Hypotheticals for Class Discussion


  1. A second–year student submits a draft of a seminar paper that contains information attributed to several different A.L.R. annotations. In commenting on the paper draft, the teacher tells the student that A.L.R. annotations generally should not be cited as support for legal propositions. For the final version of the paper, the student takes out the citations to the A.L.R. but leaves the information taken from the annotations in the paper unattributed. Is the student guilty of plagiarism?

    Guilty_____ Not guilty_____
    Explain why:

  2. In a research memorandum written for class, a first–year student places a citation to authority at the end of every sentence containing information taken from outside sources. However, the student fails to include quotation marks around specific words taken from some sources. Is the student guilty of plagiarism? How many words must the student take directly from a source before the student needs to indicate them as a direct quotation?

    Guilty_____ Not guilty_____
    Explain why:

  3. Two first–year students talk about different arguments they are considering using in drafting a research memorandum. The assignment instructions allow students to discuss the case law involved in the memorandum but requires that students draft the memorandum on their own. One student includes without attribution an argument that the other student discovered concerning a case. Is the student guilty of plagiarism? Does it matter whether the student phrases the argument in a similar manner to the other student or in her own words? Does it matter if the first student found out about the argument in reviewing a draft of the second student’s memorandum instead of finding out about the argument from just discussing the memorandum?

    Guilty_____ Not guilty_____
    Explain why:

  4. A professor requires five drafts for a seminar paper, each due on a specified day, and each receiving a check or minus as part of the final grade. On a first draft, the professor recognizes major ideas that have not been attributed and discovers sloppy quotations that are missing the beginning or ending quotation marks. When questioned, the student admits that he typed the paper early that morning and did not take time to review his attribution or even spell check. He wanted to turn in something to avoid receiving a minus. Even though this was only a draft of the paper and not the final product, the teacher charges him with plagiarism because the student attempted to receive academic credit: a check rather than a minus. Is this student guilty of academic plagiarism? If yes, should he be expelled?

    Expel yes_____ Expel no_____
    Explain why:

  5. A third–year student hands in a seminar paper that she had written for an earlier class. Can a student plagiarize herself?

    Guilty_____ Not guilty_____
    Explain why:

  6. A first–year student downloads a course outline from a national resource. Allowed to take anything into the final exam, he brings this professional outline. Is he guilty of plagiarism if he takes copies of it into the exam and uses language from it?

    Guilty_____ Not guilty_____
    Explain why:

  7. An L.L.M. student whose first language is not English submits a thesis full of plagiarized material. In the student’s home culture, unacknowledged use of published work is accepted and proper. Can the student be punished for plagiarism? Should the student be punished for plagiarism?

    Can be punished yes_____ no_____ Should be punished yes_____ no_____
    Explain why:

  8. A law review note contains three major ideas taken from a non-identified Internet source. The student insists that the material is public knowledge and does not have to be attributed. If she has no record of the database, is there a proper method for attribution? If not, is she plagiarizing if she publishes the article without any attribution?

    Guilty_____ Not guilty_____
    Explain why:

  9. For an open-book exam, a law professor allows students to bring any materials into the room: commercial outlines, class notes, study guides, case book, etc. If students repeat information from these sources, without identifying the sources, are they guilty of plagiarism?

    Guilty_____ Not guilty_____
    Explain why: