Legal Research and Literacy Skills

Assessment Task

“What you are expected to be able to do is develop the skills of locating the relevant material and applying it to the particular facts of the question posed. The locating of the relevant material, in essence, is the skill of research. The application of the relevant material to the particular facts of the question posed by a client in legal practice involves the skill of practical legal research.”
(Boyle (et al), A Practical Guide to Lawyering Skills, 2001, Cavendish Pubs at p.59)
You are required to research the following topic and provide both a statement of methodology and a final written report on your findings.

The Judicial Concept of Precedent: Compile a report that indicates;
i. Relevant legal authorities (legislation and case law etc) relating to the nature and operation of precedent, and
ii. Commentary on the practical applications by courts

You will be expected to use the legal data bases as shown but can widen your research into other sources of information. The task will require gathering a range of materials and could include the following – a case decision, a piece of legislation, delegated legislation and a journal article (this is not a determinative list).

You will need to decide on a focus for the report by identifying some key issues, supported by the relevant materials found.
The assignmentmust contain the following sections:

A. Methodology:
Here you will explain HOW you did the research, what sources you identified and how you accessed them (what you found and evaluate how reliable the materials are).Include a bibliography of identified source materials. (Suggested 500 words).
B. Report on your findings:
This needs to include a brief summary of the topic materials together with the key issues identified and explained, linked to the research materials.Here you need to discuss (and ideally evaluate) the concept of precedent and the ways in which the courts interpret the concept.
(Suggested 1,000 words).

The assignment must be fully text referenced using OSCOLA system with an accompanying bibliography (bibliography and footnotes do not count within word limit).
Assessment criteria

This Research Report Assignment is to be 1,500 words in length (not including footnotes).
Students should use the OSCOLA footnote system of referencing.
Students should include a full bibliography (not counted in word limit).

The markers are looking for the following:

Part A.
Evidence of using on-line legal data bases for research.
Evidence of using hard-copy resources.
Clear selection and evaluation of sources located.
A clear statement of the methodology of HOW you located your source materials.

Part B.
A clear and focused Report which identifies key issues.
A coherent and concise explanation of the issues, linked to the research.
A clear structure and presentation of the information.
Proper use of language in writing (grammar, punctuation, spelling etc)

Learning Outcomes

This assessment will enable students to demonstrate in full or in part the learning outcomes identified in the unit descriptors. Specifically, the following are assessed;
Recognise the rules, principles and terminology of English law.
Identify sources of legal data including primary and secondary sources through a range of media.
Present legal research and arguments.
Communicate effectively in the written form.
Work effectively as an individual in completion of the set task

Further guidance

It has been observed that in the past students tend to do well in written assignments. However, there are a few common mishaps, and I have identified some for you here so that you may seek to avoid them.

1. Plan the assignment properly – do the research and make a coherent plan for the writing. Consider the requirements for Parts A and B.
2. Make sure that you demonstrate that you understand each particular concept or idea within the point you are discussing.
3. Provide full references. Identify the sources for the materials you have used and the points that you are making. Always give full citations – properly referenced using Oscola.
4. Avoid being overly descriptive in content – the markers do not want to see large quotations, or general coverage of texts. Try to state the ideas in your own words and be critical.

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