76090 Research Methodology

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Subject handbook information prior to 2024 is available in the Archives.

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

Requisite(s): 71116c Remedies
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
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)

1.	Demonstrate knowledge of the broad contexts of legal research and various research methods including doctrinal methods, socio-legal methods and Indigenous research methods.
2.	Critically analyse and evaluate research, define effective research questions and justify suitable research methods.
3.	Design and execute advanced research strategies to locate research materials, including advanced legal research.
4.	Be a reflective researcher with the ability to present a sound research approach, critically evaluate the research design of others and give and use constructive feedback.
5.	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:

• Ethics and Professional Responsibility
  A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
  a. An understanding of approaches to ethical decision making and professional responsibility;
  b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
  c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively, including the ability to:
  a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
  b. Apply reasoning and research to generate appropriate responses;
  c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
  d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
• Collaboration
  Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
  a. An ability to give and receive feedback;
  b. Appropriate professional and interpersonal skills in working collaboratively;
  c. A capacity to develop strategies to successfully negotiate group challenges; and
  d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
• Indigenous Professional Capability
  Bachelor of Law graduates will:
  Apply knowledge and skills to develop professional capabilities to work effectively with and for Indigenous peoples and communities across the law profession. (LAW.7.1)

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’ research skill development, engagement in learning activities, ability to present their own research and to give and receive feedback.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.3.1, LAW.6.1 and LAW.7.1
Weight:	30%
Length:	1000 words
Criteria:	There are three separate assessable tasks: 1 Participation in self-directed learning activities to develop research skills (5%) Criteria for assessment Thorough and accurate completion of assigned activities in online learning modules 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 (15%) 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 students’ development as researchers, including abilities to engage critically with the work of others and articulate their own research.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.3.1
Weight:	35%
Length:	1500 words (no 10% leeway)
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 students’ maturation as researchers, including skills in research strategies, critical analysis and writing to prepare content for a research proposal. This will support the proposal required for students who apply to undertake a Law Honours project.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.3.1
Weight:	35%
Length:	1500 words (no 10% leeway)
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

Students will access required readings through the subject site on Canvas and the UTS Library. There is no required textbook.

Recommended texts

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

Lina Kestemont, Handbook on Legal Methodology: From Objective to Method (2018, Intersentia)

Jay Sanderson and Kim Kelly, A Practical Guide to Legal Research (5th ed, 2021, Thomson Reuters)

Dawn Watkins and Mandy Burton (eds) Research Methods in Law (2nd ed, 2017, Routledge)

Mike McConville and Wing Hong Chui, Research Methods for Law (2nd ed, 2017, Edinburgh University Press)

Marci Hoffman and Mary Rumsey, International and Foreign Legal Research: A Coursebook (2nd ed, 2012, Nijhoff)

Peter Cane and Herbert Kritzer, The Oxford Handbook of Empirical Legal Research (2012)

Mark van Hoecke (ed) Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? (2011, Hart)

Simon Halliday and Patrick Schmidt, Conducting Law and Society Research: Reflections on Methods and Practices (2010, Cambridge University Press)