CL5319: Research in Law

School Cardiff Law School
Department Code LAWPL
Module Code CL5319
External Subject Code M900
Number of Credits 30
Level L5
Language of Delivery English
Module Leader Professor Rachel Cahill-O'Callaghan
Semester Double Semester
Academic Year 2016/7

Outline Description of Module

This module aims to extend the student’s understanding of legal research and socio-legal research skills.  Students will have the opportunity to develop broad transferable skills including written and oral communication skills, critical analysis, creating a portfolio and designing research proposals.  The module will introduce students to a range of legal methodologies including doctrinal, socio-legal, feminist, empirical and comparative. Students will learn about the nature of these methodologies, the advantages and disadvantages and limitations of each.  Students will have an opportunity to engage with empirical, qualitative and quantitative methods, gain a deeper understanding of the nature of legal research and have the opportunity to enhance their research skills.

On completion of the module a student should be able to

  • Describe, identify and evaluate research methods and methodologies in a legal context

  • Apply theoretical perspectives and knowledge of research methodologies to extensively research the existing literature on a legal topic

  • Interpret and communicate a range of legal research sources

  • Evaluate different sources of legal information and legal research, orally and in writing

  • Confidently discuss the methodological ways in which a legal research question might be answered

  • Design research questions relating to a legal topic and propose an appropriate methodology to answer them

How the module will be delivered

The following learning and teaching pattern is based on a seminar size of 15 students.

The module will be delivered in lectures and 2 hour seminars.

18 x 1 hour lectures and 11 x 2 hour seminars

Skills that will be practised and developed

Whilst studying this module, students will practise and develop a number of skills.  Not all of these will be assessed formally.

 

 

  • Knowledge and Understanding

Critically engage with research methods and methodologies and evaluate their appropriate use in a legal context.

Knowledge of how to conduct basic legal research.

Evaluate different legal information sources.

Apply knowledge to interpret complex data in a range of formats.

Identify potential alternative approaches to the development of legal knowledge.

 

  • Intellectual Skills

Review, analyse and interpret qualitative and quantitative law-related data.

Critically evaluate various forms of legal research and academic writing.

Develop an ability to identify and synthesise relevant research materials.

Develop an ability to identify and refine a research question.

 

 

  • Practical Skills

Use appropriate legal research databases to identify independently primary and secondary materials of relevance to a topic.

Produce written work on an independently researched topic which is accurately informed by appropriate primary and secondary materials.

Make a spontaneous or pre-prepared oral contribution to a tutorial or seminar group discussion on a taught topic that is coherent, substantiated by reference to primary and/or secondary materials and takes into account different perspectives.

Present, orally and in writing, a persuasive argument in response to a legal problem.

Present, alone or as part of a group, the basic elements of a new topic, as well as the key issues which arise, to peers and produce a written summary of the debates.

 

  • Transferable skills.

Design, develop and communicate a basic research project.

Develop the skills required for effective team working.

Acquire confidence in exploring research ideas and discussing these ideas.

Prepare and give an oral presentation and provide clear and accurate supporting materials in an appropriate format.

Reflect on their own learning, identify gaps in their knowledge and describe the limitations imposed by knowledge gaps.

Use electronic methods for research and demonstrate general competency in IT skills when preparing and presenting written material.

How the module will be assessed

Research Portfolio (40%) - The portfolio will consist of five short pieces of work of a maximum of 400 words. 

Research Proposal (50%) - Students will draw on their portfolio work and their knowledge of research methods to construct a detailed proposal for a hypothetical research project.

Class presentation (10%) - 5-10 minute presentation.

The opportunity for reassessment in this module

Students who achieve less than 40% in the module will be reassessed in the failed assessment component(s) in the Resit Period in August.  The students will be allowed to submit revised versions of the portfolio or the research portfolio during the Resit Period.

Assessment Breakdown

Type % Title Duration(hrs)
Written Assessment 40 Research In Law: Portfolio N/A
Written Assessment 50 Research In Law: Research Proposal N/A
Presentation 10 Research In Law: Class Presentation N/A

Syllabus content

Semester 1

This course centres on legal research methods, methodologies and skills.  Students will be encouraged to identify an area of research interest in week 2 from a selection of topics identified by the module leader. The selected research area will form the basis of the seminar skills and critical analysis work, the summative portfolio.  Prior to each seminar, students will be encouraged to identify a source (literature or data) for analysis during the seminar.    It is expected that every student should be able to identify a piece of relevant work however a database of sources will be created for students to access if they need assistance.  The materials identified by the students will be added to this database for future years.  Students will be required to prepare a 400 word written piece relevant to the topic for seminars 3 – 7.  The students will have the opportunity to receive feedback during each seminar on their written work and it is this work which will form the basis for the portfolio submission. 

Semester 2

This semester will centre on the preparation and presentation of the research proposal.

Topics that will be covered;

  • Research Ethics

  • Doctrinal analysis

  • Themes in legal research

  • Qualitative analysis (interviews)

  • Quantitative analysis (data)

  • Ethnography
  • Comparative Analysis
  • Writing a research proposal

  • Research Questions

Essential Reading and Resource List

Students will draw on a variety of resources including academic papers to develop their research ideas. Details of the recommended texts will be available at the beginning of the module. In preparation for each tutorial, in addition to specified readings, students will also be required to read specified cases, academic commentaries and/or articles and/or Law Commission reports Below is an example of the type of books  students will be encouraged to engage with at the start of this course;

Lee Epstein and Andrew Martin.  An Introduction to Empirical Legal Research.  Oxford University Press (2014)

Dawn Watkins and Mandy Burton.  Research Methods in Law.  Routledge (2013)

Simon Halliday and Patrick Schmidt.  Conducting Law and Society Research.  Cambridge University Press (2013)

Reza Banakar and Max Travers.  Theory and Method in Socio-Legal Research.  Hart Publishing (2005)

Mike McConville and Wing Hong Chui.  Research Methods for Law.  Edinburgh University Press (2012)

 

 

Background Reading and Resource List

A database of relevant material will be created for each subject area.  This will be available to students and will be added to by the students during the module.


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