Research essay 2020 PDF

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RESEARCH ESSAY QUESTION AND INSTRUCTIONS Essay question ‘Case law plays the central role in all legal systems’. Critically evaluate this statement with reference to at least one legal system beyond the common law. General instructions       

This assignment is worth 30% of your mark for the course. The maximum word length is 1500 words (excluding footnotes and bibliography). An extra 10% is allowed, however, penalties apply beyond this. The assignment is due Monday 10 August 2020 at 5pm (note: this is at the start of the mid-trimester break between weeks 4 and 5). The assignment must be submitted online through the course site using Turnitin. Please see instructions on how to use this software if you are not familiar with it.1 There are penalties for late submission.2 Referencing must be consistent with the Australian Guide to Legal Citation (AGLC, 4th edition).3 Please be aware of the University’s policy on academic integrity.4

1 See https://intranet.secure.griffith.edu.au/computing/using-learning-at-griffith/students/assessment/turnitin. 2 Pursuant to section 3.9 of the Assessment Submission and Return Procedures (available at https://policies.griffith.edu.au/) ‘An assessment item submitted after the due date, without an approved extension, will be penalised. The standard penalty is the reduction of the mark allocated to the assessment item by 10% of the maximum mark applicable for the assessment item, for each working day or part working day that the item is late. Assessment items submitted more than five working days after the due date are awarded zero marks.’ 3 The AGLC can be found at http://librarycatalogue.griffith.edu.au/record=b2578497~S1. An AGLC ‘quick guide’ and instructions on how to insert footnotes can be found through the Griffith University Law Library Guide at https://libraryguides.griffith.edu.au/c.php?g=28694&p=1115899. 4 See https://www.griffith.edu.au/academic-integrity.

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Note that: 

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You may choose one or more legal systems to consider. However, these must be noncommon law systems. While you can use the common law as your point of comparison, the focus of your essay must be on a non-common law system. You may choose to consider, for example, civil law systems generally or civil law systems as they operate in a particular country. You may also have combinations of these. In the same way, you could consider religious, indigenous or mixed legal systems (either generally or in a specific country). You do not need to focus on a specific example covered in weeks 1-4, but you must focus on a domestic legal system (opposed to, for example, public international law which we’ll look at later in the course). This is a research essay. Therefore, you must conduct research and incorporate that into your essay. The course readings are a good starting point but your research must extend beyond them (for example, you may start by looking-up some of the references/sources used in your readings!). Similarly, your research should be mainly made up of quality academic sources (think journal articles and books not Wikipedia or Quora). In week 2 we will have a research and writing seminar (during your usual seminar time) in which we will have practical activities to help you with researching and referencing. There is no specific number of references you will need to cite. But as a guide, for an essay of this length, if you only have 2-3 sources (and these are mainly course readings) then you will likely not do as well for the ‘research’ criterion compared to, for example, an essay that uses 5-10 quality sources (ie. journal articles, books, and so on). Similarly, an essay might use 15-20 sources but most of them could be basic websites (or a student mainly relies on 1 or 2 of them) so an essay using around 5 quality journal articles or books effectively could do better for the ‘research’ criteria. Also note, however, that the quality of an essay will depend on how effectively the student uses the research to develop their argument/analysis (opposed to simply the number and quality of the sources they use). Make sure you include an introduction and conclusion, and use headings to structure your essay. We will discuss how to do this (and give you some examples) in the seminars in week 2.

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Marking criteria Criteria

Not Met (fail – pass)

Met (credit)

Exceeded (distinction)

Advanced (high distinction)

Demonstrated understanding of question, legal system(s) under consideration, and the role of case law.

The essay shows very little or no understanding of the focus called for in the question, and of the legal systems under consideration.

The essay shows a good understanding of the focus called for in the question, and of the legal systems under consideration.

The essay shows a very good understanding of the focus called for in the question, and of the legal systems under consideration.

The essay shows an excellent understanding of the focus called for in the question, and of the legal systems under consideration.

Critical analysis of the role of case law in the chosen legal system(s).

The essay is primarily Essay offers some analysis of descriptive and does not attempt the role case law in the chosen to answer the essay question, or legal system(s). does so very poorly. It contains mostly a description of the role of case law in the chosen legal system(s).

Essay offers effective analysis of the role of case law in the chosen legal system(s) and contains a focused and considered answer to the question.

Essay offers a very detailed analysis of the role of case law in the chosen legal system(s). It develops an original or otherwise excellent argument in response to the question.

Independent research evidenced by reference to academic sources consistent with AGLC.

- Very little or no independent research. - Referencing is not in accordance with AGLC, or only follows AGLC very inconsistently.

- Research integrated throughout the essay. - Referencing largely consistent with AGLC.

-Well researched and draws on a range of academic sources throughout the essay. - Uses the research to develop an argument, discussion or focus rather than just quoting others. - Referencing consistent with AGLC.

- Thoroughly researched and draws on a wide range of academic sources throughout the essay. - Uses the research to develop an argument, discussion or focus rather than just quoting others. - Referencing consistent with AGLC.

Quality of expression, communication skills, structure, and presentation.

Written expression and structuring of ideas is poor; contains significant errors.

Written expression and structuring of ideas is satisfactory; may contain some spelling and punctuation errors.

Effective expression and structuring of ideas; consistent use of accurate spelling and punctuation.

Sophisticated written expression and structuring of ideas; contains very few if any punctuation and spelling errors.

Quality of argument and focus developed in response to essay question.

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