Course Title: Legal research method
Part B: Course Detail
Teaching Period: Term2 2014
Course Code: LAW5200
Course Title: Legal research method
School: 650T TAFE Business
Campus: City Campus
Program: C6106 - Advanced Diploma of Legal Practice
Course Contact : Doug Gourlay
Course Contact Phone: +61 3 9925-5944
Course Contact Email:doug.gourlay@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Tina Popa - Teacher
Email: tina.popa@rmit.edu.au
Nominal Hours: 51
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
Pre-requisites: VU20111 Legal Process
Course Description
To provide learners with the knowledge and skills necessary to undertake research as might be required of a person working in a legal office or in associated fields in the public and private sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU20124 Legal research method |
Learning Outcomes
Learning Outcome 1 - Analyse a fact situation and identify the research questions raised. Identify and propose legal categories to which those questions relate.
Assessment criteria
1.1 Analyse a fact situation in relation to case study material and identify and discuss the research questions raised with reference to subject matter and persons involved.
1.2 Apply case study material to examine and evaluate legal categories to which a research question may relate with reference to cause of action (or defence) and remedies sought.
Learning Outcome 2 - Analyse and evaluate sources of legal information.
Assessment criteria
2.1 Identify sources of legal collections and examine and discuss the legal materials held by those libraries.
2.2 Determine government or community organisations that may be a source of legal information.
2.3 Identify and evaluate sources of legal information on the Internet.
Learning Outcome 3 - Determine the format for the citation of sources of legal information.
Assessment criteria
3.1 Analyse and detail conventions in legal citation.
3.2 Determine the method of citing cases.
3.3 Assess and specify the methods of citing Acts of Parliament, regulations and other delegated legislation.
3.4 Determine the methods of citing secondary sources of legal information.
Learning Outcome 4 - Determine and evaluate techniques for searching for legal information in computer databases.
Assessment criteria
4.1 Distinguish between the different ways of searching for computer based information with reference to full text searching and hypertext navigation.
4.2 Determine methods of free text searching for information.
4.3 Evaluate the use of hypertext for text searching and navigation. Include reference to access mechanisms, cross referencing, navigation functions and working with the text.
Learning Outcome 5 - Identify secondary sources of legal information, search secondary sources and locate and analyse legal information relevant to case study material.
Assessment criteria
5.1 Analyse textbooks and legal encyclopaedias.
5.2 Analyse indexes to legal periodicals.
5.3 Evaluate on-line computer based resources with reference to full-text electronic databases and Internet.
5.4 Search secondary sources and locate and analyse legal information relating to case study material.
Learning Outcome 6 - Determine methods of searching for case law and locate and analyse case law relevant to case study material.
Assessment criteria
6.1 Determine methods of finding case law on a particular subject.
6.2 Specify methods of finding the subsequent history of a case.
6.3 Determine methods of finding case notes and case citations.
6.4 Search for and analyse case law relating to case study material.
Learning Outcome 7 - Evaluate methods of searching for legislation and locate and analyse legislation relevant to case study material.
Assessment criteria
7.1 Evaluate methods of finding legislation on a particular subject, and whether or not it has been amended.
7.2 Determine methods of finding whether legislation has been reprinted,
7.3 Assess resources available to establish whether legislation has been judicially in relation to annotation services and full-text electronic databases.
7.4 Search for and analyse legislation relevant to case study material.
Learning Outcome 8 - Analyse and determine methods of finding delegated legislation and locate and analyse delegated legislation relevant to case study material.
Assessment criteria
8.1 Specify methods of finding delegated legislation on a particular subject and whether it has been amended.
8.2 Determine methods of finding whether delegated legislation has been reprinted.
8.3 State and analyse resources available to determine whether delegated legislation has been judicially with reference to annotations and full-text electronic databases.
8.4 Search for and analyse delegated legislation relevant to case study material.
Details of Learning Activities
A range of learning experiences are planned for this course including class and online activities, use of various online databases.
Teaching Schedule
This course is clustered with BUSM6322C Analyse and present research information (BSBRES401A) course.
Prior to training commencement a program level induction session will be conducted that comprises the following:
• Program overview and requirements
• MyRMIT/Blackboard
• Overview of assessment requirements
• Pre-Training Review including:
o Recognition of Prior Learning and Credit Transfers
o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Week |
Date |
Topics |
Assessment Tasks |
Competencies Delivered |
| 1 | 7th July |
Introduction to the Course including: Introduction: What is Legal Research? |
Overview of assessments | LAW5200 (VU20124) |
| 2 | 14th July | Finding Sources of Legal Information | LAW5200 (VU20124) |
|
| 3 | 21st July | Electronic Searching |
|
LAW5200 (VU20124) |
| 4 | 28th July | Introduction to Legal Resources on the Internet | |
LAW5200 (VU20124) |
| 5 | 4th Aug | Legal Citation | LAW5200 (VU20124) |
|
| 6 | 11th Aug | Researching Secondary Sources of Law: Textbooks |
|
LAW5200 (VU20124) |
| 7 | 18th Aug | Researching Secondary Sources of Law: Law Journal Articles | LAW5200 (VU20124) |
|
| 8 | 25th Aug | Researching Secondary Sources Online | Assignment - Contract Law Essay (20%) Due by 5:00 p.m., 29 August 2014 |
LAW5200 (VU20124) |
| 1-7 September - Mid Semester break | ||||
| 9 | 8th Sep | Finding Case Law on a Subject |
LAW5200 (VU20124) |
|
| 10 | 15th Sep | Finding Judicial Consideration of a Case |
|
LAW5200 (VU20124) |
| 11 | 22nd Sep | Searching Full-Text Electronic Case Law Databases |
|
LAW5200 (VU20124) |
| 12 | 29th Sep | Finding and Updating Legislation |
|
LAW5200 (VU20124) |
| 13 | 6th Oct | Finding Legislation on a Subject |
LAW5200 (VU20124) |
|
| 14 | 13th Oct | Finding Delegated Legislation |
Weekly exercises (50%) |
LAW5200 (VU20124) |
| 15 | 20st Oct | Revision | LAW5200 (VU20124) |
|
| 16 | 27th Oct | Final Test | Open book Final Test (30%) | LAW5200 (VU20124) |
Learning Resources
Prescribed Texts
Bott B, Cowley J & Falconer L, Nemes & Coss’ Effective Legal Research, 4th edition |
|
Australian Guide to Legal Citation, 3rd edition, (Melbourne University law Review Assoc. Inc 2010) |
References
Other Resources
It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.
Overview of Assessment
Assessment will be by various methods as outlined for each learning outcome and may be assessed separately or together. Assessments may include:
• Class tests
• Written assignments
• Practical exercises
• Class discussion
• Use of electronic databases
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met.
Assessment Tasks
To demonstrate achievement of the learning outcomes in this course the following evidence is essential:
• Knowledge of legal research methods necessary to undertake research as might be required of a person working in a legal practice industry
In order to pass this course you must complete the 3 assessment tasks and have an overall mark of no less than 50.
Assessment Task 1 - On-line quizzes (50%)
Due Date: week 14
Submission Procedure: On-line Blackboard (Learning Hub)
The purpose of this assessment is for you to demonstrate your understanding of the various legal research methods to locate primary and secondary sources of legal information.
Assessment Task 2 - Essay (20%)
Due Date: 5 p.m. 29 August 2014
Submission Procedure: Submit via Blackboard (Learning Hub)
The purpose of this assessment is to demonstrate your ability to research legal information and then to present your research findings in an essay format.
Assessment Task 3 - Open Book Final Test (30%)
Due Date: Week 14
Submission Procedure: In class as per teacher’s instructions
The purpose of this assessment is for you to demonstrate your understanding of all topics covered in the course.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
Assessment Matrix
Marking Guide:
You will receive feedback on each assessment task that will inform you how well you are performing.
Please refer to the Final Grades table below:
| 80-100 | HD | High Distinction |
| 70-79 | DI | Distinction |
| 60-69 | CR | Credit |
| 50-59 | PA | Pass |
| 0-49 | NN | Fail |
| DNS | DNS | Did Not Submit for assessment |
Further information regarding the application of the grading criteria will be provided by your teacher.
Other Information
Submission Requirements
You should:
• Ensure that you submit assessments on or before the due date:
• If your performance in the assessment is affected by unexpected circumstances, you should consider applying for extensions of time. (Please refer to the information in the Late Submission Procedure section below)
• If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• Always retain a copy of your assessment tasks (hard copy and soft copy).
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration
and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for
assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for
assessment is your own work. An assignment cover sheet for submission of work for assessment is available on
Blackboard.
• Each page of your assessment should include a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.
Late Submission Procedures
If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions:
If you fail an assessment you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass. If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41
Course Overview: Access Course Overview