Overview
In your first year of law studies you will have learned the foundations of legal research and knowledge management. Legal Research will develop these skills to a level appropriate for a legal professional working as a researcher, legal project manager and in all other areas of legal practice. You will learn to access, analyse and evaluate information from legal authorities and from other relevant disciplinary knowledge bases. In Legal Research you will work with your peers in a learning community to apply your research skills in the context of a current legal research project such as contemporary law reform issue, a project for a community legal centre or the work of a research centre. You will prepare a research document which engages with a real public interest law issue and produce an artefact which will then form part of your professional portfolio.
Details
Pre-requisites or Co-requisites
Pre-requisite: LAWS11057 Introduction to Law
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2019
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Surveys, email, consultations
Some students still feel unprepared for a research unit and are uncertain about basic research tasks such as using the law library.
We are working to introduce basic research resources for first years. A "legal research toolkit" moodle meta-unit has been created and will detail basic skills, similar to the service a law librarian would usually offer at other law schools.
Feedback from Surveys, email, consultations
Students lack experience with writing research papers
We will explore the need for more research papers at first year, supported by basic research and writing resources in the moodle meta-unit. While the LPAB accreditors are emphasising invigilated exams and we also want to implement diverse assessment strategies, we also need to ensure that students are getting experience writing research papers.
Feedback from Surveys, email, consultations
Some students struggled with the serious nature of the research topic
Students were given the option of an alternative topic but no one took this up. This unit's supporting materials encourages students to explore their reactions to the serious issues raised in legal situations and to develop professional modes of coping with the stress of legal practise. Around 20 students took the opportunity to discuss these and other study issues in the private consultation sessions. We will continue to emphasise these strategies for developing professional identity and study skills.
Feedback from Observation of attendance at workshops and activity on forums
There was not strong student engagement in this unit.
While some students appreciate the ability to work alone, we also have to encourage engagement among the student body. Perusall, the social learning platform was not effective nor was the Moodle forum system. We will look to having a better learning forum system implemented, such as Piazza, that can be easily be integrated into moodle.
- Develop and evaluate strategies for solving legal problems, researching options and presenting solutions using a variety of different research and collaboration tools
- Analyse legal problems through critical thinking, evaluating and weighing evidence and developing alternative solutions
- Engage in collaborative research as a member of the learning community and as an ethically responsible professional
- Activate solutions and apply research toward legal change in context of a practical research project of public interest.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Portfolio - 20% | ||||
| 2 - Written Assessment - 20% | ||||
| 3 - Written Assessment - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Portfolio - 20% | ||||||||||
| 2 - Written Assessment - 20% | ||||||||||
| 3 - Written Assessment - 60% | ||||||||||
Textbooks
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- MS Teams
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
s.beattie@cqu.edu.au
Module/Topic
Legal research and evidence based problem solving
Chapter
The Australian Guide to Legal Citation (Melbourne University Law Review Association, 4h ed, 2018) or an official university summary such as the Deakin University Summary at https://www.deakin.edu.au/__data/assets/pdf_file/0005/755438/Deakin-guide-to-referencing_AGLC.pdf
Terry Hutchinson and Nigel Duncan, ‘Defining what we do: Doctrinal legal research’, (2012) Deakin Law Review, 17(1), 83-119Events and Submissions/Topic
Module/Topic
Context of legal problem solving
Chapter
Scott Beattie, The Law Workbook (3rd ed) (The Federation Press 2010), Chapter 10 ‘Law reform’
Desmond Manderson and Richard Mohr, ‘From oxymoron to intersection: An epidemiology of legal research’ (2002) 6(1) Law Text Culture, 159Events and Submissions/Topic
Module/Topic
Analysing a legal problem
Chapter
Michelle Sanson, David Worswick and Thalia Anthony, Connecting with Law (Oxford University Press 2009), Chapter 3 ‘Sources: What is the Law Itself?’
Legal Writing Institute, The Second Draft, (1995) 10(1)
Events and Submissions/Topic
Module/Topic
Project management in legal research
Chapter
Elizabeth Gritter, Time Management Tips for Dissertation Writing, (2011)
http://www.stcloudstate.edu/elhe/_files/documents/dissertation/time-management-tips.pdf
Events and Submissions/Topic
Module/Topic
Chapter
David B Resnick, ‘What is ethics in research and why is it important’ (Dec 1 2015), https://www.niehs.nih.gov/research/resources/bioethics/whatis/
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Focus on rules
Chapter
Michael Kirby, 'Statutory Interpretation: The Meaning of Meaning' (2011) 35(1) Melbourne University Law Review 113
Events and Submissions/Topic
Module/Topic
Focus on precedents
Chapter
Jay Sanderson & Kim Kelly, A Practical Guide to Legal Research (Lawbook Co 2014), Chapter 3 ‘Case Law’
Events and Submissions/Topic
Module/Topic
Focus on theory
Chapter
Hanoch Dagan and Roy Krietnar, ‘The character of legal theory’ 96 Cornell Law Review 670-691
Events and Submissions/Topic
Module/Topic
Focus on data
Chapter
Wing Hong Chui, ‘Quantitative Legal Research’ in Mike McConville and Wing Hong Chui (eds), Research Methods for Law (Edinburgh University Press, 2007)
Events and Submissions/Topic
Module/Topic
Presentation of legal research
Chapter
Jordan Furlong, 9 steps to a presentation that won’t leave your audience hating you (2013) http://www.stemlegal.com/strategyblog/2013/9-steps-to-a-presentation-that-wont-leave-your-audience-hating-you/
Events and Submissions/Topic
Module/Topic
Feedback and legal writing
Chapter
Victoria Law Foundation, Better Information Handbook (2011) http://www.victorialawfoundation.org.au/sites/default/files/resources/Better_Information_Handbook.pdf
Events and Submissions/Topic
Module/Topic
Research as professional practice
Chapter
Giada di Stephano et al, ‘Making experience count: The role of reflection in individual learning’ (2016) Harvard Business School NOM Unit Working Paper No. 14-093, available at SSRN:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2414478
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Portfolio
This unit models a regular and incremental approach to research work that is consistent with professional life rather than the ‘just in time’ strategies that many students apply to assignment tasks. The life-cycle of a research project is broken into 12 weekly workshop tasks in order to develop an orderly and iterative progress toward completion. Through discussion of these tasks in weekly zoom workshops and in the forums you will be able to get further guidance and feedback on your progress – from the coordinator and your peers.
This approach encourages you to be overt and reflexive about your research process – to keep good records and be self-critical about your own methods and organisational techniques. When working in a professional research environment these processes are important for working with peers, supervisors and other stakeholders. During this term you will build on the techniques you learned in LAWS11057 Introduction to Law and refine your approach to accommodate your own individual research style.
At the end of the term you will assemble these artefacts into a portfolio for submission.
There is no word limit for this assessment item as the tasks involve different types of activity to traditional essay writing. However, one half to one page should be sufficient for each task and some may be shorter. The aim of the exercise is to show your working and the thinking that underlies it rather than produce a polished final product.
Review/Exam Week Monday (14 Oct 2019) 5:00 pm AEST
Exam Week Monday (21 Oct 2019)
Grades will be returned two weeks from the date of submission.
Criteria
- Design and use of research methodologies
- Applied knowledge of legal and interdisciplinary contexts
- Ability to set goals and self evaluate
- Critical reflection on learning
- Professional presentation
Full rubric is available at:
- Develop and evaluate strategies for solving legal problems, researching options and presenting solutions using a variety of different research and collaboration tools
- Analyse legal problems through critical thinking, evaluating and weighing evidence and developing alternative solutions
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
2 Written Assessment
In this unit you will be allocated a portion of a law reform issues paper and you will be responsible for developing a submission on it, with the support of your peers. Your first task will be to develop a problem analysis and project plan in order to gain feedback.
As part of this process it is permissible, even recommended, to ask questions in the body of your plan. If you desire specific feedback on a particular choice or methodological design, ask this overtly within the plan to ensure that you receive clear feedback.
This plan will include:
- A statement of your research topic, expressed as a critical argument
- An analysis of stakeholders and members of the community who are affected by the law reform issue.
- An analysis of jurisdictional issues and map of regulatory networks
- An overview of the current field of research, including the documents of key organisations, important research voices and significant publications
- A project plan stating key timelines and organizational matters
Week 5 Monday (12 Aug 2019) 5:00 pm AEST
Week 7 Monday (2 Sept 2019)
Criteria
- Design of research topic and problem solving skills
- Planning and time management
- Research methodology
- Critical analysis of legal and interdisciplinary issues
- Clear and professional expression of project outcomes and elements
Full rubric is available at:
- Develop and evaluate strategies for solving legal problems, researching options and presenting solutions using a variety of different research and collaboration tools
- Analyse legal problems through critical thinking, evaluating and weighing evidence and developing alternative solutions
- Engage in collaborative research as a member of the learning community and as an ethically responsible professional
- Communication
- Problem Solving
- Critical Thinking
- Information Technology Competence
3 Written Assessment
As legal practitioners, we have a professional responsibility to protect rule of law and the integrity of our legal systems. One aspect of this ethical duty is the responsibility to engage with law reform, particularly through the inquiries of state and federal Law Reform Commissions. These organisations have their own research staff but also rely on the public submissions of professionals, organisations and members of the community to assist in the process.
In Legal Research we are using this context to illustrate the full spectrum of legal research skills through authentic assessment, and also to provide a public good. Throughout the term you will have developed your submission via your weekly workshop tasks and the feedback that you receive on your Problem Analysis and Project Plan. The resulting final project will be delivered in a format suitable for making a public submission and we strongly encourage students to actually do this. Note that commission deadlines might be different to university deadlines and you may need to submit an early version of your paper to the inquiry before the due date, but this will not affect your grade on your final submission.
In addition to assessment, it is recommended that you include a copy of your submission in your professional portfolio.
Week 12 Friday (11 Oct 2019) 5:00 pm AEST
Exam Week Monday (21 Oct 2019)
Grades will be returned two weeks after submission
Criteria
- Statement of an innovative research problem and argument design
- Legal and interdisciplinary research methodology
- Critical analysis of legal and interdisciplinary data and theories
- Investigation of the social and ethical context of the problem
- Professional presentation of final project
Full rubric is available at:
- Analyse legal problems through critical thinking, evaluating and weighing evidence and developing alternative solutions
- Engage in collaborative research as a member of the learning community and as an ethically responsible professional
- Activate solutions and apply research toward legal change in context of a practical research project of public interest.
- Communication
- Problem Solving
- Critical Thinking
- Team Work
- Cross Cultural Competence
- Ethical practice
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
