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quick question

I am writing up an essay for constitutional law... I want to refer to a case and the facts of the case are well explained in one of my text books..for example" under the colonial law validity act 1865 he legislature of new south wales had power to make laws respecting its own constitution, powers and procedure..." etc wondering if I can use this directly without footnoting the book i used or do i quote it from the book? its quite a long passage from the book but its simply facts of the case i think..
I have started referencing the full case citation and the textbook just to be on the safe side
Reply 2
Avatar for m1kes
m1kes
You have to cite the textbook, because otherwise it looks like you sourced the case yourself.

Those were the instructions we were given, and either way, you're not going to lose marks for footnoting it on the safeside, as britishseapower stated.
Reply 3
Avatar for aliya
aliya
OP
I feel like my whole essay is in quotation marks..
Reply 4
Avatar for Kerrigan
Kerrigan
Are you able to cite textbooks in essays? When I was at university, we were always told not to do that - we could cite cases and quote from them, but not textbooks.
Kerrigan
Are you able to cite textbooks in essays? When I was at university, we were always told not to do that - we could cite cases and quote from them, but not textbooks.

I do it and I've had no problems
Reply 6
Avatar for Ethereal
Ethereal
19
britishseapower
I do it and I've had no problems


You can't use a textbook as an authority on a point of law though.
You can only use a textbook to point to a certain analysis and/or criticism. For example, many authors suggest that the test would cause an injustice in certain circumstances and therefore universal justice is not achieved by the test advocated in a case. You can cite it and then agree/disagree. Citing for points of law would just be dodgy!
Reply 8
Avatar for Kerrigan
Kerrigan
OK. They just told us basically not to do it, but to quote articles (for analysis, etc) and cases, rather than books.
I was told to use primary sources (cases, statutes) as preferred sources. Textbooks are "acceptable" but should be used sparingly and definitely not where a primary source should be used. Having said that - some very ancient cases - such as Entick v Carrington - I would imagine there is little real option but to quote from the textbook?
Reply 10
Avatar for Kerrigan
Kerrigan
Well, I don't see why you would need to quote... could you not just refer to the case without quoting the textbook?

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