Footnotes: A quick guideLatin is a dead language. You actually can’t pronounce Latin in English, you’ll have to resurrect Julius Caesar for some guidance but it’s still the preferred way of referencing in legal writing. It’s noteworthy that many Universities and in particular different countries differ slightly in where they prefer the year of publication to be placed. Most of our South African Universities prefer it to be placed at the end of the reference. Okay, to it then:-
The use of footnotes is, as indicated above, the preferred referencing method for legal writing.[1] Now, I’ve taken this verbatim, word for word, that quite alright as long as you cite the source! It’s not plagiarism if you cite your source. It often happens that an author’s definition is so potent or appropriate that it won’t be effective in your own words. The author gets acknowledged in the footnotes and references at the end of your work. Initially I found footnotes to be very problematic but now I can’t do without them! You can actually clarify so much more in your footnotes than you can clarify in the body of your paper or article and yes anyone can do it! It also helps some if you have a word count stipulation. You get to exceed your word count but creatively, you simply express certain things in your footnotes.
Some abbreviations and what they mean:-
1. Vide: means ‘See,’ you have carte blanche with this one, i.e. vide para 5, vide page 8
2. Ibid: means ‘in the same place,’ you can really be creative here, ibid can refer to a specific footnote which already has a source, this source can be a printed book, a journal article or an internet source, it can either be exactly the same source or the same source but a different page or slightly different url[2]
3.Loc cit: Means in the place already mentioned. So it’s referring to a footnote somewhere in your paper but not necessarily the one immediately above
4. Supra means above and the latter term is easier to use correctly.[3]
5. Op cit: This means in the book, article, journal already quoted but at a different page.
6. Infra: means below, a book, article, journal that is mentioned in a footnote somewhere below.
Since internet sources are common place for academia in the 21 century, I’ll use some internet sources as examples. With such sources, you always indicate the date of use. You may simply say ‘Date of use: 29 August 2012,’ or even ‘viewed 29 August 2012. Use the complete url and anything additional that may allow someone to reach that source. At TFSA ‘#’ indicates the page number.
Is this not a sign of the times? Do people still have respect for JZ? [4] On the other hand Dave asserted that I'm not even sure it was respect for his character that got JZ elected as ANC president at Polokwane. I got the feeling it was more a rejection of Thabo Mbeki and what he'd got up to as President.
7.Interestingly, Vieome always posts pictures and images are compelling and at times mesmerizing. Some of them have a mind of their own.[5]
8.One can appreciate why Tec0 listens to Killswitch. I see so much corruption, it’s hard to ignore. Living on greed and possessions, is this what we died for.[6]
9. Printed publications, I’m referring to mostly books. Again Universities and Countries do differ. Most South African Universities use the same form of Bibliography. Many are referring to their sources simply as references. The one thing about law is that literally everything you say should ideally be cited by a source
10. Where there are three authors or less, you need to mention all three. For instance the book ‘Criminal Procedure Handbook is co-authored by 5 authors. You mention only the first author. Here you simply mention one author in the following sequence. Author Surname and initial and ‘et al’{which means: and others}[Geldenhuys T et al] Title [Criminal Procedure Hand-Book]. Publisher[Juta] Place[Cape Town] and Year[2011]
11. So in your list of references it will look like this Geldenhus et al. Criminal Procedure Handbook. Juta. Cape Town. 2011
12. In the footnotes, a short form of reference should be used.[7] At a trial in a superior court the charge is contained in a document known as an indictment, which is drawn up in the name of the director of public prosecutions.[8]


[1] Vide College of Law. Tutorial 301. Muckleneuk, Pretoria. University of South Africa. 2012.page 23

[2] Id n1 at para 3

[3] Supra n1, para 3 page 23

[4] Vide Blurock:http://www.theforumsa.co.za/forums/s...ainting/page13. #129. Date of use 29 August 2012.
5 Supra n 4 #130. Date of use 29 August 2012.

[5] Vide http://www.theforumsa.co.za/blogs/en...ce-is-a-Virtue. Date of use 29 August 2012.

[6] Vide http://www.theforumsa.co.za/forums/s...s-cool!/page20. #192. Tec0 shared some lyrics of Killswitch. Date of use 29 August 2012

[7] Vide Tut 301.page 23

[8] Vide Geldenhuys T.Criminal Procedure Handbook. Page 117.