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Where's the Line on Plagiarism When Quoting A See Cite?
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.
- RCSOB657
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
1.6c might help according to this Gtown prompt
Full cites within cites.
Then again, might not help
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)).
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
Are both case x and y the same court? I.e., same circuit/appellate division?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?
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
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...Nebby wrote:Are both case x and y the same court? I.e., same circuit/appellate division?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?
Last edited by GreenEggs on Fri Jan 26, 2018 8:31 pm, edited 1 time in total.
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
What circuit is your motion in?Kummel wrote: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...Nebby wrote:Are both case x and y the same court? I.e., same circuit/appellate division?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?
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuitsNebby wrote:What circuit is your motion in?Kummel wrote: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...Nebby wrote:Are both case x and y the same court? I.e., same circuit/appellate division?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?
Last edited by GreenEggs on Fri Jan 26, 2018 8:31 pm, edited 1 time in total.
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
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.
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
I would cite it likeKummel wrote:Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuitsNebby wrote:What circuit is your motion in?Kummel wrote: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...Nebby wrote:Are both case x and y the same court? I.e., same circuit/appellate division?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?
"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).
- rpupkin
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
There's no plagiarism issue here. Just write something like:Kummel wrote:Third. Basically trying to say this has yet to be addressed in the third and then want to cite these other circuitsNebby wrote:What circuit is your motion in?Kummel wrote: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...Nebby wrote:Are both case x and y the same court? I.e., same circuit/appellate division?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?
The X position has been adopted by two other circuits. See DaRascal v Mods, 42 F.3d 321, 324 (11th Cir. 2005) ("
"); 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.
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
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 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).
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Re: Where's the Line on Plagiarism When Quoting A See Cite?
Same.rpupkin wrote: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 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).
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