Improving Law Student Research Assignments

Student Assignment

FeedbackSome areas commonly in need of attention

What went wrong? How can I improve?

Feedback

Plan

Implement

Reflect

Review

Improve

Where is the feedback?

This is feedback

Your paper is marked up

Your result is given according to a rubric

Discussions in class

Demonstrated understanding

of the law

Accuracy

Was it correct

Familiarity

Was it correctly cited

Thoroughness

Were all sides covered

Examples of unfamiliarity with

the law: case law

Quoting a judge who does not exist

Asserting a statement of law from a case – where the

case did not find that. For example:

Re Edwards found a possessory interest, not a proprietary

interest

Referring to Supreme Court when citing a High Court

decision

Unfamiliarity with the law:

legislation

For involving state jurisdiction, each Australian jurisdiction

is likely to have legislation governing the issue.

Demonstrate your understanding of the issue by

identifying this, and justifying your use of a particular

example.

Eg: organ transplants are covered by most jurisdictions.

Identify the jurisdiction of the legislation you cite

Clarify that there are equivalent provisions in other

jurisdictions

ResearchHow wide; how deep; what quality…

Sources

Varied? Authoritative? Cited?

Second-hand?

It may be

correct…

but is it

authoritative?

Did you explore

the issue?Often a more circumspect

approach will garner support for

an argument.

This requires thinking around the

issue: are there other arguments?

Did you address these?

Did you read

widely?Some students rely very heavily

on one or two authors for all

arguments.

The aim is to have a variety of

views, and to weave them into

your argument.

Did you over-

quote?Use a variety of sources and

synthesise the sources into your

argument

Writingquestion

parts

paragraphs

sentencesgrammar

referencing

conclusion

Macro

Micro

Structure: macro

Introduction Contains

question to be answered

Body: paraslink

One idea per para

Argument builds

Conclusion matches

intro

Grammar: micro

Is it a sentence?

Is it a run on sentence?

Random capitalisation

Apostrophes Verb

agreement

Does your

sentence

represent

a complete

thought?

Or is it a

fragment?

“A RUN-ON

SENTENCE

(sometimes called a

‘fused sentence’)

has at least two

parts, either one of

which can stand by

itself (in other words,

two independent

clauses), but the two

parts have been

smooshed together

instead of being

properly connected.

”

Random Capitalisation

(see what I did there?)

“Lawyers love to capitalize words. Pleadings, including proposed

orders, are commonly full of words that are capitalized, not quite

randomly, but certainly with great abandon. Please limit the use of

capitalization to proper names. For example, do not capitalize

court, motion, movant, debtor, trustee, order, affidavit, stipulation,

mortgage, lease or any of the other numerous words that are

commonly capitalized.

”Justice Kressel, US Bankruptcy Court

ABA Journal, 14 December 2009

http://www.abajournal.com/news/article/bankruptcy_judge_orders_lawyers_to_stop_using_capitalization_with_abandon/stay_connected

/newsletter

See AGLC: rule 1.7

Please use apostrophes to

show possession

http://wwword.com/20/get-it-right/apostrophes/

ReferencingAustralian Guide to Legal Citation (3rd ed)

Footnote follows punctuation:

rule 1.1.2

…a majority of the High Court declared an

exception to the ‘no property rule’ through the

application of the work and skill exception.1

NOT:

…exception1.

Subsequent references: rule

1.4

Author’s surname, above n [footnote number], pinpoint.

Quotes: rule 1.5.1

Longer than three lines: long quote

New para Indent

No quote marks!

Smaller font

Shorter than three lines = short quote

Single quote marks! ‘

Headings: rule 1.15

I HEADING LEVEL ONE

A Heading Level Two

1 Heading Level Three

Avoid using more levels than this, but if need be, refer to

AGLC.

Cases: rule 2

Italics name v other name | (year) | Vol | Abbreviated

Reports | page

Prefer authorised version (rule 2.3.1)

Use pinpoint references (rule 2.5) but separated by a

comma; not ‘per Judge X’ or ‘at’

Do not use parallel citations (rule 2.7)

Legislation: rule 3

Name in italics including year (Jurisdiction)

Don’t forget the jurisdiction!

Take care how you cite jurisdictions

NSW, WA, NT, SA, ACT

Qld, Vic, Tas, Cth

If you write QLD or VIC or CTH…the reader thinks that you

are YELLING at them

Journal articles: rule 4Use capitals in headings

‘Proprietary Rights in Body Parts: The Relevance of Moore's Case

in Australia’

Use single quote marks for the title

Write full journal name, in italics: Monash University Law Review

Is it an electronic journal? Or not?

Not electronic journals:

http://search.informit.com.au.elibrary.jcu.edu.au/search;rs=2;rec=1;action=showCompleteRec

http://www.austlii.edu.au/au/journals/MonashULawRw/1993/10.html

Ask yourself: how can you

improve?Research:

quality/breadth

Understanding

Writing: macro

Writing: micro

Kate Galloway

April, 2015