LAW4003 SER D

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LAW4003 - SER D
Advanced Legal Research
Semester 2, 2007
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SER D Unit Leaders

• Kay Tucker, Poh York Lee
• email serd_at_law.monash.edu.au
• email policy
• from 2006 stand alone unit 2nd year up
• Last semester of SER D

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In this session

• Why, What, How
• Assessment
• Feedback
• Course materials
• Seminar outline
• Online component

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WHY

• reinforce and build upon your existing legal
  research skills
• skills to tackle optional assignments in other
  units
• skills necessary for entering the workforce
• Articled Clerk
• Government/Law Reform agency
• Further study/academia

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Why

• To be able to answer a legal problem
• Techniques to use if youre not familiar with a
  legal area
• Be familiar with appropriate sources to save your
  time (and your clients time)

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Broad Learning Objectives

• describe and demonstrate the process and stages
  of legal research
• efficiently and effectively use legal research
  tools and reflect on their relative merits
• recognise the rationale behind the legal research
  process and apply the process to a range of legal
  research scenarios

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What are the steps in legal research?

• 1. Analyse the problem by identification of
  relevant facts
• 2. Identify the relevant general legal issues
• 3. Locate the rules that govern the legal issues
  as identified
• 4. Interpret and assess results of your research
• 5. Apply research results to the facts in support
  of particular arguments.

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Analysing a legal problem

• 1. the broad legal topics under which to search
• 2. key facts
• 3. leading cases
• 4. authorising legislation
• 5. relevant jurisdictions

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Assessment

• Research activities (100)
• 2 activities (approx 2000) worth 50 each
• given a scenario to research submit an annotated
  reading list of primary and secondary sources and
  an analysis of selected research tools
• Activity 1 based on knowledge gained from weeks
  2-7 (Australian resources) due by 5pm Monday
  August 27, 2007
• Activity 2 based on knowledge gained from weeks
  8-11 (Foreign resources) due by 5pm Monday
  October 8, 2007
• Access and submit via MUSO

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Research Activities

• Objectives
• Ability to locate primary and secondary sources
  given certain information (reflects the work
  situation)
• Develop skills in selecting appropriate and
  useful materials and justifying their inclusion
  (eg. the most authoritative cases, the relevant
  section of legislation, a current relevant
  entry in a legal encyclopaedia, a current article
  written by an expert in a refereed journal)

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Research Activities cont

• Objectives
• Learn how to effectively use research tools and
  write a report communicating this to the reader.
  Both research and writing are essential skills
  for the workplace.
• Be able to succinctly write a report on the
  research undertaken. Including
• key search terms and how to combine them
  effectively for optimum results
• An explanation of how to use certain databases
  most effectively so that the reader could carry
  out similar research with ease.
• Back up your assertions/recommendations with
  evidence use examples to justify

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Feedback

• Activity 1 general feedback document posted to
  MUSO after all submissions received. Read prior
  to submitting Activity 2
• Activity 1 marks posted prior to Activity 2
  submission
• Short self test questions with answers are
  available for practice on MUSO

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Feedback cont.

• Email queries answered HOWEVER make sure you have
  read the detailed assessment guidelines and/or
  general feedback FIRST
• Check Notices regularly for additional feedback
• Questions welcome in class time

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Course materials

• Contains print copies of most online materials
  (not self-test questions or web links)
• Organised by week (introduction, readings, notes)
• Check online Notes as they may be more up-to-date
  
• For use during the unit and as reference later

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Class schedule

• Classes at certain weeks in the 4th Floor
  Computer Lab
• Classes reinforce use of online materials and
  allow for discussion and questions.
• See Class Schedule in materials/MUSO/Portal
• Monday 1.00-2.00pm (extra class)
• Monday 2.00-3.00pm Monday
• Wednesday 11.00am-12.00pm

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Class Schedule

• Week 1 Introduction
• Week 2 CCH Online
• Week 3 No scheduled class
• Week 4 Australian Case Law

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Class schedule (cont.)

• Week 5 No scheduled class
• Week 6 Australian legislation
• Week 7 No scheduled class
• Week 8 Foreign primary materials on Westlaw

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Seminar Outline (cont.)

• Week 9 Foreign legal materials on Lexis.com
• Week 10 No scheduled class
• Week 11 Revision class
• Week 12 No scheduled class

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MUSO

• is an online teaching learning tool (using
  WebCT)
• Access to all materials
• Submission and feedback for all assessment
• Discussion - questions/comments from students
• Announcements check regularly

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To get to MUSO

• 1. Go to http//my.monash.edu.au
• 2. Click on LAW4003. This brings you to the SER D
  unit page.
• 3. Scroll down to Learning Teaching Tools
  click on Monash University Studies Online
• 4. Important make sure you have the correct
  software settings Java is required contact
  MUSO Support for help

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Check Announcements regularly
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First Exercise
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Notes

• explain legal research concepts
• provide practice in searching the databases using
  an example research topic
• you may not need to work through every example
• help you to answer the activities which use a
  different research problem
• Test Yourself questions

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• We hope you enjoy this unit!