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LAWS8018 – Research Methodologies in Law

2023 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Amy Barrow
amy.barrow@mq.edu.au
Contact via Contact via iLearn
522, 6 First Walk
See iLearn for details
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or MIntTrdeComLaw or MIntLawGovPP) or (Admission to JD or GradCertLaw and corequisite Laws600 or LAWS8001)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit introduces students to an array of concepts and research methodologies that underpin various theoretical approaches to legal scholarship, including doctrinal, comparative, interdisciplinary, empirical, and critical legal studies (CLS) approaches, as well as particular issues in human rights and international law research. The unit emphasises theoretical concerns and requirements that pertain to research objectives, research design, research methods, argumentation, writing, and critique including self-critique. The unit also explores the roles, rights and obligations of students in their own scholarship. The unit equips students to better understand the nexus among legal education, legal scholarship and legal practice; enhances their capacity to design research projects with rigorous research methodologies, to proffer good written analyses with sound argumentation, and to reflect on legal scholarship and on the law critically; and helps prepare them for a higher degree by research or for careers in legal practice, government, international organisations, and think tanks, and consultancies.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Identify and locate primary and secondary legal resources from a variety of library and online collections using appropriate research strategies.
  • ULO3: Critically apply principles and values that underpin ethical research and academic honesty and apply them in own research.
  • ULO2: Apply principles of good written presentation and language to the processes of drafting, editing and re-drafting and referencing (in accordance with the Australian Guide to Legal Citation) legal writing.
  • ULO4: Organise referencing materials using an appropriate range of manual and software solutions.
  • ULO5: Prepare a sophisticated research strategy and work-plan, and apply that to own research project.
  • ULO6: Differentiate the different kinds of legal research questions (theoretical, doctrinal, normative, empirical, comparative etc) and the appropriate methodologies for answering them.

General Assessment Information

Students should be aware of and apply the University policy on academic honesty.

Late Assessment Submission Penalty 

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of‚ 0 (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue. 

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.

Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

Word limits are strictly applied. Work above the word limit will not be marked.  Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.

Detailed marking rubrics are used and marking of all assessments is moderated.

Assessment Tasks

Name Weighting Hurdle Due
Active Participation 10% No Ongoing (Due 02/6/2023)
Referencing and research techniques 30% No Legal Research Quiz Due 17/03/2023; AGLC Quiz Due 24/03/2023
Legal Research Plan 60% No Bibliography Due 04/04/2023; Research Plan Due 29/05/2023

Active Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Ongoing (Due 02/6/2023)
Weighting: 10%

 

Students are to participate in discussion and debate in class and/or online.

 
On successful completion you will be able to:
  • Identify and locate primary and secondary legal resources from a variety of library and online collections using appropriate research strategies.
  • Differentiate the different kinds of legal research questions (theoretical, doctrinal, normative, empirical, comparative etc) and the appropriate methodologies for answering them.

Referencing and research techniques

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 20 hours
Due: Legal Research Quiz Due 17/03/2023; AGLC Quiz Due 24/03/2023
Weighting: 30%

 

Students will complete a timed test on referencing skills and submit a paper on research techniques

 
On successful completion you will be able to:
  • Identify and locate primary and secondary legal resources from a variety of library and online collections using appropriate research strategies.
  • Organise referencing materials using an appropriate range of manual and software solutions.
  • Differentiate the different kinds of legal research questions (theoretical, doctrinal, normative, empirical, comparative etc) and the appropriate methodologies for answering them.

Legal Research Plan

Assessment Type 1: Plan
Indicative Time on Task 2: 45 hours
Due: Bibliography Due 04/04/2023; Research Plan Due 29/05/2023
Weighting: 60%

 

Students are required to submit a comprehensive legal research plan including literature review, research questions, research methodology and strategy

 
On successful completion you will be able to:
  • Critically apply principles and values that underpin ethical research and academic honesty and apply them in own research.
  • Apply principles of good written presentation and language to the processes of drafting, editing and re-drafting and referencing (in accordance with the Australian Guide to Legal Citation) legal writing.
  • Prepare a sophisticated research strategy and work-plan, and apply that to own research project.
  • Differentiate the different kinds of legal research questions (theoretical, doctrinal, normative, empirical, comparative etc) and the appropriate methodologies for answering them.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

This unit is divided into six modules. It will be delivered through (a) pre-recorded lectures beginning week 1 and (b) six two-hour tutorials in weeks 2 to 7 inclusive, delivered both face to face on campus and online. Attendance at the tutorials is compulsory. Students who are unable to attend must apply for special consideration. If that application is accepted, alternative work will be set in lieu of attendance.

In each module, you will be expected to read background materials, watch relevant online video clips, and undertake practical exercises that are intended to build your skills in legal research and writing.

All unit requirements and the teaching and reading schedule are outlined in iLearn. Students should have their own copy of the following prescribed text: Terry Hutchinson, Researching and Writing in Law (Thomson Reuters, 4th ed, 2018), which is available online. Additional readings will be available via Leganto in iLearn.

All Students require access to a computer and a secure and reliable server. Students taking the unit online are required to have access to computer facilities with a camera and microphone. 

Unit Schedule

Module 1: Legal Research - Legislation

  • Introduction
  • Finding and using primary legal materials - legislation.
  • Searching with legal databases: Austlii, Comlaw, parliamentary websites etc.
  • Research strategies
  • Using Boolean operators to improve search strategies

Module 2: Legal Research - Cases

  • Finding and using primary legal materials - cases.
  • Finding and using secondary legal materials 
  • Searching with legal databases: Hein, Westlaw, LexisNexis, Thomson Reuters, APAIS, etc.
  • Research strategies: time, locality, language, subject matter, source.
  • Using Boolean operators to improve search strategies.

Module 3: Legal Referencing

  • The purposes of bibliographic referencing
  • Legal referencing systems, and their critics
  • Australian Guide to Legal Citation 4 (AGCL4)
  • Bibliographic management software (eg Endnote)
  • Use (and abuse) of footnotes in legal writing

Module 4: Developing a Legal Research Proposal

  • Literature review
  • Identifying a research gap
  • Specifying research method(s) in law
  • Developing a realistic research plan (time, money, ethics approvals …)

Module 5: Research Methodologies

  • The relationship between research methodology, research method, and research design.
  • Different types of research design in the physical (natural) and social sciences.
  • Styles of research in the legal sciences.
  • Understanding the differences between the main methods of legal research—doctrinal research; reform-oriented research; empirical socio-legal research; and theoretical research in law.

Module 6: Legal Writing

  • Elements of good legal writing
  • Plain legal language

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Unit information based on version 2023.01R of the Handbook