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77740 Research Paper

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Postgraduate

Result type: Grade and marks

Requisite(s): 60 credit points of completed study in spk(s): C04148 Master of Law and Legal Practice OR 77896 Legal Process and Intellectual Property Overview OR 77905 Preparing for Intellectual Property Practice OR 70717 Evidence and Criminal Procedure
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76040 Research Thesis AND 78102 LLM Project by Research

Handbook description

This subject comprises the research and writing of a supervised thesis on an approved topic in law. The thesis length must be within the range 8000 to 12,000 words. Undertaking this subject provides an opportunity for undergraduate law students to further develop and refine their legal research and writing skills, as well as explore and analyse a topic of law of their own choosing.

Early submission of the proposal and form is encouraged. Forms are accepted and processed from Week 12 of the preceding semester. The last date to submit forms is the Friday, two weeks before the start of semester, to allow for processing.

More information regarding the honours degree is available at Juris Doctor with honours.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students are invited to attend a research workshop at the beginning of the semester to practice the development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes

1. Define a research question and identify an appropriate methodology (Attribute - Critical thinking)
2. Exhibit critical thinking reflecting currency of research and breadth and depth of knowledge (Attribute - Legal research and technological literacy; Critical thinking; Analysis and evaluation)
3. Critically analyse and evaluate relevant primary and secondary material (GA Legal research and technological literacy; Critical thinking; Analysis and evaluation)
4. Produce an original research paper demonstrating an effective writing style and reflecting sound reasoning, clarity of thinking and compliance with style requirements (Attribute - Critical thinking; Analysis and evaluation; Spoken and written communication)

Contribution to course aims and graduate attributes

UTS: Law has identified a number of professional attributes that Graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Teaching and Learning Strategies

In this subject you are expected to engage in independent research under the guidance and supervision of your supervisor.

While there are no formal classes in this subject, all students are expected to attend the Coursework Research Workshop usually held in the first week of the semester.

You are expected to meet with your supervisor throughout the semester on a mutually agreed basis.

Content

The research consists of an independent theoretical or empirical investigation of an approved topic in law. It is envisaged that the research thesis will build on existing abilities to write well-researched and critical essays, but goes beyond this in several fundamental ways as is apparent from the assessment criteria listed in the ‘Assessment’ section of the subject outline. The assessment for this subject consists of a supervised research thesis of 8,000 – 12,000 words (excluding footnotes/endnotes, appendices, tables and the bibliography).



Assessment

Assessment Item 1: Research Paper

Weighting: 100%
Length:

8,000 - 12,000 words excluding footnotes/endnotes, appendices, tables and the bibliography.
Criteria:

The criteria for assessing your Research Paper reflect the aims and objectives of the subject. More specifically, any marker will be concerned to see whether and if so to what extent you have:

  • presented a sustained thesis or argument supported by critically evaluated evidence,
  • understood the topic,
  • demonstrated originality and insight (The Research Paper should not merely be a collection of findings from literature. Rather, it should aim to draw together information from different sources (research, theory etc.) to address an area of inquiry by using literature or ideas that may never have been combined in this way before; by uncovering themes and patterns in your research; by interpreting or analysing existing literature or adding to the existing dialogue or debate on the topic).
  • demonstrated a high level of analysis and critically evaluation of the various issues raised by the topic,
  • demonstrated a high level of resolved discussion of the topic,
  • demonstrated a framework that articulates the overall approach to the discussion and (where appropriate) made explicit what theory, conceptual approach or model that has been brought to bear on the discussion of the topic,
  • developed reasoned, coherent and persuasive arguments,
  • demonstrated a logical progression to a conclusion,
  • researched your topic area to find and relevant (including up-to-date) materials, from both primary and secondary sources,
  • engaged with a broad range of relevant materials and, if appropriate, explored materials from disciplines other than law,
  • demonstrated an ability to think, research and write in an independent manner,
  • presented footnotes/endnotes and the bibliography in accordance with the Law Faculty's
  • preferred style as set out in the UTS:LAW Guide to Written Communication], and
  • demonstrated a standard of editing and presentation (Including presentation of footnotes/endnotes and bibliography in accordance with the Law Faculty's preferred style).

Required texts

Recommended texts

The following are recommended references for legal research, method, writing and referencing in general:

Legal method and legal research

•Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of research Third Edition, 2008
•Cook C Creyke R Geddes R and Holloway, Laying Down the Law 7th ed Butterworths Australia (introductory). 8th Edition, 2012
•Norman Denzin and Yvonne Lincoln (eds), The Landscape of qualitative research 4th Edition, 2012
•Tony Greenfield, Research methods for postgraduates, 2nd Edition 2009
•Mark Israel and Iain Hay, Research ethics for social scientists: between ethical conduct and regulatory compliance (2006)
•MacAdam A and Pyke J, Judicial Reasoning and the Doctrine of Precedent in Australia, Butterworths Sydney 1998.
•Simon Halliday and Patrick Schmidt, Conducting law and society research : Reflections on methods and Practices, CUP (2009)
•Sue Milne and Kay Tucker, A Practical guide to legal research 2nd Edition 2010
•Mike McConville and Wing Hong Chui, Research methods for law, Columbia UP (2007)
•Pearce D C and Geddes R S, Statutory Interpretation in Australia, Butterworths Sydney 7th Edition 2011
•Keith Punch, Developing effective thesis proposals (2006) update
•Gordon Rugg and Marian Petrie, A Gentle guide to research methods (2007)
•Watt R, Concise Legal Research 6th ed The Federation Press Sydney 2009.

Legal writing

•Asprey M, Plain Language for Lawyers 3rd ed The Federation Press Sydney 4th Edition 2010
•David Evans and Paul Gruba , How to write a better thesis 3rd Edition, 2012
•Steve Foster, How to write better law essays 2nd Edition, 2009
•Rupert Haigh, Legal English 3rd Edition, 2012
•Hutchinson H Researching and Writing in Law Lawbook Co Sydney 2010.
•Ros Macdonald and Deborah Clark-Dickson, Clear and precise: writing skills for today’s lawyer 3rd Edition 2010
•Michael Meehan, Grammar for lawyers (2007)
•Michael Salter and Julie Mason, Writing law dissertations: an introduction and guide to the conduct of legal research (2007)