Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Legal Research at an advanced level is a fundamental part of postgraduate legal study both for coursework and more particularly thesis and dissertation purposes. Exposure to a structured course on the nature, aims and techniques of legal and other research is essential to a proper foundation in postgraduate research skills at an advanced level. Advanced Legal Research is also highly recommended for those students who have completed their undergraduate degree in a jurisdiction other than Australia.

Aims

The aim of this unit is to provide you with a knowledge and understanding of the methods used in legal research, as well as experience and skills in formulating, researching, defending and refining a specific research topic.

Objectives

On the completion of this unit, you will be able to demonstrate:
(a) an understanding of and abilities in formulating a thesis and preparing a research proposal.
(b) an ability to develop and implement research strategies aimed towards bolstering a legal argument.
(c) advanced skills in locating and extracting legal and other source materials including the use of specialist sources such as governmental, international and comparative source materials.
(d) advanced skills in using technology and in electronic legal research.
(e) an understanding of interdisciplinary research relevant to legal research including theoretical research, social science research and policy and reform research.
(f) skills and abilities to an advanced level in the presentation and defence of research, research project management, critical thinking, and reflective practice.

Content

Advanced Legal Research deals with the concepts, techniques, aims and methods of legal research and other methodologies relevant to an interdisciplinary perspective. Different research objectives will be considered for particular attention, for example research in government or for law reform purposes. Interactive sessions cover the process of choosing a research topic, and preparing an initial research proposal. Basic project management aspects of research are also covered. The course contains extensive training in finding source material, including the use of advanced technology in locating and organising source materials. The course also deals with the presentation and defence of research including the respective roles of researcher and supervisor, structuring research material in support of a thesis, and the diagnosis and remedy of structural problems. It deals with the conventions of presentation, "assessment" of research in terms of the differing criteria for refereeing and judging "worth" and quality as well as the ethics of research. Attention is given to the context of the chosen research topic including the conceptual framework and critical reflective development of the topic throughout the research process.

Approaches to Teaching and Learning

This unit will be taught in an intensive format over four days. A mixture of seminar, computer laboratory and workshop sessions will be utilised with an emphasis on promotion of interaction. Specialist lecturers will be involved in the teaching including both Faculty and non-Faculty of Law staff. Your attendance at all sessions is essential.

This unit employs a variety of teaching and learning strategies in order to achieve the unit aims and objectives.

The initial sessions aim to introduce basic aspects of the course. Students must choose their own topic to research. You will take part in workshops designed to provide methods for choosing and refining your research topics using instructor chosen example topics. Instruction will be given on preparing the research proposal. The group work is an initial opportunity to interact personally with other students so that the email discussions can provide a more suitable atmosphere for subsequent peer support.

Seminar sessions will focus on different types of legal research apart from the standard doctrinal methodology most students will have experienced. One session will consider theoretical perspectives and the integration of underlying concepts within your work. Another will examine the difficulties inherent in research where government and social policy aspects are providing the driving force to change. Finally, we shall examine the cross-over of social science methods and law, and the situations where empirical research can be most helpful in illustrating the law in action.

The workshops provide an important foundation for further work using electronic research. The first session aims to outline basic electronic research theory and techniques. During this session you will be introduced to the most useful legal journals indexes and citators which will assist you in gathering initial information when you are choosing a suitable research topic.

Subsequent electronic research sessions cover electronic sources for basic reference material in the Commonwealth and Queensland jurisdictions. This research knowledge will be extended to international, Canadian, European Union, and in particular, United States legal sources, using the Internet, LEXIS, and the main Australian legal databases where time permits. Exercises are provided so that you are able to test your skills.

The individual student presentations of research proposals to the group encourage you to reflect on your own project development, research methodology and the cohesiveness and worth of your chosen topic.

The final seminar session provides the opportunity for discussion of the reflective and systematic documentation of the research process. There may also be an opportunity for small group work on aspects of supervision practice in large project preparation both from the view of the supervisor and the supervised.

Assessment

Assessment in this unit is both formative and summative.There are many opportunities given in the unit for formative feedback and comment from the lecturer, including:

• formative feedback on the choice of initial topic through email responses and personal consultations where required.


• verbal feedback and pertinent discussion during the presentation of your proposal.


• a thirty minute consultation when your initial proposal is returned so you can discuss any of the written comments given on your papers as well as points raised during the presentation of your proposal.


• feedback during the on-line discussion forum.

Assessment name: Research Proposal
Description: Summative. 1,500 words.
Relates to objectives: (a), (b), (e), and (f).
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: week 6

Assessment name: Research Process Assignment
Description: Summative. 3,000-4,000 words
Relates to objectives: (b), (c), (d), (e), and (f).
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: 1st Monday of exams

Assessment name: Presentation and Defense
Relates to objectives: This assesses learning outcome (f).
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: week 6

Assessment name: Electronic Exercise
Relates to objectives: This assesses learning outcomes (d) and (c) in particular
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: week 4

Assessment name: Literature Review
Relates to objectives: This assesses learning outcomes (d) and (f) in particular.
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: 1st Monday of exams

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

1. Hutchinson, T (2010),Researching and Writing in Law, Law Book Co. 3rd Edition
2. Moore, N (2000), How to Do Research, London: Library Association, 2nd Edition
3. Watt, R (2009), Concise Legal Research, Federation Press, 6th Edition

There is additional reading listed in the Study Guide and available on the web page.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 16-Oct-2012