Indicative Content
In the Use of Legal Sources & Legal Research workshops which precede preliminary research ahead of completion of the 8th Subject assignment, students are introduced to the use of legal sources and effective ways of accessing up-to-date legal materials. They are also introduced to techniques for the effective conduct of research, and deployment of research results.
Assisted by work in those sessions, and directed and independent study, participants acquire knowledge and skills relating to the research of:
1. The various forms of statute law in the UK, including statute law, primary and secondary legislation, EC Law (regulations, directives, decisions, treaty provisions, ECJ judgments, etc), and its policy background and context, doing this in an applied setting.
2. Case law precedents as they inform the application of statute law; and case-law (and the skills of extracting and using case-law and precedent, assisted by IT, particularly in an adversarial context).
3. EC Law as a source, having regard to its status in the hierarchy of law operating in the UK and the problems UK-based lawyers face in the application of EC Law in the UK context.
4. Human rights law since the Human Rights Act 1998, and the difficulties for researchers associated with researching up-to-date human rights law as it develops.
5. Academic sources relating to 1 - 4 above, assisted by hard copy publications like major works, web-based sources, data bases, and journals: and analysing those sources, and distilling information for use to deploy in a legal studies context.
They are also introduced to
- 'best practice' in the way research projects are developed.
- ways of preparing for the initial stages of dissertation work, utilising effective approaches to structuring and presenting work that is expected of a Level 6 Law student
- academic conventions and protocols relating to footnoting, referencing, cross-referencing, and recording the results of research.
Learning Strategies
The module is delivered by a mix of contact sessions (1 x 1 hour, and 1 x 2 hour workshops) and directed/self-managed tasks and study. Before the start of the module and the workshops, students will have been introduced to legal skills like Enquiry during the ELS course, during which preparatory research is undertaken ahead of ELS sessions. The workshops develop key skills still further, with a focus on the preparatory stages of legal research, structuring research exercises, and the targetted deployment of the results of research tasks.
The context is that participants are preparing projects and undertaking preliminary research as they prepare for their CPE 8th Subject Assignment (5000 words). As part of that work they are required to produce (in the Research Skills & Project Outline) an outline of their proposed work. Participants have the incentive of preparing this initial work effectively, as it is the gateway to their formally assessed 8th Subject dissertation work. CPE regulations make it clear that research skills, and evidence of their effective use, must be assessed - and this stage of the CPE programme prepares them for this.
WHOLE-GROUP SESSIONS/WORKSHOPS (3 hours)
INDEPENDENT STUDY: Pre-session directed and self-managed study; completion of tasks; and reading relating to workshop tasks (22 hours)
Assessment Details
An ASSIGMT length 3000 WORDS made up of two components, each weighted at 50%, and submitted after attending the Use of Legal Sources & Legal Research workshops. The components are:
(1) Use of Legal Sources & Research Skills Assignment (2000 words) (assessing Learning Outcomes 1, 2)
(2) Research Skills & Project Outline (1000 words) (assessing Learning Outcomes 3, 4)
Students must obtain a mark of at least 40% in each component. Although it is a formal course requirement to take and pass this assessment, the marks gained do not count towards students' results.
Resources
Access to appropriate texts, legislation and case law.
Module Study Guide.
Computing facilities will be needed to access material available on Blackboard and specialist on-line databases such as Lexis, Westlaw, BAILII and the Law Commission site.
Texts
Holland, J. & Webb ,J. 'Learning Legal Rules', Oxford University Press
Slapper, G. & Kelly D, 'English Legal System', Routledge Cavendish
Latest editions
Learning Outcomes
1. KNOWLEDGE AND UNDERSTANDING OF LEGAL SOURCES AND THE WAY THEY ARE ACCESSED
Enquiry
Knowledge and Understanding
2. ABILITY TO DEPLOY SOURCES IN LEGAL STUDIES AND IN PROBLEM-SOLVING CONTEXTS
Application
Problem Solving
4. COMPETENCE IN COMMUNICATING RESEARCH PRIORITIES AND OUTLINES IN WRITING
Communication
3. ABILITY TO ORGANISE AN EFFECTIVE SCHEME OF RESEARCH, AND ENGAGE WITH THE PRELIMINARY STAGES OF RESEARCH NEEDED FOR A LEVEL 6 RESEARCH PROJECT.
Communication
Enquiry