Post removed...

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
GreenEggs

Gold
Posts: 3593
Joined: Fri Oct 03, 2014 11:55 pm

Where's the Line on Plagiarism When Quoting A See Cite?

Postby GreenEggs » Mon Aug 28, 2017 12:18 am

There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?
Last edited by GreenEggs on Fri Jan 26, 2018 8:31 pm, edited 1 time in total.

User avatar
RCSOB657

Gold
Posts: 3310
Joined: Wed Jun 18, 2014 2:50 am

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby RCSOB657 » Mon Aug 28, 2017 7:45 am

1.6c might help according to this Gtown prompt

Full cites within cites.

Then again, might not help


Often, you want to indicate that a particular case or authority either is quoted in or quotes
another authority. If you use “quoted in,” the phrase follows the cite, is separated from it by a
comma, and is underlined (memo) or italicized (law review): Doe v. Johnson, 1111 F.3d 111
(14th Cir. 2001), quoted in Smith v. Roe, 1112 F.3d 222 (14th Cir. 2002). If, however, you use
“quoting,” the phrase is used in a parenthetical in plain type, i.e., not underlined or italicized:
Smith v. Roe, 1112 F.3d 222 (14th Cir. 2002) (quoting Doe v. Johnson, 1111 F.3d 111 (14th Cir.
2001)).

Nebby

Diamond
Posts: 31199
Joined: Sat Feb 01, 2014 12:23 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby Nebby » Mon Aug 28, 2017 7:50 am

Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?

GreenEggs

Gold
Posts: 3593
Joined: Fri Oct 03, 2014 11:55 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby GreenEggs » Mon Aug 28, 2017 8:52 am

Nebby wrote:
Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?


No case x is in another circuit, 5th, which takes a unique position and the only other circuit taking that position is the 11th, case y, and the 11th case is what I want to see cite...
Last edited by GreenEggs on Fri Jan 26, 2018 8:31 pm, edited 1 time in total.

Nebby

Diamond
Posts: 31199
Joined: Sat Feb 01, 2014 12:23 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby Nebby » Mon Aug 28, 2017 9:21 am

Kummel wrote:
Nebby wrote:
Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?


No case x is in another circuit, 5th, which takes a unique position and the only other circuit taking that position is the 11th, case y, and the 11th case is what I want to see cite...

What circuit is your motion in?

GreenEggs

Gold
Posts: 3593
Joined: Fri Oct 03, 2014 11:55 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby GreenEggs » Mon Aug 28, 2017 9:37 am

Nebby wrote:
Kummel wrote:
Nebby wrote:
Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?


No case x is in another circuit, 5th, which takes a unique position and the only other circuit taking that position is the 11th, case y, and the 11th case is what I want to see cite...

What circuit is your motion in?


Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuits
Last edited by GreenEggs on Fri Jan 26, 2018 8:31 pm, edited 1 time in total.

gregfootball2001

Bronze
Posts: 394
Joined: Tue Oct 25, 2011 8:35 am

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby gregfootball2001 » Mon Aug 28, 2017 11:27 am

I don't see this as plagiarism. So I understand correctly, you want to cite to case X. You want to do so by quoting case X directly. Other cases (at the least, case Y) have also cited to case X, and have cited the same quote. This isn't plagiarism, it's just multiple people citing to the same useful quote. Frankly, if the quote is that useful, other cases have likely cited to it too. If case Y didn't use a quote, if it had just summarized case X, that'd be different. But merely repeating Albert v. Benny, 12 F. 3d 456 (3rd Cir. 2000) ("This is a totally useful quote!") ? Not plagiarism.

Nebby

Diamond
Posts: 31199
Joined: Sat Feb 01, 2014 12:23 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby Nebby » Mon Aug 28, 2017 11:42 am

Kummel wrote:
Nebby wrote:
Kummel wrote:
Nebby wrote:
Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?


No case x is in another circuit, 5th, which takes a unique position and the only other circuit taking that position is the 11th, case y, and the 11th case is what I want to see cite...

What circuit is your motion in?


Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuits

I would cite it like

"Sentence you want to quote." Case X, XXX F.xd XXX, XXX (5th Cir. XXXX) (quoting case Y, YYY F.yd YYY, YYY (11th Cir. YYYY).

User avatar
rpupkin

Platinum
Posts: 5658
Joined: Mon Dec 09, 2013 10:32 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby rpupkin » Mon Aug 28, 2017 11:53 am

Kummel wrote:
Nebby wrote:
Kummel wrote:
Nebby wrote:
Kummel wrote:There's a case I'm using, case X, for a motion and in case X it has a See cite, See case Y ("quote from case Y"). The See cite is a pure quote from case Y and is exactly the quote I want, but when the judge goes to read case X, he will see that exact See cite of case Y. Do I need to quote case X to take the see cite?

Are both case x and y the same court? I.e., same circuit/appellate division?


No case x is in another circuit, 5th, which takes a unique position and the only other circuit taking that position is the 11th, case y, and the 11th case is what I want to see cite...

What circuit is your motion in?


Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuits

There's no plagiarism issue here. Just write something like:

The X position has been adopted by two other circuits. See DaRascal v Mods, 42 F.3d 321, 324 (11th Cir. 2005) ("[QUOTE]"); Rpupkin v Mods, 111 F.3d 442 (5th Cir. 2008) (citing and quoting DaRascal, 42 F.3d at 324).

I'm a little confused from your description about which case came first. Obviously swap the above if the 5th circuit case came first and the 11th circuit case quotes it.

User avatar
rpupkin

Platinum
Posts: 5658
Joined: Mon Dec 09, 2013 10:32 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby rpupkin » Mon Aug 28, 2017 11:59 am

Nebby wrote:I would cite it like

"Sentence you want to quote." Case X, XXX F.xd XXX, XXX (5th Cir. XXXX) (quoting case Y, YYY F.yd YYY, YYY (11th Cir. YYYY).

This works too. But if you're trying to make the point that two other circuits have adopted the rule, I'd cite them as I suggested in the previous post.

Nebby

Diamond
Posts: 31199
Joined: Sat Feb 01, 2014 12:23 pm

Re: Where's the Line on Plagiarism When Quoting A See Cite?

Postby Nebby » Mon Aug 28, 2017 1:48 pm

rpupkin wrote:
Nebby wrote:I would cite it like

"Sentence you want to quote." Case X, XXX F.xd XXX, XXX (5th Cir. XXXX) (quoting case Y, YYY F.yd YYY, YYY (11th Cir. YYYY).

This works too. But if you're trying to make the point that two other circuits have adopted the rule, I'd cite them as I suggested in the previous post.

Same.

GreenEggs

Gold
Posts: 3593
Joined: Fri Oct 03, 2014 11:55 pm

Post removed...

Postby GreenEggs » Mon Aug 28, 2017 3:27 pm

Post removed...



Return to “Forum for Law School Students?

Who is online

Users browsing this forum: No registered users and 15 guests