclosed by quotation marks and

provided with citations, but with other text not identified as quoted, and/or not cited,

and/or without a complete bibliography.

Combination of word-for-word use of sources with close paraphrases of source texts, with

accurate use of quotation marks and citations (note or parenthetic) to identify word-for-

word use, but without citations to identify paraphrases and summaries, and/or without a

complete bibliography.

Completely paraphrased material without complete citations and/or without a complete

bibliography.

Giving a citation for only the first or last sentence in a paragraph, even though the rest of

the paragraph also contains material in need of direct attribution.

In general: A complete and accurate bibliography constitutes only one part of the fulfillment of

the requirement for complete and unambiguous acknowledgement of sources. A very large

proportion of plagiarized papers do have perfectly or nearly adequate bibliographies. If the

paper's reader has to go to (or hunt for), and has to look directly at, the text of the source in order

to identify where the student's own thoughts and words end and the source's thoughts and words

begin, then the paper is plagiarized.

If the writer of the paper does not include utterly explicit, direct, and complete indications of

where the writer ends and the source begins ( through accurate citations in notes or parentheses

and through quotation marks wherever called for), then the paper is plagiarized. If the

footnotes/endnotes/parenthetic citations do not fully clarify the nature and the extent of the use of

the source material, then the paper is plagiarized.

Commonly heard but unacceptable defenses of plagiarism

"As an undergraduate student, I am just starting to learn about a particular subject. I

wouldn't necessarily know enough about it to come up with original ideas, so I copied

everything from books and web sites. How is that plagiarism?"

Plagiarism doesn't lie in the use of other people's words and ideas per se; it lies in not

acknowledging your use of them appropriately.

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"If I'm working with source material which was specified and required by the assignment,

or was written by the course professor, I don't have to give citations/use quotation marks.

The professor already knows what the source material is."

No. The professor's knowledge in no way eliminates the student's responsibilities towards the

source material.

"I took this material from the course text - it doesn't need to be cited the way you have to

cite other sources."

No. All works must be appropriately acknowledged, no matter where they come from.

"I've included a bibliography. That covers me, and I haven't committed plagiarism. I'm

not required to do anything more than that. If for some reason the professor really wants

to know how I used my sources, then s/he can use my bibliography entries to check things

out."

No. The student's responsibilities toward the source material have not been fulfilled unless, in

addition to the List of Works Cited (bibliography), s/he has also provided entirely complete

attributions (citations and, where needed, quotation marks) of each and every quotation,

paraphrase, summary, and allusion to words, ideas, thoughts, and other intellectual property of

all sources.

"The paper I presented was just a preliminary draft, so it didn't need to include any source

information or footnotes. That's not necessary until the final draft."

Incorrect. No matter what the stage of preparation, the work which you submit or present must

provide a faithful record of all source usage.

"The assignment asked for an entertaining presentation. If it's supposed to be entertaining,

then it's not serious, and if it's not serious, it doesn't need to have source information

included."

Wrong. Comedy constitutes intellectual property too. All ideas, thoughts, and intellectual

properties of other people are equally covered by the requirements of responsible source usage.

If you find a joke web site and use its material in your course assignment, you must give

adequate citation to the web site.

"The charts/statistics/images I put in my paper aren't covered by rules of copyright - the

only stuff I need to give citations for is written material."

Wrong. Whatever the type of research material you use in an assignment, you are responsible for

its appropriate citation (see further below).

"I don't have to give citations if I'm using entirely my own words to summarize or to

paraphrase points made by the source."

Incorrect. It is not merely the specific words of the source which demand responsible citation.

The ideas and thoughts - the intellectual property in general - of the source also, and equally,

demand responsible citation.

"I gave every citation that was called for - my paper is full of footnotes. I don't need

quotation marks."

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Wrong. Whenever you use the direct words and phrases employed by the source author, you

have to give recognition to this with quotation marks. Otherwise, you may not be committing

theft of ideas, but you are committing theft of expression.

"My friend who typed/did the inputting of the paper for me forgot to include the quotation

marks and/or footnotes. This isn't plagiarism because I'm not responsible for my friend's

errors."

Sorry. The person who submits the work bears direct responsibility for it in all of its aspects.

"When I write my papers, I put in all the source materials first, and then I go back over the

paper and add the citations and put in the quotation marks and/or put the passages into

my own words. I just forgot to do that this time/I just missed a few passages/I accidentally

submitted a preliminary draft that I hadn't added the citations to - I shouldn't be blamed

for that."

Wrong. Not only do you bear the responsibility for whatever you submit - in whatever stage of

preparation - you are also using a very dangerous methodology, since you always run the risk of

missing one or more passages that should have citations. Always enter the citation/quotation

marks as soon as you enter the passage in your paper.

"I found one of the sources I used on a web site. There was no author listed, so I don't need

to give a citation; and anyway, I don't know how to cite web material."

Wrong. No matter what kind of source you use, where it comes from, or whatever difficulty you

may encounter in finding full information about it, you must give appropriate recognition to it.

There are style guides available to give you guidance in citing web material.

"I've lost some/all of my research notes for the paper, so I can't say where everything

comes from; but I haven't committed plagiarism because all the stuff was there in my

research notes."

Sorry. The source information must be in the paper and must be submitted with the paper.

"I copied some material from a source into the page margins of the course textbook. Then I

forgot that it came from a source. After that I put it into something I submitted for the

course. I didn't really mean to be misleading."

Sorry. Careless study habits and practices can get you into trouble. You do bear responsibility for

what you write and what you submit.

"I can't be guilty of plagiarism, because this is the way I've always written my papers, in

high school and/or in my other university courses, and no one ever told me there was

anything wrong with it."

Sorry. The fact that earlier instructors failed to detect or correct what you were doing doesn't

mean that it wasn't/isn't plagiarism.

"This can't be counted as plagiarism because I didn't have an intention to be

dishonest/because I didn't know it was plagiarism."

Sorry. The mistake is there, whether or not there was an actual intention to deceive. When

relevant, however, the issue of levels of intent may be taken into account in the rendering of a

disciplinary decision.

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"This can't be plagiarism because I know I'm not the type to do that/I didn't pay any

attention to what the instructor or course outline said about plagiarism because I didn't

need to since I knew that it didn't apply to me/you can't penalize me for plagiarism because

I'm just not that type of person."

Sorry. Everyone is capable of making mistakes. No one is immune. Very good people do make

mistakes. In nearly every instance, however, a UW undergraduate student who commits a first

academic offence is granted the opportunity of a second chance. Most students who commit a

first offence never commit another one. You learn from the mistake, and then you go on. A very

large proportion of undergraduate students who have had disciplinary judgments do later attain

honourable graduation from UW.

Grievance: A student who believes that a decision affecting some aspect of his/her university

life has been unfair or unreasonable may have grounds for initiating a grievance. Read Policy 70

- Student Petitions and Grievances, Section 4, http://www.adm.uwaterloo.ca/infosec/Policies/policy70.htm.

When in doubt please be certain to contact the department’s administrative assistant who will

provide further assistance.

Appeals: A student may appeal the finding and/or penalty in a decision made under Policy 70 -

Student Petitions and Grievances (other than regarding a petition) or Policy 71 - Student

Discipline if a ground for an appeal can be established. Read Policy 72 - Student Appeals,

http://www.adm.uwaterloo.ca/infosec/Policies/policy72.htm.

Academic Integrity website (Arts): http://arts.uwaterloo.ca/arts/ugrad/academic_responsibility.html

Academic Integrity Office (UW): http://uwaterloo.ca/academicintegrity/

Accommodation for Students with Disabilities:

Note for students with disabilities: The Office for Persons with Disabilities (OPD), located in

Needles Hall, Room 1132, collaborates with all academic departments to arrange appropriate

accommodations for students with disabilities without compromising the academic integrity of

the curriculum. If you require academic accommodations to lessen the impact of your disability,

please register with the OPD at the beginning of each academic term.

Turnitin (Plagiarism Detection Software): This plagiarism detection software is available for

courses on UW‐ACE. Instructors who will be using Turnitin must apprise students that Turnitin

will be used in the course.

Plagiarism detection software (Turnitin) will be used to screen assignments in this course. This

is being done to verify that use of all material and sources in assignments is documented. In the

first lecture of the term, details will be provided about the arrangements for the use of Turnitin in

this course. For complete guidelines for instructors and other documentation on the use of

Turnitin please visit: http://ist.uwaterloo.ca/cs/Turnitin/

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Cross-listed course: Please note that a cross-listed course will count in all respective averages

no matter under which rubric it has been taken. For example, a PHIL/PSCI cross-list will count

in a Philosophy major average, even if the course was taken under the Political Science rubric.

POLICY REGARDING ILLNESS AND MISSED TESTS

The University of Waterloo Examination Regulations (www.registrar.uwaterloo.ca/exams/ExamRegs.pdf) state that:

A medical certificate presented in support of an official petition for relief from normal academic requirements must provide all of the information requested on the “University of Waterloo Verification of Illness” form or it will not be accepted. This form can be obtained from Health Services or at www.healthservices.uwaterloo.ca/Health_Services/verification.html.

If a student has a test/examination deferred with medical evidence, he/she normally will write

the test/examination at a mutually convenient time, to be determined by the course instructor.

If a student misses an exam you must contact the instructor within 8 hours of the exam to

let me know that you have an acceptable medical reason for missing the test, or you will

not be able to re-write.

If a re-write is scheduled and you do not attend, you will not be given another chance.

A student must also advise the instructor if they wish to hand in an assignment late.

Penalties will be given to the assignment at a rate of 5% per business day.

Please advise if you intent to hand in an assignment late.

The University acknowledges that, because of the pluralistic nature of the University

community, some students may on religious grounds require alternative times to write tests

and examinations.

Elective arrangements (such as travel plans) are not considered acceptable grounds for

granting an alternative examination time.

Please note that you are to maintain integrity in your work. Any questionable research

methods or unethical collection of information will result in an automatic failing grade and

will be referred to the Associate Dean for investigation.

Unclaimed Assignments

Unclaimed assignments will be retained for one year. After that time, they will be destroyed in

compliance with UW’s confidential shredding procedures.