76090 Research Methodology

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2020 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 70102 Foundations of Law
There are course requisites for this subject. See access conditions.

Description

Research Methodology is designed to prepare undergraduate students in law to undertake a substantial research project at an advanced level, such as an honours thesis. This subject is compulsory for those students who wish to be awarded a Bachelor Degree with Honours and who are enrolled in LLB Honours Courses. Through a combination of interactive and self-directed learning activities, students are provided with a thorough grounding in what it means to undertake legal research and to produce an effective research strategy and high quality legal writing. Students have an opportunity to explore a topic of their own choosing and produce content for a research proposal. This subject is of particular interest to students who are considering a higher research degree in law.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	Critically analyse and evaluate research, define effective research questions and justify suitable research methods.
2.	Design and execute proficient search strategies to locate research materials.
3.	Be a reflective researcher with the ability to present a research approach, critically evaluate the research design of others and give and use constructive feedback.
4.	Prepare content for a written research proposal that demonstrates advanced critical thinking, academic writing and research skills.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices (LAW.3.0)
Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues (LAW.4.0)
Communication and Collaboration
Effective and appropriate communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (LAW.5.0)
Self management
The ability to implement appropriate self-management and lifelong learning strategies, including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and a capacity to adapt to and embrace change (LAW.6.0)

Teaching and learning strategies

Strategy 1: Self-directed learning

Students complete self-directed work to develop their knowledge and skills as researchers. This work includes: completing readings, especially to understand, analyse and appraise different types of research; preparing responses to questions to inform critical reflection and interactive discussion; and completing research skills training, especially using UTS Library resources. Students also engage in self-directed work to develop their own research topic and prepare content for a research proposal.

Strategy 2: Interactive learning

The ability to understand the research process and analyse different approaches to research are essential academic and professional skills for law graduates. Interactive strategies include discussion-based and collaborative learning, where students apply their strategic and critical thinking to identify and analyse issues related to the design, conduct and reporting of research. Interactive strategies also provide students with opportunities to develop research questions and design effective plans to conduct research using appropriate methods.

Strategy 3: Development of a Research Portfolio

Students will produce a portfolio of work that demonstrates their development as researchers. The portfolio is created through completing a set of structured activities and provides a record of students’ efforts, progress and achievements in relation to the Subject Learning Objectives.

Subject Delivery

This subject is delivered through weekly learning activities.

Content (topics)

The nature of legal research
Research questions
Research methods
Linking methods to a research question
Library and technical research skills
Critical appraisal skills
Developing a research topic
Literature review
Effective written communication
Developing a research proposal
The supervisor relationship

Assessment

Assessment task 1: Participation

Intent:	This task is intended to assess students’ ability to critically assess their own and others’ research and oral expression of their own research and of feedback on others’ research.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0, LAW.5.0 and LAW.6.0
Weight:	30%
Length:	1000 words
Criteria:	There are three separate assessable tasks: 1 Participation in self-directed learning activities to develop research skills (10%) *Criteria for assessment* Thorough and accurate completion of research skill activities, such as designing and conducting searches for primary and secondary sources Consistency of engagement in self-directed activities 2 Participation in interactive learning activities (10%) Criteria for assessment Effective preparation Consistency of participation Quality of participation, including reflective and collaborative discussion of learning materials and engagement in activities 3 Presenting a research outline and giving and responding to peer feedback (10%) Criteria for assessment Timely posting of a research outline Clarity of the research outline Ability to give constructive, supportive and respectful feedback on peers’ research outline Ability to exercise judgment when considering and responding to peers’ feedback on own research outline Succinct, clear and professional written communication

Assessment task 2: Research Portfolio � Part 1

Intent:	This task is intended to assess analytical and research skills and forms the basis of the literature review which will be included in the research proposal.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0, LAW.5.0 and LAW.6.0
Weight:	35%
Length:	1500 words
Criteria:	Complete and accurate declaration of research skill activities completed (up to date of submission) Initial statement of research topic, with attention to the features of a good research question Ability to engage in critical reflection on research methods in law Succinct, clear and professional written expression, with correct legal referencing

Assessment task 3: Research Portfolio � Part 2

Intent:	This task is intended to assess written, analytical and research skills in creating a research proposal. This may form the basis of their honours thesis.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0, LAW.5.0 and LAW.6.0
Weight:	35%
Length:	1500 words
Criteria:	Complete and accurate declaration of research skill activities completed (up to date of submission) Revised statement of research topic, that demonstrates development as a reflective researcher and maturing of attention to the features of a good research question Quality of a concise literature review that demonstrates appropriate research, analysis and synthesis of relevant sources for a research project Suitable presentation and justification of a database search strategy and proposed approach to analysing documentary sources for a research project Succinct, clear and professional written expression, with correct legal referencing

Required texts

Hutchinson, T, Researching and Writing in Law (4th ed, 2018, Lawbook)

Recommended texts

Dawn Watkins and Mandy Burton (eds) Research Methods in Law (2013, Routledge).

Australian Guide to Legal Citation (3rd ed 2010) available online

http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf

Michele Asprey, Plain Language for Lawyers (3rd ed, 2003)

Wayne Booth, Gregory Colomb and Joseph Williams, The Craft of Research (2nd ed, 2003)

Bott, Cowley and Falconer, Nemes and Coss' Effective Legal Research, (3rd ed, 2007)

J Bell, Doing your Research Project: A Guide for First-Time Researchers in Education and Social Science. (Open University Press, 4th ed, 2005)

Alan Bryman, Social Research Methods (2012, OUP)

Cook, Creyke, Geddes and Hamer, Laying Down the Law (7th ed, 2009)

P Cryer, The Research Students Guide to Success. (Open University Press, 3rd ed, 2006).

Margaret Davies, Asking the Law Question (3rd ed, 2008)

S Delamont, Supervising the PhD: A Guide to Success. (Open University Press, 3rd ed, 2006).

Norman Denzin and Yvonna Lincoln (eds), The Landscape of Qualitative Research (1998)

Norman Denzin and Yvonna Lincoln (eds), Strategies of Qualitative Inquiry. (Sage, 1998).

David Evans and Paul Gruba, How to Write a Better Thesis (2nd ed, 2002)

Foster, S, How to Write Better Law Essays (2007)

N Graves and Verma, V, Working for a Doctorate: A Guide for the Humanities and Social Sciences. (Routledge, 1997).

Tony Greenfield (ed), Research Methods for Postgraduates (2nd ed, 2002)

Rupert Haigh, Legal English (2008)

Simon Halliday, Conducting Law and Social Research: Reflections on Methods and Practices (2009)

Mark Israel and Iain Hay, Research Ethics for Social Scientists: Between Ethical Conduct and Regulatory

Compliance (2006)

Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's lawyer (2nd ed, 2005)

Tim May, Social Research: Issues, Methods and Process (2nd ed, 1997)

Mike McConville and Wing Hong Chui, Research Methods for Law (2007)

Margaret McKerchar, Design and Conduct of Research in Tax, Law and Accounting(2010)

M Meehan, Grammar for Lawyers (2007)

Sue Milne and Kay Tucker, A Practical Guide to Legal Research (2008)

R Murray, How to Write a Thesis. (Open University Press, 3ed ed, 2011).

Keith Punch, Developing Effective Thesis Proposals (2000)

Gordon Rugg and Marian Petrie, A Gentle Guide to Research Methods (2007)

Michael Salter and Julie Mason, Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal

Research (2007)

Anita Stuhmcke, Legal Referencing (3rd ed, 2005)

Mark Van Hoecke (ed) Methodologies of Legal Research: Which kind of Method for what kind of discipline? (2011,

Hart)

Rob Watt and Francis Johns, Concise Legal Research, (6th ed, 2009).