Skip to main content
Unit of study_

LAWS6077: Legal Research 1

Semester 1, 2021 [Normal evening] - Remote

Description: The primary goal of this unit is to develop skills in undertaking a significant piece of legal research at levels of sophistication suitable for examination. At the conclusion of the unit it is anticipated that members of the class will be able to conceptualise the issues to be researched; will be able to locate relevant legal and other materials (using both hard copy and electronic bibliographic aids); will be able to place and sustain an argument (a 'thesis'); and will be able to assess both the quality of that work and to judge the merits of other approaches to planning such research. It is expected that students will become familiar with using comparative materials (both within the federation and international), and will gain a working familiarity with relevant research techniques of other disciplines in the social sciences. The unit aims to encourage debate about the respective merits of different approaches, ethical issues, and the hallmarks of 'quality' research.

Unit details and rules

Unit code LAWS6077
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Terry Carney, terry.carney@sydney.edu.au
Type Description Weight Due Length
Participation Class Participation
Active engagement with the readings and class involvement
10% Ongoing Ongoing
Outcomes assessed: LO2 LO5 LO4
Assignment Critical Analysis
Students to comment on other students' research strategy essay
30% STUVAC
Due date: 12 Jun 2021 at 18:00
2000wd
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Research Essay
A research strategy essay on student's thesis topic
60% Week 12
Due date: 26 May 2021 at 23:00
6000wd 60% (or 70% extrapolated)
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Class participation: Students are expected to engage with the readings and involve themselves in the unit by active participation in class.

Research strategy essay: This is an essay on your thesis topic, which develops a research strategy on the selected topic, and incorporates a literature review and a search of relevant authority and statutory material (including, as applicable, comparative and international material): approximately 6,000 words (or however many/few appropriate to the topic): 60% (or 70% extrapolated).

Critical analysis: This involves critically analysing another student’s research strategy essay, commenting on its strengths and weaknesses, on possible lines of inquiry which could have been pursued, and on sources that may have been overlooked. The assessment will be released on 2 June 2021 at 18:00 and submitted by 12 June at 18:00.

Assessment criteria

As a general guide, a high distinction indicates work of clear HDR standard, a distinction a very high HDR standard, a credit a good HDR standard but with significant work needed, and a pass a less than acceptable standard.  All grades need to be understood in the context of the detailed written feedback provided when material is returned to the candidate with that grade attached

Result name

Mark range

Description

High distinction

85 - 100

Work receiving a high distinction grade will exhibit the characteristic that it demonstrates very strong HDR thesis level performance (for the requisite thesis level) and/or confidence in thesis planning and execution, including but not limited to:
• its originality of thesis argument, methodological approach and analysis.
• its exhaustive or innovative research.
• its high proportion of publishable quality writing.

Distinction

75 - 84

Work receiving a distinction grade will generally exhibit high level attainment of or potential to reach all qualities relevant to the HDR thesis in question, but will have identified deficiencies that require to be rectified in order confidently to be assured of realising those qualities in the final thesis.

Credit

65 - 74

Work receiving a credit grade will generally reflect retention of confidence that a viable HDR thesis of the requisite standard is ultimately realisable, but that serious and potentially fatal deficiencies currently appear across one or more relevant thesis attributes, the rectification of which is vital.

Pass

50 - 64

Work receiving a pass grade will lack sufficient evidence of doctoral qualities or potential to achieve those standards in the future as to call for fundamental reconsideration, development of capacities or other quite major improvements in a thesis that on current indications is headed towards failure at assessment.  The pass grade is applied because the unit is a support seminar and the grade indications and other advice provided during the course are designed to enable the candidate to regain the qualities relevant to HDR level thesis work

Fail

0 - 49

A fail grade, which would effectively require repeating of the unit, and perhaps termination or suspension of candidature, is rarely ever considered.  Instead a very low pass grade is the preferred way of conveying that assessment to the candidate.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Because other members of the class are relying on the prompt and properly formatted strategy paper (one original plus a mandatory copy with name removed) NO extension is granted on this element. Requests for extensions on other elements are not entertained as such: if it is not on time, attach an explanation; in the interests of equity between members of the class, marks will be adjusted, or the paper rejected, depending on the delay. You must rely on your own judgment about how this policy will be applied at the time.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 The Aims of Legal Research Seminar (2 hr) LO1 LO2
Week 02 Structuring a thesis; Whys and whats of a strategy Seminar (2 hr) LO2
Week 03 Introducing the electronic library Seminar (2 hr) LO3
Week 04 Managing references, reference materials and citations: Using Endnote Software Seminar (2 hr) LO3
Week 05 Using full text data bases Seminar (2 hr) LO3
Week 06 The role of legal theory and theoretical paradigms Seminar (2 hr) LO3
Week 07 The role of surveys and social science methods Seminar (2 hr) LO4
Week 08 Interdisciplinary, law reform and social policy techniques Seminar (2 hr) LO4
Week 09 Planning and executing a research project Seminar (2 hr) LO5
Week 10 Writing up research Seminar (2 hr) LO5
Week 11 The ethics of research Seminar (2 hr) LO2 LO5
Week 12 The assessment and publication of research Seminar (2 hr) LO2 LO5
Week 13 Overview Seminar (2 hr) LO1 LO5

Attendance and class requirements

  • Attendance: Classes will be conducted remotely by Zoom. All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

    Word Count or other penalties: No word count penalties apply, because assessment tasks are tailored to the particular thesis of the candidate (the Strategy) or another candidate (the Critique) but economy and clarity of communication is appreciated.  As for the final dissertation, candidates are expected to include text and references in word counts, excluding only preliminary matter aand appendices.  See information on Canvas for variation to late submission (not entertained) and penalties (differently applied than in Assessment procedure 2011)

    Referencing: Referencing should follow an accepted legal referencing style guide such as the Australian Guide to Legal Citation (4th edition, 2018*) or OSCOLO, or an Author date in-text referencing style (such as Harvard Social Science) as agreed after consulting the Unit Coordinator and HDR supervisory team.

  • Annual progress evaluation: Evidence of completion of this unit i.e. meeting your progress milestone must be provided. It is mandatory that YOU upload the Unit Coordinator’s graded assessment feedback form online with your next annual progress evaluation form when available.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

There is no prescribed list of readings, though Hutchinson (below) will be a very helpful acquisition.

Hutchinson, T., Researching and Writing in Law (Sydney: Thomson Reuters/Lawbook Co., 4th ed, 2018). 

Material will be referred to during the course, and students are expected to engage in independent reading on the topics covered.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. The assessment regime is constructed to provide a major opportunity to revise planning for the HDR thesis and undertake its development — including all the preliminary research — to the point of commencing its execution (the ‘strategy’). The other significant course component involves (anonymous) critiquing of the plan developed by a colleague in the class, separately from the course leader. By both ‘doing and reviewing,’ members of the class will obtain two different practical perspectives on undertaking higher order research
  • LO2. understand basic concepts and techniques of HDR and the aims and methods of legal research
  • LO3. find the law and other primary materials using all appropriate on-line data bases, including grey literature in governmental, inter-governmental and other locations
  • LO4. understand the range of methodologies of legal and inter-disciplinary research and appreciate how to match selection of a methodology appropriate to the aims of your own thesis
  • LO5. understand how to present and justify HDR arguments based in schloarly research, including logistical challenges, the special characteristics of higher degree writing, ethical obligations and the basis for deciding whether research is of publishable quality.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.