Course Title: Research and evaluate legal research method

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: JUST5748

Course Title: Research and evaluate legal research method

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Alana Ryan

Email: alana.ryan@rmit.edu.au

Nominal Hours: 50

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

None

Course Description

This unit describes the skills and knowledge required to source, correctly cite and document legal and legislative information relevant to a wide range of areas of legal interest in order to support the work of a legal office, practice or associated context.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21632 Research and evaluate legal research method

Element:

1.Analyse a fact situation, identify the research questions raised and identify and propose the legal categories to which those questions relate.

Performance 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.

Element:

2.Analyse and evaluate sources of legal information

Performance 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, access and evaluate sources of legal information on the Internet

Element:

3.Determine and apply the format for the citation of sources of legal information

Performance Criteria:

3.1 Identify and detail conventions in legal citation
3.2 Determine and apply 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

Element:

4.Determine and apply techniques for searching for legal information in computer databases

Performance Criteria:

4.1 Distinguish between the different ways of searching for computer-based information, including full text searching and hypertext navigation, and apply to practice
4.2 Determine and apply methods of free text searching for information
4.3 Evaluate the use of hypertext for text searching and navigation with reference to access mechanisms, cross referencing, navigation functions and working with the text

Element:

5.Identify, access and utilise secondary sources of legal information

Performance Criteria:

5.1 Identify and source relevant textbooks and legal encyclopaedias
5.2 Source relevant indexes to legal periodicals
5.3 Research and utilise relevant 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 relevant to practice

Element:

6.Determine and apply methods of searching for case law

Performance Criteria:

6.1 Determine and apply methods of finding case law on a particular subject
6.2 Specify and apply methods of finding the subsequent history of a case
6.3 Determine and apply methods of finding case notes and case citations

Element:

7.Determine and apply methods of searching for legislation relevant to case study material

Performance Criteria:

7.1 Determine and apply methods of finding legislation on particular subject/s, taking into account any amendments made to that legislation
7.2 Determine and apply methods of finding whether legislation has been reprinted
7.3 Access, and analyse for application, resources available to establish whether legislation has been judicially considered in relation to annotation services and full-text electronic databases
7.4 Search for and analyse legislation relevant to case study material.

Element:

8.Determine and apply methods of finding delegated legislation

Performance Criteria:

8.1 Specify and apply methods of finding delegated legislation on particular subject/s, taking into account any amendments made to that legislation
8.2 Determine and apply methods of finding whether delegated legislation has been reprinted
8.3 Describe, and analyse for application, resources available to determine whether delegated legislation has been examined judicially with reference to annotations and full-text electronic databases
8.4 Search for and analyse delegated legislation relevant to case study material


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session

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:
    • Recognition of Prior Learning and Credit Transfers
    • 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 Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

Week No.

Date Week Begins

Topic:

Activities and tasks/Assessment

 

1

July 4

 TOPICS:

  • What is Legal Research?
  • Legal Categories and analysis of a fact situation

In Class Learning Activity:

  • Case study
  • Film Questions

 Online Quiz

 

2

July 11

 TOPICS:

  • Finding Sources of Legal Information

In Class Learning Activity:

  • Computer searching techniques

 Online Quiz

 

3

July 18

TOPICS:

  • Legal Citation

In Class Learning Activity:

  • Citation methods for referencing sources of legal information

 Online Quiz

 

4

July 25

TOPICS:

  • Online searching

In Class Learning Activity:

  • Legal Citation – Internet materials

 Online Quiz

 

5

August 1

TOPICS:

  • Researching Secondary Sources of Law: Law Journal Articles

In Class Learning Activity:

  • Legal Citation: Secondary Sources (Textbooks)

 Distribute Assessment 1 – Research Table

 

Online Quiz

 

6

August 8

 TOPICS:

  • Researching Secondary Sources of Law: Law Journal Articles

In Class Learning Activity:

  • Legal Citation: Secondary Sources (Law Journal Articles)

 Online Quiz

 

 7

August 15

 TOPICS:

  • Researching Secondary Sources of Law: legal Encyclopaedia

In Class Learning Activity:

  • Legal Citation: Secondary Sources (legal encyclopaedias and loose-leaf services)

 Online Quiz

 

8

August 22

TOPICS:

  • Finding Case Law

In Class Learning Activity:

  • Legal Citation: Case Law

 Online Quiz

 

 Mid-Semester Break

 

 

 Online Quiz

9

September 5

TOPICS:

  • Finding and Updating Legislation

In Class Learning Activity:

  • Legal Citation: Legislation

 Online Quiz

 

10

September 12

TOPICS:

  • Finding Legislation on a topic

In Class Learning Activity:

  • Legal Citation: Legislation

 Online Quiz

 

Assessment 1: Research Table Due (40%)

 

 11

September 19

 TOPICS:

  • Finding Delegated Legislation

In Class Learning Activity:

  • Case Study

Online Quiz

 

12

September 26

 TOPICS:

  • Finding Judicial Considerations of a case

In Class Learning Activity:

  • Case Study

Online Quiz

 

13

October 3

 TOPICS:

  • The “Great Research Race” (Revision and bringing knowledge and skills together)

In Class Learning Activity:

  • Case Study

 

 

14

October 10

Revision and Practice Test

 

 

15

October 17

Class Test

 

 Assessment 2: Supervised Open Book Class Test (60%)

 

16

October 24

Feedback Sessions

 Resits/resubmissions
(if required)

 

 

 

 

 

 

 

 

 

 

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.


Learning Resources

Prescribed Texts

Australian Guide to Legal Citation (Melbourne Unversity Law Review, 3ed, 2010)


References

Jay Sanderson and Kim Kelly, A Practical Guide to Legal Research (Lawbook Co, 3ed, 2014)


Other Resources


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• identifying and categorising research questions arising from a particular fact situation
• identifying and applying legal research methods and techniques relevant to a particular subject or case
• documenting researched information using correct citation and documentation formats
• knowledge of legal research methods and techniques including documentation and citation protocols

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

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.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

TASK 1 (Due: Week 10 )

Research Table (40%)

TASK 2 (Due: Week 15)

Supervised Open Book Class Test (60%)

 

You must satisfactorily complete all assessment tasks in order to achieve competency.


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks (both hard copy and soft copy).
• Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. 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 must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
• Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: 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. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):

If your Course Assessment Task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission. The highest score you may receive if your resubmission is deemed satisfactory is 50% of the total marks allocated for that task.

If your task is still deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.


Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31


Marking Guide (Competency):

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying,

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.


Marking Guide (Grading)

Only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment

Further details regarding the application of the grading criteria will be provided by your teacher.
 

Course Overview: Access Course Overview