LAW7079

Research methods

Ms P Kinder

Lectures/workshops and computer laboratory sessions
* First and second semesters
* City and Clayton

Objectives Upon completion of this subject students should have developed (1) an understanding of the nature of legal research and the development of the research question; (2) an understanding of the purpose and use of secondary sources; (3) an understanding of the method for location of caselaw and legislation together with the relevant methods and sources for updating; (4) knowledge of Australian and overseas official publications; (5) the ability to prepare and conduct complementary searches for relevant articles; legislation; caselaw; using CD-Roms, online databases and the Internet; (6) an ability to compare and evaluate existing print sources with electronic sources for the purpose of effective and thorough research; (7) an ability to undertake interdisciplinary research on non legal sources; (8) developed an ability for undertaking independent legal research.

Synopsis The course will cover the nature of legal research, the development of a research question and research techniques. Existing knowledge of caselaw and legislation sources will be extended through undertaking Modules which look at new legal sources and non legal sources relevant to interdisciplinary research. While print sources will be referred to, a greater emphasis will be placed in the unit on teaching the new and burgeoning electronic sources together with the resources of the Internet. The course will introduce non law students to the basic legal research skills, sources and methodology necessary for researching a major legal research assignment. All students will be expected to undertake module I (3 hours). Students undertaking LAW7212 (Australian legal system) will be required to take modules I and VIII as part of that subject. Non law students must do modules I to V and VIII and are encouraged to attend extra sessions. The modules are: I Introduction to the Law Library and nature of legal research. II Primary sources: Australian - (A) Legislation; (B) Government publications. III Primary sources: Australian - Caselaw. IV Primary sources: English: Caselaw. V Primary sources: English - Legislation. VI Primary sources: United States: Caselaw. VII Primary sources: United States - Legislation. VIII Secondary sources: Methods for locating commentary on general and/or specific subject areas such as family law, criminal law and commercial law. IX International sources: including the European Community.

Assessment Research exercises: 50%
* Research strategy aligned with a major research assignment: 50%

Texts

A set of class materials will be issued