Lefo seminar 6 PDF

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Lefo seminar 6...

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SEMINAR 6 Legal research: evaluating sources to build an argument INTRODUCTION The purpose of this seminar is to help you prepare for the second summative element of this module (Coursework II). One of greatest challenges facing law students lies in developing effective reading techniques in order to cope with large quantities of frequently complex materials. Reading accurately, and being able to analyse and evaluate what you read, is a key skill for learning to think like a lawyer. The first exercise in this seminar tests your reading skills and helps you to evaluate what you have read, and how well you have read it. The opportunity to begin discussing reading technique with your tutors and peers will be a useful first step in a lifetime of learning about reading as an active and analytical, rather than a passive, process.

LEARNING OUTCOMES By the end of this session you should be able to:      

Begin to develop your skills in reading and evaluating complex academic legal materials, recognising their contribution to the successful study of law Understand that law and legal analysis demand active, interpretive engagement Begin to explain the strengths and weaknesses of differing approaches to legal reasoning Understand the need to use the OSCOLA system of referencing and citation Understand how to construct and present an authoritative argument from an assigned position Be able to explain what the University defines as plagiarism and demonstrate techniques for avoiding it.

READING: 

Holland & Webb, Learning Legal Rules, chapters 2, 3 and pages 104110.



Slapper G & Kelly D, The English Legal System, chapter 16



You may wish to reinforce your understanding by reading: - Finch and Fafinski, Legal Skills, chapter 12

EXERCISE One To be completed in advance of the seminar. Read, make notes and answer the following questions on: 

Robson, G, ‘Time for Radical Reform of the Legal Profession?’ [2014] 178 JPN 489

1. What is the author’s conclusion? 2. How is the conclusion supported?  What reasons have been provided in support of the author’s argument?  What sources/authorities have been used in support of the author’s argument? 3. Do the reasons/evidence provide a good basis for accepting the conclusion? 4. Can you think of any other evidence / arguments which would weaken the author’s conclusion?

EXERCISE Two Class exercise: 1. In the light of class discussion of the structure and argument of the articles, how accurate was your analysis and understanding of them?  Did you miss any key points? If so, why?  How did you try to ensure accuracy?  What techniques did you use to avoid inaccuracy? 2. With a partner, discuss the reading techniques you applied in reading the articles.  What methods did you use to ensure that your reading was accurate?  What challenges did you encounter?



How did you overcome them?

3. With a partner, discuss what you could do better next time.  What new approach or technique might you apply when next confronted with an academic article to analyse?

EXERCISE Three To be completed in advance of the seminar: 1. Complete the OSCOLA on-line tutorial, ‘Citing the law’, on Learning Central. Select ‘Learning Materials/Skills/Writing for Law/Citing the Law’. 2. Find a secondary source of law which; 

opposes the fusion of the legal professions (barrister and solicitor).

3. Draft a brief summary of the main points discussed in the article.

EXERCISE Four: Class exercise: In pairs, consider the articles you have researched in the light of the following questions: 1. Is the information reliable? 

What factors might influence its reliability?



How might you check?

2. Where has the author drawn his/her information from? 3. Should you take what the author says at face value or might s/he be biased? 4. Is the author merely repeating information that s/he has taken from another source? 5. Has the material been published?  

Where? Why might this matter?

6. Using OSCOLA, how would you cite the sources you have researched in an essay?

EXERCISE Five Class exercise: Before you begin to work on writing for your essay it is useful to have a clear picture of what the essay is asking you to do. This means understanding both the individual words, and also the general scope of the question. One crucial component of a successful essay is a clear argument, which you present in a structured form. You must therefore clearly identify the position you intend to take regarding the question.

1. Write whatever you think about the question for three minutes without stopping. You can create a list or draw a mind map of your ideas.

2. In light of class discussion on the essay question, discuss your potential position/ argument with a partner....