Course Title: Research and evaluate legal research method

Part B: Course Detail

Teaching Period: Term1 2019

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

Location: 80.05.18-007

Phone: 99255897

 

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/Canvas
  • 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 

Week No.

Week beginning

Topic:

Activities and tasks/Assessment

1

 

 TOPICS:

What is Legal Research?

Legal Categories and analysis of a fact situation

In Class Learning Activity:

·         Case study

·         Film Questions

 

Online Quiz

2

 

 TOPICS:

Finding Sources of Legal Information

Boolean Searching

In Class Learning Activity:

Computer searching techniques

 Online Quiz

3

 

TOPICS:

Legal Citation

In Class Learning Activity:

Citation methods for referencing sources of legal information

 Online Quiz

4

 

TOPICS:

Online searching

In Class Learning Activity:

Legal Citation – Internet materials

Distribute Assessment Task 1 – Research Table 

Online Quiz

5

 

TOPICS:

Researching Secondary Sources of Law: Law Journal Articles

In Class Learning Activity:

Legal Citation: Secondary Sources (Law Journal Articles)

 

 

Online Quiz

6

 

TOPICS:

Researching Secondary Sources of Law: Textbooks

In Class Learning Activity:

Legal Citation: Secondary Sources (Textbooks)

 Online Quiz

 7

 

 TOPICS:

Researching Secondary Sources of Law: Legal Encyclopaedias

In Class Learning Activity:

Legal Citation: Secondary Sources legal encyclopaedias

 Online Quiz

8

 

TOPICS:

Finding Case Law

In Class Learning Activity:

Legal Citation: Case Law

 Online Quiz

9

 

 

 

TOPICS:

Finding Judicial Considerations of a case

In Class Learning Activity:

Case Study

 

Online Quiz

 10

 

TOPICS:

Finding and Updating Legislation - Part 1

In Class Learning Activity:

Legal Citation: Legislation

 

Online Quiz

Mid semester break 19th - 28th April

11

 

TOPICS:

Finding and Updating Legislation - Part 2

In Class Learning Activity:

Legal Citation: Legislation

Online Quiz

DUE: Assessment Task 1 – Research Table

You will receive the feedback for this assessment. If required, resubmission for this assessment is due by the end of week 14.

12

 

 

TOPICS:

Finding Delegated Legislation

In Class Learning Activity:

Case Study

Online Quiz

 

13

 

TOPICS:

(Revision and bringing knowledge and skills together)

In Class Learning Activity:

Case Study

Feedback - Assessment Task 1

 

14

 

Class Test

 

Assessment Task 2: Supervised Open Book Class Test

15

 

Resits

 

16

 

Resits/Feedback

 

 

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this 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


References


Other Resources

Recommended: 

Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Assoc Inc, 3rd ed, 2010)

NOTE: This is a VERY important resource for this course and will also be of assistance to you in all other courses throughout this program.

Copies of AGLC4 are available directly from the Review for AU$24.99 per copy. Copies of AGLC3 are also available for AU$9.99.

Domestic orders can be placed online: https://law.unimelb.edu.au/mulr/aglc/orders (Links to an external site.)Links to an external site. 

Additional resources can be found in Canvas.


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

Task 1: Legal Research Assignment: Research Table 

Due: Week 11

In this research assessment you will prepare a Legal Research Table. Your ability to find relevant and up to date information and to correctly apply the citation conventions will be assessed. This is an individual assessment. Some class time will be given to complete this task but majority should be completed in your own time.

The objective of this assignment is to allow you to apply in practice the skills taught in class and to apply them to an essay topic or case study question. You will be given a topic that you will have to research.

You should reference by using footnotes (refer Australian Guide to Legal Citation). You will also need to prepare a bibliography listing all resources from your research.

Your research must be presented as a Legal Research Table.

Task 2: Final test

Due: Week 14

2 hour, open book test        

Your ability to demonstrate that you have acquired the knowledge and skills necessary to independently undertake legal research is assessed in this test. You will be required to locate and examine legal sources and correctly cite and document legal and legislative information.

                                                                                                         

You are required to complete 2 tasks. You must successfully complete all 2 tasks to be deemed competent in this course.


Assessment Matrix

 

The assessment matrix that maps all the assessment is available on CANVAS 

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. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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 five working days after the assessment task deadline or scheduled examination.

More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

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.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

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:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 
       

 

 

Course Overview: Access Course Overview