3 Common research-based assignments

There are three common research-based law assignments:

  • the problem-based scenario
  • the law reform proposal
  • the research essay.

The type of assignment you are working on will impact your research strategy, including which legal sources you will consult.

Problem-based scenario

A typical problem-based assignment will provide you with a set of facts and a problem, and ask you to advise your client. When researching the assignment you will focus on finding and applying the legal rules (‘authorities’). Secondary sources may be used as a reference point, but are unlikely to be heavily cited.

Example

Robert Smith was ‘king hit’ on the back of his head by Mr Hyde, an excessively drunken patron, while on the premises of the Santa Lucia Hotel in an unprovoked attack. Robert is currently in hospital fighting for his life. Advise the hotel proprietors whether they are liable for not taking reasonable care to protect Robert Smith from the attack.

Law reform proposal

A typical law reform assignment will ask you to analyse an existing area of law and make recommendations on how to improve the law or discuss the merits of a proposed change to the law. These are some of the most research-intensive assignments, requiring the use of legislative materials, case law and secondary sources. Law reform research is strongly comparative: you will often need to look to other jurisdictions to see how they have dealt with a particular legal issue or problem.

Example

The Queensland Government is considering removing the partial defence of provocation—outlined in section 304 of the Criminal Code—citing the need for the Code to reflect “community standards”. Discuss the purpose and history of the defence, its elements, and the advantages and disadvantages of removing the defence from Queensland law.

Essay

Essays can be comparative, argumentative or discursive. The research component of a legal essay will depend to a great extent on the exact nature of the topic. Essays are more likely to rely on secondary sources than problem-based assignments.

Example

In Australia, judges are appointed by the government instead of through elections, as occurs in some US jurisdictions. Compare and contrast the two systems of appointing judges. What are the strengths and weaknesses in both approaches in promoting judicial independence?

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Legal Research Essentials Copyright © 2023 by The University of Queensland is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.

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