Course Title: Legal Research Method
Part B: Course Detail
Teaching Period: Term2 2010
Course Code: JUST5010
Course Title: Legal Research Method
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : Peter Snowdon
Course Contact Phone: +61 3 9925 5852
Course Contact Email:peter.snowdon@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Judy Dredge (Sessional Teacher) judith.dredge@rmit.edu.au
Robyn Lang ph: 9925 1565 robyn.lang@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
LAW5040 Legal Process [VBM898]
Course Description
This module covers identifying research questions and legal categories to which they belong, finding sources of legal information, computer searching techniques, citing legal information, searching for secondary sources of legal information, searching for case law and searching for legislation and delegated legislation.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBM913 Legal Research Method |
Learning Outcomes
1. Analyse a fact situation and identify the research questions raised. Identify and propose legal categories to which those questions relate.
2. Analyse and evaluate sources of legal information.
3. Determine the format for the citation of sources of legal information.
4. Determine and evaluate techniques for searching for legal information in computer databases.
5. Identify secondary sources of legal information, search secondary sources and locate and analyse legal information relevant to case study material.
6. Determine methods of searching for case law and locate and analyse case law relevant to case study material.
7. Evaluate methods of searching for legislation and locate and analyse legislation relevant to case study material.
8. Analyse and determine methods of finding delegated legislation and locate and analyse delegated legislation relevant to case study material.
Details of Learning Activities
Students will study Legal Research Method skills and theory in classroom sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.
Teaching Schedule
Week Beginning | Topic | Assessment |
Week 1 – 5 Jul | What is Legal Research? | Completion of class exercises (weekly) 50% |
Week 2 – 12 Jul | Finding Sources of Legal Information | |
Week 3 – 19 Jul | Electronic Searching | |
Week 4 – 26 Jul | Introduction to Legal Resources on the Internet | |
Week 5 – 2 Aug | Legal Citation | |
Week 6 – 9 Aug | Researching Secondary Sources of Law: Textbooks | |
Week 7 – 16 Aug | Researching Secondary Sources of Law: Law Journal Articles | |
Week 8 – 23 Aug | Researching Secondary Sources Online | |
Mid-Semester Break (Student Vacation) - 30 Aug to 3 Sept | ||
Week 9 – 6 Sept | Finding Case Law on a Subject | |
Week 10 – 13 Sept | Finding Judicial Consideration of a Case | |
Week 11 – 20 Sept | Searching Full-Text Electronic Case Law Databases | |
Week 12 – 27 Sept | Finding and Updating Legislation | |
Week 13 – 4 Oct | Finding Legislation on a Subject | |
Week 14 – 11 Oct | Finding Delegated Legislation | |
Week 15 – 18 Oct | Revision | |
Week 16 – 25 Oct | Test | Test (2 hour – open book) 50% |
Week 17 – 1 Nov | Student consultations (Tue public holiday - Melbourne Cup) |
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Week 18 – 8 Nov | Student feedback and review of assessment |
The total number of scheduled hours of teaching, learning and assessment involved in this course will include all planned activities. This may incorporate face-to-face classes, lectures, workshops and seminars; wherever possible workplace visits, online learning and other forms of structured teaching and learning. The total scheduled hours includes the amount of effort required to undertake, evaluate and complete all assessment requirements, including observation of work performance, discussions with supervisors and others providing third party evidence and one on one and group assessment sessions with students.
Learning Resources
Prescribed Texts
Bott B, Cowley J & Falconer L, Nemes & Coss’ Effective Legal Research 3rd ed ( Sydney : LexisNexis Butterworths, 2007) |
References
Butterworths Legal Research Guide (Sydney: Butterworths, 1995) |
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Campbell E, Fox R & Kewley G, Students' Guide to Legal Writing (Sydney: Federation Press, 1998) |
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Campbell E, Poh York L and Tooher J, Legal Research: Materials and Methods 4th ed (Sydney: LBC Information Services, 1996) |
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Cook, Creyke et al, Laying Down the Law 6th ed (Sydney: LexisNexis Butterworths, 2005) |
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Dayal S, e-law research (Sydney: Butterworths 2000) |
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Enright, C, Studying Law 5th ed (Sydney: Federation Press, 1995) |
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Hutchinson T, Researching and Writing in Law 2nd ed (Sydney: Lawbook Co 2006) |
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McGregor – Lowndes M and Davidson A, The Internet for Lawyers (Sydney: LBC Information Services, 1997) |
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McNamara L & Lynch A, Australian Legal Research – Exercises & Tasks 3rd ed (Sydney: LexisNexis Butterworths, 2004) |
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Milne S and Tucker K, A Practical Guide to Legal Research (Sydney: Lawbook Co, 2008) |
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Mitchell A D and Voon T, Legal Research Manual (Sydney: LBC Information Services, 2000) |
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Research Staff School of Law Deakin University, Researching Australian Law (Sydney: LBC Information Services, 1997) |
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Rozenberg P, Australian Guide to Uniform Legal Citation 2nd ed (Sydney: Lawbook Co, 2003) |
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Stuhmcke A, Legal Referencing (Sydney: Butterworths, 1998) |
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Watt R, Concise Legal Research 5th ed (Sydney: Federation Press, 2004) |
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Wolski B, Field D and Bahrij J, Legal Skills A Practical Guide for Students (Sydney: Lawbook Co, 2006) |
Other Resources
Online Resources
Australian Legal Sites (http://www.dlsweb.rmit.edu.au/just5010)
Australian Guide to Legal Citation 2nd ed (Melbourne University Law Review Assoc Inc, 2002) (http://mulr.law.unimelb.edu.au/aglc.asp)
Austlii (http://www.austlii.edu.au)
ComLaw (http://www.comlaw.gov.au)
Victorian Law Today (http://www.legislation.vic.gov.au)
Access the following online full-text legal databases via the RMIT library’s Search it page (http://www.rmit.edu.au/library)
CCH Online (http://www.cch.com.au)
HeinOnline (http://heinonline.org)
Lawbook Online (http://www.thomson.com.au)
LawOne (http://www.timebase.com.au/index.cfm)
LexisNexis AU (http://http://www.lexisnexis.com.au)
Overview of Assessment
Assessment will consist of assignments, in-class practical exercises and a written test.
Assessment Tasks
Assessment that the learning outcomes have been achieved will be by:
Class exercises (13) 50%
Test (2 hour, open book) 50%
____
100%
To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.
Assessment Matrix
Learning Outcome | Class Exercises | Test |
1. Analyse a fact situation and identify the research questions raised. Identify and propose legal categories to which those questions relate. | X |
X |
2. Analyse and evaluate sources of legal information. | X | X |
3. Determine the format for the citation of sources of legal information. | X | X |
4. Determine and evaluate techniques for searching for legal information in computer databases. | X | X |
5. Identify secondary sources of legal information, search secondary sources and locate and analyse legal information relevant to case study material. | X | X |
6. Determine methods of searching for case law and locate and analyse case law relevant to case study material. | X | X |
7. Evaluate methods of searching for legislation and locate and analyse legislation relevant to case study material. | X | X |
8. Analyse and determine methods of finding delegated legislation and locate and analyse delegated legislation relevant to case study material. | X | X |
Course Overview: Access Course Overview