LAW 700 : Legal Research Methodology and Advanced Writing

Law

2024 Semester Two (1245) (0 POINTS)

Course Prescription

Multi-jurisdictional legal information sources and advanced legal research, research problem formulation and refinement, legal and social science research methodologies, research ethics and evaluative research trail. Legal writing for different purposes and different audiences.

Course Overview

This short course introduces you to ‘big picture’ notions around the higher level research and writing skills involved in your postgraduate law studies. You can only develop these skills over time through the process of your own study on the specific courses that you have selected. Nevertheless, these introductory sessions can highlight the available resources which will support you through your process of learning.

1. Legal research is a process.
Legal research involves far more than finding relevant materials. The process starts with initial analysis and involves broad investigation. You must be able to identify, refine and evaluate legal sources. You must also be very mindful of research ethics including citation and referencing.

2. Your writing will expand the existing body of legal scholarship.
The demands of writing at this high level will extend your already well-developed writing skills. You must be able to capture, organise and present complex legal information and you must be able to distil and present your ideas clearly. Your writing must be well-structured, authoritative and compelling. You are adding to legal scholarship, ‘joining the conversation’ in your professional areas of interest and, as a result, you must adjust your stance to writing and be prepared to expand your existing writing skills.

3. Your research and writing will be informed by numerous sources.
In this short, introductory workshop, you will see the many resources available to you through the University of Auckland Libraries and Learning Services and the Auckland Law School. You are advised to register for the available research and writing seminars offered each week at https://www.library.auckland.ac.nz/study-skills/postgraduate
The course introduces you to key legal resources available through the Davis Law Library, part of Libraries and Learning Services at the University of Auckland.

Immediately after the Postgraduate Introduction and Welcome session, our Davis Law Library staff will walk you through the available postgraduate learning resources and services available through the Faculty of Law and through the wider University’s Libraries and Learning Services.

We suggest that on the afternoon of the Orientation and Welcome session you take the opportunity to familiarise yourself with the physical facilities at the Davis Law Library and/or log on to Canvas to work through the self-paced, autonomous modules. On our Auckland Law School ‘Canvas’ learning platform you can find learning material about New Zealand legal resources and multi-jurisdictional legal research for Australia and the United Kingdom.

Building from this starting point and by using other online training options provided through the various commercial legal research databases to which we subscribe, you will incrementally develop your research skills throughout your studies and in parallel with attending classes in your substantive law courses.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Plan, research and write a research strategy for an extended essay. (Capability 3.1 and 6.1)
  2. Recognise the importance of correctly citing sources. (Capability 3.1)
  3. Utilise correct referencing techniques compliant with the New Zealand Law Style Guide. (Capability 3.1)
  4. Find, read, critically discuss and apply relevant primary and secondary sources to legal writing. (Capability 3.1, 4.1 and 5.1)
  5. Create, refine and communicate a structured initial analysis of a research question or problem with your professors’ guidance. (Capability 4.1)
  6. Initiate collaborative relationships to sustain them throughout the rest of their program. (Capability 7.1)

Assessments

Assessment Type Percentage Classification
Academic Integrity Course 50% Individual Coursework
DELNA English Language Assessment 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Academic Integrity Course
DELNA English Language Assessment

Workload Expectations

This is a 0-point course. There will be around 10 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 30 hours.


Delivery Mode

Campus Experience

Attendance is expected at scheduled activities to receive credit for the course.

Other learning activities will be available online in Canvas.

Attendance

New Zealand Law Graduates Day 

1: Attendance required in Session 1, Introduction; Session 2, Legal Research and Library Resources; and Session 5 Legal Problem Analysis

Day 2: Attendance required in all sessions

Law graduates from Common Law jurisdictions Day 1 and Day 2 (full day)

UoA BCom graduates Day 1 and Day 2 (full day)

All other students Day 1 and Day 2 (full day)

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Prescribed Text
Alice Coppard and others New Zealand Law Style Guide (3rd ed, Thomson Reuters, Wellington, 2018).
Available online at https://www.lawfoundation.org.nz/style-guide2019/index.html

Recommended Reading
Mary-Rose Russell (ed) Legal Research in New Zealand (LexisNexis, Wellington, 2016).
K79 L1 RUS Available in Davis Main Collection.

Stephen Penk and Mary-Rose Russell New Zealand Law: Foundations and Method (2nd ed, Thomson Reuters, Wellington, 2018).
KL28 PEN Available in Davis Short Loan and the General Library 349.95 P41 2018.

Richard Scragg (ed) Legal Writing: A Complete Guide for a Career in Law (LexisNexis, Wellington, 2015)
K101 SCR Available in Davis Short Loan and 5 Day Loan.

Terry Hutchinson Researching and Writing in Law (3rd ed, Thomson Reuters (Professional) Australia, Pyrmont (NSW), 2010).
K79 K1 HUT 2010 Available in Davis Main Collection and Quick Reference.

Jenny Buxton, Susan Carter and Sean Sturm Punc Rocks: Foundation Stones for Precise Punctuation (2nd ed, Pearson, Auckland, 2012).
K105.2 BUX 2012 Available in Davis Main Collection and other locations.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Students have found the sessions valuable.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.