Professional Documents
Culture Documents
Unit Nine
Unit Nine
Unit Nine
Contents
The cardinal objective of this unit is basically to acquaint students with accepted rules of legal
citation, which must be followed by a legal professional who is engaged in any legal research
work. Therefore, after studying this unit, students are expected to be capable of understanding
how books, newspapers and news magazines, judicial decisions, legislation, government
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documents and reports, unpublished reports and manuscripts, interviews, speeches, and letters
are cited.
9.1. INTRODUCTION
The discussions made so far from units six to unit eight are very important to conduct a
qualitative legal research. However, these units would be incomplete for a legal research
unless we devote a certain portion of our course to legal citation. It is with this in mind that
the unit under consideration is devoted the discussion of legal citation.
It is for this reason that this unit is devoted to the extent possible, to the serious discussions of
rules of citations regarding books, judicial decisions, Articles, newspapers, magazines,
legislation and other documents.
The basic purpose of a legal citation is to allow the reader to locate a cited source accurately
and efficiently. It is a reference to a book, article, newspaper, judicial decision, law, official
document, interview or any other source from which the writer of a research draws materials.
The particular source may contain the material discussed or quoted in the text. It may
substantiate points made in the text or, it may be used to show points contrary to those made
in the text.
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cite to authority that directly states his or her legal or factual proposition. A citation usually
appears in a footnote; that is, in a numbered note at the bottom of the page separated by a line
from the text.
Citations should contain enough information to indicate clearly to readers in Ethiopia and
elsewhere what work is referred to, and where it can be contained. The information required
to satisfy this goal may be more detailed in Ethiopia than in other countries. Reference will
often be made to foreign materials and many of our readers may lack technical training or
may have been educated in countries with different scholarly traditions. Therefore,
abbreviations should only be used when their meaning will be clear to a wide range of
readers. For our purpose, only those abbreviations appearing in the list of permissible
abbreviations under 9.5 may be used. The following subsections provide other rules, which
should be followed strictly.
9.3.1. Books
The first reference to book should contain the following information in the following order;
a) author's name
b) title (underlined or in italics)
c) edition number, if there has been more than one edition (in parenthesis)
d) year of publication of that edition (in parenthesis)
e) number of the volume referred to, if the work has more than one volume
f) section, article, number, page, etc, referred to, as appropriate
Examples:
C. Rhyne, Municipal Law (1957), p. 153.
D. Basu, Commentary on the Constitution of India (4th ed. 1963), Vol. 4, p. 499.
a) Author's Name: The first initial or first name of European names should precede the
family name. Ethiopian names should be spelled out in full. If the book contains
contributions by several authors, the name of the editor should be given in place of an
author, and the fact that he is the editor should be indicated in parenthesis. If reference
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is made to a specific contribution in such a work, the foot note should begin with the
author of that specific contribution, and the title of the contribution in quotation marks,
followed by the information specified above for books in general concerning the
collection. If the book has more than one author or editor, the name of all should be
given. If the name of the author or editor is unknown, the footnote should begin with
the title of the book.
It may be that a book had one author for the first edition and another author for a later edition,
but the original author's name is retained when the author of the later edition of the work does
not add to the authoritative value of the book. When, on the other hand, the later edition
involves a considerable revision from the earlier edition, and if the name of the author of the
later edition is given, we cite the author of the later edition as the author of the book (see the
first example below). If the edition cited did not involve much of a revision cite the author of
the original and omit any mention of the author of the particular edition cited. (See the 2 nd
example below).
Examples:
R. Jones, Smith's Company Law of Andorra (10th ed. 1962), p. 103
A. Smith, The Company Law of Andorra (2nd ed. 1903), p. 92
b) Title: the full title should be given without abbreviation. However, if the title is given
in a bibliography and can be shortened conveniently without creating ambiguity, a short
from may be used. A short form may also be used when there is no bibliography, if on a
page at the beginning of the paper a list is made in regular footnote form of the books that
will be cited short form, and a statement made to that effect.
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In English titles, the first letter of the first word and every important word thereafter
(including all nouns, adjectives, adverbs, and names) must be capitalized. This may not be
always the case in the case of other languages.
Examples:
R. Heuston, Salmond on the Law of Torts (12th ed. 1957), p. 290
c) Edition Number: If there has been only one edition, do not state an edition number. If
there have been several editions, identify the edition referred to by the identification used
by the publisher; this will usually be a number. Here we have to bear in mind that an
edition is different from a "reprint", "imprint" or "printing". A new edition usually
involves revisions of, or additions to, the text. Reprints, imprint and printings do not
involve revisions or additions. The original text is merely printed again.
Example
A Manual of Style (11th ed., 1949), p. 140
d) Date of Publication; Other Facts of Publication: If there has been more than one
edition, the date of publication to be given is only that of the edition cited. The date of
publication appears in parenthesis, if an edition number is cited, the date of publication
appears after the edition number within the same parenthesis being separated by comma.
In some sets of more than one volume, different volumes are published in different years.
In this case, the date of publication should be the date of publication of the volume
referred to.
If the paper being written does not contain a bibliography, the date of publication should
be preceded within the same parenthesis by the city of publication and the name of the
publisher. The name of the country, state, or province where the city is located is included
only if the city is not well known. If the book cited has more than one city of publication
or publisher, it is only necessary to give the name of one. If the paper being written
contains a bibliography, the city of publication and the name of the publisher should not
be given in the footnote.
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Examples:
K. Llewllyn, The Common Law Tradition: Deciding Appeals (Boston, Little
Brown and Company, 1960), p. 117
W. Henberg (ed.), Four Existentialist Theologians (Garden City, New York,
Doubleday and Company, 1958), p. 84
e) Number of the Volume: volume numbers should be given in Arabic numerals (that is
1, 2, 3, etc) whether or not they are given in Roman numerals (I, II, III, etc) in the book
referred to. The abbreviation of "volume" (Vol., Vols.) should be used.
Example:
M. Planiol and G. Ripert, Treatise on the Civil Law (11th ed. 1938) (Translation, Lousiana
State L. Inst. 1959), Vol. 3, pt. 1, No. 820.
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Examples:
J. Graven, "The Penal Code of the Empire of Ethiopia," J. Eth. L.
L. Vol. 1 (1964), p. 275
S. Glueck, "The Nuerberg Trial and Aggressive War," Harvard L. Rev., Vol. 59 (1945 – 46),
p. 396
Examples:
S. Chojnacki, "Short Introduction to Ethiopian Painting," J. Eth. Studies,
Studies, Vol. 2, No. 2
(1964), p. 7
If reference is made to an entire article without reference to facts or ideas stated in a specific
place in the article, it is only necessary to give the page on which the article begins.
Examples
J. Graven, "The Penal Code of the Empire of Ethiopia," J. Eth. L., Vol. 1 (1964), p. 275
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Taye Mebratu, "Coffee in the Ethiopian Economy," J. Eth. Studies,
Studies, Vol. 1 No 1 (1963), pp 47 – 49
9.3.3. Newspapers and News Magazines
Reference to an article in a newspaper or newsmagazine should contain in the following
order:
(1) Name of the newspaper or magazine (underlined),
(2) Date of the newspaper or magazine referred to;
(3) Page where the specific reference may be found;
(4) Column where the specific reference may be found, if there are more than one column
on the page.
Example:
The Ethiopian Herald,
Herald, May 20, 1965, p. 3, Col. 2
(1) Name
The name of a newspaper or magazine may be silent or ambiguous as to the place where it
comes out or is published. In this case, put the name of the city or country in parenthesis after
the newspaper or magazine, but before the date.
Example:
The Times (London), April 15, 1965, p. 10, Col. 5
Abbreviations may not be used in giving the proper name of the newspaper or news magazine
although they may be used in giving the information specified in the preceding paragraph.
Some newspapers and magazines have different editions either for different times of the day
when they come out or for different parts of the world; in this case, put the edition in
parenthesis after name of the newspaper or magazine and also after the name of the city or
country, if used.
Example:
Time (Atlantic ed.), May 5, 1965, p. 32, Col. 1
(2) Date
The full date of a newspaper or magazine must always be given.
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(3) And (4) Pages and Columns
The pages of most newspapers and newsmagazines are divided into columns. For this reason,
it is helpful to cite the specific column where the reference may be found. If the material used
as a source covers the entire page, or more than one page, only the appropriate page numbers
are necessary.
Example:
The Times (London), April 15, 1965, p. 10, Col. 5
Examples:
Belayneh Assefa V. Public Prosecutor (Federal High Ct., 1990), J. Eth. H,
H,
Vol. 75, p. 162
Lawless Case (European Ct. Human Rights, Nov 14, 1960), American J. Int. l. L.,
Vol. 56, p. 173
In the matter of the Adoption of Linda Tsehay (High Ct., Addis Ababa, 1965,
Civil Case No. 144/57) (Unpublished)
Greenwood V. United States (Sup. Ct., U.S., 1956), U.S. Sup. Ct. Rep.
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In the matter of the Estate of Setrak Auakian (High Ct., Addis Ababa, 1963), J. Eth. L
Vol. 1, p. 32, affirmed (Sup. Imp. Ct. 1963), J. Eth. L., Vol. 1, p. 26.
9.3.5. Legislation
Legislation, within the meaning of this section, includes all delegated legislation as council of
ministers regulation, ministerial directives, etc., and also includes treaties.
(a) Ethiopia
The first reference to Ethiopian legislation should contain, in the following order:
(1) Name or title of the law
(2) Date of promulgation
(3) Article, chapter, etc., of the law, as appropriate
(4) Type and number of the law
(5) The words "Neg. Gaz."
(6) Year and Number of the Negarit Gazeta where the law may be found.
Examples:
Unfair Trade Practices Decree, 1963, Art. 3, Decree No 50. Neg. Gaz.,
Gaz., Year 22, No 22.
The Establishment of the Federal Ethics and Anti-compution Commission
Proclamation, 2001, Proclamation No 235, Fed. Neg. Gaz. Year 7, No 26
Income Tax Proclamation, 2002, Neg. Gaz,
Gaz, Year 7, No 15
The Constitution of the Federal Democratic Republic of Ethiopia, 1995, Fed. Neg. Gaz
Year 1, No 1
Legislation not in Negarit Gazeta: Legislation which does not appear in the Negarit Gazeta,
Gazeta,
either because it was promulgated before 1942 or because it was not published in the Negarit
Gazeta even though promulgated after that year, should be cited in a form as close as possible
to that specified above.
Example:
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Law of Companies of 1933, Art. 10 (Unpublished, Archives, Faculty of Law,
Haileselassie I University)
Amendments: If a law has been amended, and the amendment is relevant in any way to the
part of the law cited, the words "as amended" should be placed after the regular citation.
Example:
Courts proclamation, 1962, Art. 1, Proc. No 195, Neg. Gaz., Year 22, No 7, as
amended, Courts (Amendment) proclamation, 1962, Art. 2, Proc No 203, Neg Gaz,
Gaz,
Year 22, No. 16
Example:
The Federal Government of Ethiopia, Central Statistical Office, Ethiopian Statistical
Abstract (1998), p. 27
Example
L. Church, Cases and Materials on Agency and Business Organizations (1964-65),
(Unpublished, Library, Faculty of Law, Hailesellassie I University), p. 572
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Aschalew Ashagre, The Crime of Hijacking and Trial of Hijakers Under
International Law (May 2002) (Unpublished, Library, Faculty of Law, Addis Ababa
University), p. 106
For items (1) (2) and (6), follow the rules prescribed for books in general. For item (5) if the
work is not available put the words "not available" in parenthesis where the work could
otherwise be.
Example
Interview with Ato Zimbelachew Bedilu, Kantiba of the City of Addis Ababa, May
26, 1998.
If the name of the person interviewed can't be given because the interview was confidential,
items (2) and (3) should be omitted and the word "confidential" should be put in parenthesis
after the word "interview".
Examples:
H.I.M. Hailesellassie I, Address to the Ethiopian Parliament, Nov. 2, 1958, in
Ethiopian Observer,
Observer, Apr. 1959, p. 66.
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H.E. President Girma W/Giorgis, Address to the Federal Parliament, Oct. 2, 2003,
in Ethiopian Herald,
Herald, Nov. 2003, p. 12.
Examples:
Letter from John F. Kennedy to H.I.M. Hailesselassie, Mar. 20, 1961, in H. Green
(ed.) Letters of the Presidents (1964) Vol. 3, p. 22.
Letter from Emperor Tewodros II to Queen Victoria, June 8, 1860 (Unpublished,
Library Ethiopian Studies, Addis Ababa University)
When a reference has once been made in full form prescribed in the preceding pages of this
course, later references to the same book article, report, judicial decision, etc., may be in an
abbreviated form. The abbreviated form must contain all the information necessary to achieve
the purpose of citation.
The name of an author, if a European name, may be given without first initials. The title and
facts of publication of a book, or the title of an article and the name and volume number of the
journal or magazine in which it is found may be replaced by putting, after the author's name,
the words "cited above at note ____" (giving the number of the footnote where the work is
first cited). Volume numbers (for books) and page numbers, etc., must still be given in regular
form.
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Examples:
Jones, Cited above at note 5, Vol. 2, p. 86 Later reference to the same judicial decision
should contain the name, followed by the words "cited above at note ____" (giving the
footnote where the decision is first cited)., page numbers must be given.
Examples:
Cailland V. Vayssiere, Cited above at note 32, p. 465
Later reference to the same law should contain the name and the year of the law (or, if no
name, the type of legislation and the date), followed by the words" cited above at note _____"
(giving the number of the foot note where the law is first cited). Number of sections, articles
etc., must still be given.
Example:
Unfair Trade Practices Decree, 1963, cited above at note 18, Art. 8.
Later reference to all authorities other than judicial decisions and laws are treated the same as
looks. If references to the same book, judicial decision, law, etc., follow each other without
intervening reference, the abbreviations "Ibid." or "Id." are used. "Ibid" is used when the
second reference would be exactly the same as the previous reference, i.e., same volume,
page, article section, etc. If the second reference is to a different page, etc, or if any addition
whatsoever is being made to the preceding reference, "Id." is used. When "Id." is used, page
numbers, etc., must still be given.
Examples:
5. J. Graven, "The Penal Code of the Empire of Ethiopia," J. Eth. L.,
L.,
Vol. 1 (1964), p. 275
6. Ibid.
7. C. Antieau, Cases and Materials on the Law of Municipal Corporations (4th ed.,
1964), p. 42
8. Id., p. 87
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9.5. PERMISSIBLE ABBREVIATIONS
Because our audience may come from different legal systems and because part of this
audience may lack extensive technical training, the following abbreviations may be
permissible.
B. Months
January Jan.
February Feb.
March Mar.
April Apr.
August Aug.
September Sept.
October Oct.
November Nov.
December Dec.
C. Ethiopian Codes
Civil code of Ethiopia Civ. C.
Civil procedure code of Ethiopia Civ. Pro. C.
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Commercial Code of Ethiopia Comm. C.
Maritime Code of Ethiopia Maritime C.
Penal Code of Ethiopia Pen. C.
Criminal Procedure Code of Ethiopia Crim. Pro. C.
D. Miscellaneous
Article Art.
Articles Arts.
Column Col.
Columns Cols.
Court Ct.
Decree number Decree No.
Edition, Editor ed.
Legislation legis.
Page p.
Pages pp.
Proclamation number proc. No.
Reference number Ref. No.
Supreme Sup.
Versus V.
Volume Vol.
Volumes Vols.
9.6. BIBLIOGRAPHY
Bibliographies should contain three sections: Table of Cases, Table of Laws, and other
bibliographic materials.
The table of cases should contain decisions listed according to country (or international
jurisdiction). The countries should appear in alphabetical order. Within each country, the
judicial decisions should be listed in alphabetical order according to the name.
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The table of laws should be organized in the same manner as the table of cases; that is, by
country (or international jurisdiction) and in alphabetical order, and in the same form as a full
citation, particular articles or sections, etc., should not be cited. Where the law appears in a
publication containing more than that law, refer only to the page on which the law begins.
The first initial of a European author should follow the surname, separated from it by a
comma. If there is more than one volume in set, specify the total number of volumes and not
the particular volume or volumes of which was used. Specify the year of publication,
inclusive, of all volumes of the set. (This exception, of course, does not apply to magazines,
and journals.)
When listing books, documents, etc., do not give a reference to a particular page, article,
chapter, etc.; refer only to the material as a whole. However, when listing articles in journals,
magazines, books, or newspapers, refer to the page on which the article begins.
If more than one work by the same author is cited, a long dash is used in place of the author's
name when the second and later entries to that author's work are cited.
Examples of Bibliography
I. Table of Laws
Law of companies of 1933 (unpublished, Archives, Faculty of Law, Hailesellassie I
University)
Income Tax Proclamation, 1961, proc. No. 173, Neg. Gaz., Year 20, No. 13
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III. Other Bibliographic Materials
Antieau, C., Cases and Problems on the Law of Municipal Corporation (4th ed., Buffalo,
New York, Dennis and Co., 1964)
Bassiouni, M. Cherif, International Extradition and Word Public Order (New York, Oceana
Publication, Inc., 1974)
Interview with Ato Ataklti Alemseged, Head, Legal and Public Relation Service, Ethiopian
Civil Aviation Authority, Mar. 16, 2002.
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9.7. SUMMARY
Legal research can be done with sources of different nature. It is impossible to do legal
research from the scratch for it is not a fiction. Therefore, a legal researcher is obliged to
resort to different authorities, Authorities could be books, magazines, journals, judicial
decisions, legislation of different kinds, speeches, letters, interviews.
These sources should be cited so that our audience can be convinced that our arguments are
supported by appropriate sources or materials, which have direct or indirect relevancy to the
arguments we may raise. Our audience may even sometimes want to reach the sources we
cited. For this purpose, we have to cite our sources properly adhering to generally accepted
rules of citations in legal research.
This unit has summarized the most important rules of citations ranging from books to
interviews. Therefore, students are strongly advised to carefully follow these rules when they
are engaged in legal research.
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9.10. GLOSSARY
1. Citation (of authorities) - The reading, or production of, or reference to, legal
authorities and precedents (such as constitutions, statutes, reported cases, and treatises) in
arguments to courts, in legal textbooks, law review articles, briefs, interviews and the like,
to substantiate or fortify the propositions advanced.
2. Ibid - Ibidem (Latin); in the same place, in the same book, on the same page, etc.,
3. Id - Idem (Latin) - the same, used to indicate a reference previously made.
4. Bibliography - list of books, case, laws and the like at the end of a written text.
1. ________ The Blue Book: A Uniform System of Citation (4th ed., 1991)
2. ________ Book of Citation (1965, Unpublished, Library, Faculty of Law,
Hailesellassie I University).
3. Statstey, William P., Legal Research and Writing (4th ed., New York, West Publishing
Company, 1993)
4. Wren, Stopher G., The Legal Research Manual (2nd ed., 1996)
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