78730 Postgraduate Legal Research

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 2025 is available in the Archives.

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

Requisite(s): ((94 credit points of completed study in 94.0000000000 Credit Points spk(s): C04236 Juris Doctor OR 142 credit points of completed study in 142.0000000000 Credit Points spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in 94.0000000000 Credit Points spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in 94.0000000000 Credit Points spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in 94.0000000000 Credit Points spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76090 Research Methodology AND 78100 Postgraduate Legal Research

Description

Postgraduate legal research is designed to prepare postgraduate students in law to undertake a substantial research project at an advanced level. 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 assessment.

Subject learning objectives (SLOs)

1.	Demonstrate and apply 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.

Teaching and learning strategies

Strategy 1 Self-directed learning

Strategy 2 Interactive learning

Strategy 3 Development of research portfolio

Subject Delivery: Weekly learning activities

Content (topics)

1 The nature of legal research

2 Research questions

3 Research methods

4 Linking methods to a research question

5 Library and technical research skills

6 Critical Appraisal skills

7 Developing a research topic

8 Literature review

9 Effective written communication

Assessment

Assessment task 1: Participation

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: .1, .1, .1 and .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

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: .1, .1, .1 and .1
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

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: .1, .1, .1 and .1
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

Minimum requirements

50% overall

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)