Using OSCOLA - FAQ

1. When and where should I use footnotes?

2. Are footnotes included in the word count?

3. Should I reference lecture notes?

4. Where do I find the details needed in a bibliography?

5. When should I use italics?

6. When do I indicate the court in a case citation?

7. When the title of a source uses capitals, should I use all capitals in my bibliography?

8. What do I do if a publication doesn't have page numbers?

9. What if more than one place of publication is listed?

10. Where should I put details about edition in a reference to a chapter in an edited book?

11. I've used two chapters from an edited book. Should I reference the whole book in my bibliography as well as the chapters?

12. I've got two items by the same author published in different years in my bibliography. Should I list the earliest or the latest work first?

13. What if I haven't read the original source?

14. Should I number the items in my bibliography?

15. How do I type a double em dash?

16. I'm writing up my dissertation. Should I separate my sources into categories such as books, journals, newspapers, web sites?

17. Referencing in a reflective essay

18. Where would I find further guidance?


 

1. When and where should I use footnotes?   [Index]

In a legal or academic piece of work you are expected to support your arguments with relevant authoratitive sources. You should footnote both primary and secondary sources as appropriate wherever necessary. When using sources either by direct quotation or by paraphrasing they should be cited in a footnote.

A footnote is marked with a superscript number,1 which should appear after any punctution and is usually found at the end of a sentence.If a footnote relates to an item in brackets (as here3) it should appear before the closing bracket. According to OSCOLA 'a quotation need not be footnoted separately from the name of the source from which it is derived if the two appear in the same sentence.'4

1 If citing several items in a list you can cite each in a separate footnote after each comma or place a single footnote marker at the end of the sentence and include all the items in the footnote in order (chronological) separating them from each other by a semi-colon. If one is most relevant you can give it precedence and insert See also before listing the less relevant items

The full stop may be replaced by a a question mark or exclamation mark .

3 Square brackets in OSCOLA are reserved for specific uses.

Faculty of Law, University of Oxford, OSCOLA: Oxford Standard for the Citation of Legal Authorities (4th edn Oxford University 2010) 3

 

2. Are footnotes included in the word count?   [Index]

Footnotes are NOT normally included in the word count of a piece of work at Portsmouth. However, they should be used primarily to give details of sources you have referenced. If you feel it necessary to add clarification or further information you may do so but your lecturer may ignore additional information included in a footnote if they think it belongs in the main body of the text and is being used to reduce your wordcount.

 

3. Should I reference lecture notes?   [Index]

You must reference anything you use which is not your own work in order to avoid being accused of plagiarism. However, you will find that many departments at Portsmouth do not allow you to use lecture notes as the source for your essays. You should use the reading list and any slides, notes which your lecturer has given you and turn to the sources listed in these when writing your essay. If your lecturer has not indicated where they got their information, and you want to use it, ask for their source.

 

4. Where do I find the details needed in a bibliography?   [Index]

  • Keep a careful note of all sources used as you prepare your assignments.
  • Record all the details you need about a library book (including page numbers for any quotations) before you return it - someone else may have the book if you try to go back and check later.
  • Make sure you write down the source details you need on any photocopies you make or that they are properly aligned so that page numbers and headings are clearly visible.
  • Remember to print or save details of any webpage you want to refer to (your tutor may ask to see this) and record the date when you accessed the information.

Primary Sources

  • Legal databases such as Westlaw and Lexis Library will usually list a number of citations. You should use the most authoratitive citation listed preceded by ou should include any neutral citation (whicjh will start either UK or EW) if given.
  • With any abbreviation you should remove full stops used to indicate abbreviations.
  • A useful source for deciphering abbreviations is the Cardiff Index of Legal Abbreviations.

Books

  • The details needed for a book can be found on the front and back of the title page. Ignore any reprint dates; you need the date when the first, second, third edition, etc. of the book was published, according to which edition of the book you are using.
  • Make sure you locate the name of the publisher rather than the printer or typesetter. You need the name of the publisher in your bibliography.
  • The place of publication should be a town or a city, not a county or country. If in the UK, just the town or city. If in the USA, the town is unlikely to be mistaken for a place in UK, but add two letter state code if confusion could arise e.g. Cambridge MA for Harvard University Press. If more than one place of publication is listed, just choose the first one.
  • The library catalogue gives the place of publication and publisher's name, if you are in any doubt.
  • If you haven't got the book, it is probably best to try and retrace your steps. If it is an item you borrowed via the library you can look at your loan history under My Account in the library catalogue and check basic details. If it is something you read in the library check the catalogue for details. If you obtained the book from another source, www.copac.ac.uk is useful for verifying bibliographical details.

Journal articles

  • The details needed for a journal article can usually be found on pages which contain the article, but you can also check the contents list or front cover of the journal issue. Legal databases such Lexis Library and Westlaw will usually give you the orrect abbreviation for a journal tilte. Another useful source for preferred abbreviations is the Cardiff Index of Legal Abbreviations. With any abbreviation you should remove full stops used to indicate abbreviations.

Electronic sources

  • Access electronic sources again directly by retracing your steps through the relevant e-book collection, e-journal article or database.
  • It is very important that when you use general Internet sources, other than facsimiles of printed articles or books, you record at the time the full details, including the internet address (or URL).

Films/Videos/DVD

  • The details you need can be more difficult to identify, but the first resort is again to examine the original item.
  • More information on feature films can be found on IMDB (Internet Movie Database)
  • The fullest details can be found by using the combined details link for a specific film.
  • If you are tracking a specific DVD edition of a film to identify extras you may find the merchandising link useful.

Television and Radio programmes or recordings

  • The details you need can be more difficult to identify, but the first resort is again to examine the original item.
  • Television and radio channels may publish some information on their websites.
  • Tracing details of these after the broadcast can be difficult. The best source of information is TRILT (Television and Radio Index for Learning and Teaching) which gives details of television and radio programmes schedules from 2001 onwards for over 330 different channels plus a substantial selection of terrestrial television programmes back to 1995. However, this may not give you responsibility data.
  • A general web search with what details you do have, may help track down a source for details.

 

5. When should I use italics?   [Index]

Italics are used for the titles of of cases in text and in footnotes, but not in case tables or lists in bibliographies.

Italics are always used for the titles of books and similar publications (ie those with ISBNs) in text, footnotes, and bibliographies.

Italics are used for journal titles and serial publications e.g law report series (ie those with ISSNs) if they are written in full in text, fotnotes, and bibliographies but not if they are abbreviated.

Italics are used for titles of overarching websites e.g blog titles, company websites but not for individual webpages.

Italics are used for foreign words or phrases in text.

Italics are not used for titles of statutes, statutory instruments, less formal publications with no commercial publisher or ISBN, or for individual web pages.  In the latter two cases, the title is indicated by enclosing it in single quotation marks.

 

6. When do I indicate the court in a case citation?   [Index]

Citations of cases decided before 1865 do not require the court, and nor do citations of cases with a neutral citation but where the main citation of the case does not make the court clear you should indicate the court in the citation.

In the footnote the court would appaer between the first page of the law report and the pinpoint in round brackets

Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435 (HL) 436.

In the case list in the bibliography it would appear at the end of the citation after the first page.

Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435 (HL)

 

7. When the title of a source uses capitals, should I use all capitals in my bibliography?   [Index]

Capitalise significant words in the title, as on the title page of the original. It is particularly important to rember to capitalise all the significant words in the titles of legislation.

 

8. What do I do if a publication doesn't have page numbers?   [Index]

Wherever possible use any alternative internal indexing such as

Paragraph/s   para 23 or [23] / paras 3-5 or [3-5]
Part/s   pt 2 / pts 2-4
Regulation/s   Reg 1 / regs 4-7
Schedule   Sch 1
Section/s   S 6 / ss 8-10
Sub-section/s   Sub-s 3 / sub-ss 10-12
Supplement/s   Supp 5 / supps 7-9

These are often more precise and are frequently referred to as pinpoint references.

 

9. What if more than one place of publication is listed?   [Index]

If several are given, choose the first.

 

10. Where should I put details about edition in a reference to a chapter in an edited book?   [Index]

The edition statement goes in the bracket after the title of the book, immediately before publisher. For example:

               S Woolcock, ‘European trade policy’ in H Wallace and W Wallace (eds), Policy-making in the European Union (4th edn Oxford University Press 2000).

 Remember OSCOLA does not require you to pinpoint the pages of any chapter.

 

 

 

11. I've used two chapters from an edited book. Should I reference the whole book in my bibliography as well as the chapters?   [Index]

If you have used a couple of chapters and have referenced these chapters properly in your bibliography, there is no need for another reference to the whole book in the bibliography as well.

 

12. I've got two items by the same author published in different years in my bibliography. Should I list the earliest or the latest work first?   [Index]

List the earliest work first and susequent works in chronological order. The second and susequent works can be listed beneath the first with a double em dash instead of the author's name.

 

13. What if I haven't read the original source?   [Index]

You should always try to read any source in the original rather than someone else's interpretation and you should never cite a footnote to it from another work. However, if reading the original is not practical, you should link the journal article or book (which you have read) to that which your source (which you have not read) cites by using the word "citing". For example the footnote will look something like this (the pinpoint page at the end refers to the page you have read, not the pinpoint page in the original source:

Art. 14(1) and (2) Harvard Draft Convention on Piracy (as cited in A Petrig and R Geiss, Piracy and Armed Robbery at Sea: The Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden ()UP 2011) 140).

Quoted in WL Clay, The Prison Chaplain: A Memoir of the Reverend John Clay (London 1861) 554 (as cited in M Wiener,Reconstructing the Criminal Culture, Law and Policy in England 1830–1914 (CUP 1990) 79).

If it is a case citing another case cite the first case, followed by 'citing' and then cite the second case. For example:-

SG&R Valuation Service Co LLC v Boudrais et al [2008] EWHC 1340, [2008] IRLR 770 [22] citing Miles v Wakefield Metropolitan Borough Council [1987] AC 539.

In such cases you should make every effort to locate primary sources so they can be included in your bibliography but if the secondary citation is a secondary source you might simply list the item you have actually read.

  • Reference: Faculty of Law, University of Oxford, OSCOLA: Oxford Standard for the Citation of Legal Authorities (4th edn Oxford University 2010) 35.
  •  Suggestion re sources cited in a secondary source on this page are modelled on FAQs on the OSCOLA website (https://www.law.ox.ac.uk/oscola-faqs) but have not yet been discussed and approved by the OSCOLA editorial board.
 

 

 

14. Should I number the items in my bibliography?   [Index]

In OSCOLA you should always arrange your bibliography in separate sections for Cases, Legislation and Secondary sources. Each section should be arranged alphabetically. Cases and Legislation are arranged in alphabetical order by title. Secondary sources are organised by the author’s surname (or title where there is no author).

You do not number the items in your list.

 

15. How do I type a double em dash?   [Index]

  • Microsoft Word automatically converts two hyphens into a em-dash if you type a word after before and after. 
  • You can also add one through the selecting insert>symbol> and then choosing from the list of symbols. 
  • The em-dash can be created on the PC by holding down the ALT key and typing 0151 on the numeric keypad with Number Lock on. Only the numbers on the right hand keypad do this, not the numbers above the letters.
  • On the Mac, press Shift-Option and the minus key to make en em-dash.

 

 

 

16. I'm writing up my dissertation. Should I separate my sources into categories such as books, journals, newspapers, web sites?   [Index]

In OSCOLA you separate out the primary legal sources, i.e. cases and legislation, from all other secondary sources which are listed separately in alphabetical order by the author's surname. To compose these listings you can take the basic footnote entrries and remove their pinpoint references. Case names should have italicisation removed and be listed alphabetically by title or first significant word.

Depending on the nature of your dissertation, it may be necessary to subdivide cases and legislation by jurisdiction. 

Do not list books, journals, newspapers etc. separately unless specifically asked to do so by your marker.

 Faculty of Law, University of Oxford, OSCOLA: Oxford Standard for the Citation of Legal Authorities (4th edn Oxford University 2010) 10-12 [1.6] [1.7].

 

17. Referencing in a reflective essay   [Index]

Referencing your own coursework in a reflective essay is not covered as such in OSCOLA. The closest parallel is the citation of personal communications which are unpublished and non-recoverable, unless supplied as appendices to the document submitted.
 
When citing personal communications such as written work, feedback, emails or letters, name the author and the recipient and include the date. If you are the author or recipient of the communication, use "from or to author".
 
For example 
  •  Letter from Gordon Brown to Lady Ashton (20 November 2009)
  •  Email from Amazon.co.uk to author (16 December 2008)
  •  Written feedback on first level 1 assignment  received by author from Cheryl Buck (16 February 2016)
  •  Second level 1 assignment by author (15 April 2016)
Personal communication which is non-recoverable may be added as an appendix. Appendices can include survey results, transcripts of interviews or the text of unpublished correspondence. Give your appendix a title and if you have a large number of appendices you might also label them with a number or letter to clarify the order. A lengthy appendix may have sequenced pagination to allow pinpoint referencing. It is then possible to footnote to a precise place in the appendix.
 
This is a specific courtesy to your reader in providing adequate evidence for the subject matter of your reflection. In the case of a reflective essay you are asked to provide a list of appendices referred to in your bibliography, omitting any pinpoint reference. 
 

 

18. Where would I find further guidance?   [Index]

OSCOLA (Oxford Standard Citation of Legal Authorities)
The full official guidance on OSCOLA referencing

OSCOLA (2006) - for guidance onreferencing international sources only

OSCOLA Quick Reference Guide
Handy guide with examples of the main primary and secondary sources

OSCOLA FAQ
For sources not specifically referred to in OSCOLA 4th edition

Citing the law tutorial
A tutorial with useful self-tests for those starting with OSCOLA

Cardiff Index to Legal Abbreviations
Use this to decipher others' abbreviations or to create your own using the preferred abbreviations given here

Inserting footnotes - Please remember you are using footnotes not endnotes.

Using material from other jurisdictions - you need to follow the official guidance for citation in the country in question wherever possible the link will take you to recommended sources for a selection jurisdictions