Course Title: Research and evaluate legal research method

Part B: Course Detail

Teaching Period: Term2 2021

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: Theresa Lyford

Course Contact Phone: +61 3 9925 5444

Course Contact Email: theresa.lyford@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Bill Unkles

Email:bill.unkles@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

This course is being delivered intensively over a series of four facilitated workshops. Students are required to undertake self paced learning activities prior to each workshop. 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.

This course guide contains information that describes course aspects that do not change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.


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 Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

Course Schedule: JUST 5748 Research and Evaluate Legal Research Method, Semester 2, 2021


Topic:

Activities and tasks/Assessment


 TOPICS:

What is Legal Research?

Legal Categories and analysis of a fact situation

Learning Activity:

  • Case study
  • Film Questions

 


TOPICS:

Finding Sources of Legal Information

Boolean Searching

Learning Activity:

Computer searching techniques

 


TOPICS:

Legal Citation

Learning Activity:

Citation methods for referencing sources of legal information

 


TOPICS:

Online searching

Learning Activity:

Legal Citation – Internet materials




TOPICS:

Researching Secondary Sources of Law: Law Journal Articles

Learning Activity:

Legal Citation: Secondary Sources (Law Journal Articles)

Assessment Task 1


TOPICS:

Researching Secondary Sources of Law: Textbooks

Learning Activity:

Legal Citation: Secondary Sources (Textbooks)

 


TOPICS:

Researching Secondary Sources of Law: Legal Encyclopaedias

Learning Activity:

Legal Citation: Secondary Sources legal encyclopaedias

 


TOPICS:

Finding Case Law

Learning Activity:

Legal Citation: Case Law

 


TOPICS:

Finding Judicial Considerations of a case

Learning Activity:

Case Study




TOPICS:

Finding and Updating Legislation - Part 1

Learning Activity:

Legal Citation: Legislation

Assessment Task 2


TOPICS:

Finding and Updating Legislation - Part 2

Learning Activity:

Legal Citation: Legislation




 


TOPICS:

Finding Delegated Legislation

Learning Activity:

Case Study



TOPICS:

(Revision and bringing knowledge and skills together)

Learning Activity:

Case Study

Assessment Task 3





 


 



 



 

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 Short Answer Questions 

Due: 6th October 2021

This short-answer assessment task is one of three assessment tasks you need to complete satisfactorily, in order to be deemed competent for this unit.  This assessment task allows you to demonstrate your ability to examine legal sources and correctly cite and document legal and legislative information. These are essential foundation skills required to work as a paralegal in a legal office and for further studies within the legal profession. 


Task 2: 

Due: 13th October 2021

This product assessment task is the final of three assessment tasks you need to complete satisfactorily, in order to be deemed competent for this unit.  This assessment will allow you to demonstrate your ability to examine legal sources and correctly cite and document legal and legislative information. These are essential foundation skills required to work as a paralegal in a legal office and for further studies within the legal profession.


Task 3: 

Due: 20th October 2021

This product assessment task is the final of three assessment tasks you need to complete satisfactorily, in order to be deemed competent for this unit.  This assessment will allow you to demonstrate your ability to locate and examine legal sources and correctly cite and document legal and legislative information. These are essential foundation skills required to work as a paralegal in a legal office and for further studies within the legal profession. 



You are required to complete 3 tasks. You must successfully complete all 3 tasks to be deemed competent in this course.



Assessment Matrix

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


Other Information

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

 

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying. The following grades are available for this course.

 

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

SEC - Stopped engagement in course

WDR - Withdrawn from course

RSC - Remission (removal) of debt under special circumstances – applies where a student is granted a remission of debt in special circumstances after the census date.


Course Overview: Access Course Overview