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sttmfh LLH201 Legal Research Week 1 Workshop Welcome to LLH201 Legal Research. This is the first of 12 weekly workshops over the course of the semester (note: no workshop in Week 6). These workshops provide an opportunity to further develop and practice your legal research skills. All workshop activities are designed to help you develop the skills needed to successfully complete the assessment items in this unit. External students have a “live” Collaborate workshop online and also have an opportunity to participate in workshop-type activities at the optional External Attendance School. Information for the Collaborate set-up is available on Blackboard. These sessions will be recorded for those unable to make the “live” Collaborate session.

Objectives In this Workshop you will:  Be introduced to the key aspects of the unit  Assess your current capabilities in legal research and identify areas which require further practice and improvement  Consider how to develop a career plan (in preparation for Assessment Item 1 Stage 1 Career Plan due in Week 3)  Review legal research methodologies and carry out a topic analysis of a research problem (in preparation for Assessment Item 2 Research Task) Resources:  Week 1 Podcast lecture materials (on legal research methodology)  Assessment Item 1 – Stage 1 Career Plan (available on Blackboard  Employ Your Ability Modules. These modules are designed to support you to make sound course and career choices and plan the next step of your career. You can access the modules via the below steps: 1. Click here to navigate to the site. 2. Click on the ‘self enrol’ button at the top of the page. 3. Navigate to the ‘early’ section of the site and click on your desired module. 1. UNIT INTRODUCTION

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Completing a legal research unit like LLH201 is quite different from completing most other units in your law degree. It is different because the focus is on learning the processes of legal research and developing transferable skills which can be used in different contexts, such as other law units and your future practice as a lawyer. In contrast, most of your other law units concentrate on learning the content of the rules of law and applying them to factual scenarios to come to a correct legal answer. To succeed in your studies at law school and in your future legal practice you need to have both knowledge and understanding of the law and the ability to research the law. The way you approach learning legal research in LLH201 will be different from the way you study the rules of contract law or criminal law (or other subject specific units). The key to success in this unit is to understand the types of skills and tasks you need to undertake and then PRACTISE using those skills to complete relevant tasks and solve legal problems. The more you practise these skills, the more efficient and effective you will become as a legal researcher. This will assist you in completing the rest of your law degree and help to prepare you for “real-world” legal practice. All workshop activities in LLH201 are designed to help you develop high level research and writing skills that are needed to successfully complete the assessment tasks. Assessment Assessment

Weight

Due Date

Stage 1 Career Plan Research Task Research Paper and

10% 35%

Tuesday 6th March 2018 Monday 26th March 2018

55%

Monday 4th June 2018

Reflection Task

Further information about the assessment items will be provided on Blackboard and discussed in Workshop sessions. 2. ASSESSING YOUR CURRENT LEGAL RESEARCH SKILLS The purpose of this skills audit is to prompt you to consider at the beginning of the semester your current capabilities and the process nature of learning legal research. The following questions reflect the process of legal research and link directly to the unit objectives. TASK: Answer the questions by ticking the response which best represents your current ability:

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In undertaking legal research I can:

Limite d ability

Define the need for information by re-stating a research topic or problem in my own words, identifying relevant facts, issues and areas of law

Sound ability

X

List subject areas and keywords, synonyms and related search terms

X

Identify relevant jurisdictions for current research

X

Recognise a variety of legal information sources and select the most appropriate for research from suggested sources, using given criteria

X

Use the library catalogue to locate secondary materials (e.g. textbooks, legal encyclopaedia)

X

Use the library catalogue to locate reference materials (e.g. legal dictionaries)

X

Appreciate the range of electronic legal databases available and the appropriateness of each for particular information needs

X

Locate, cite and extract appropriate information from secondary materials

X

Demonstrate a familiarity with the content of and an ability to effectively search (e.g. by using Boolean, truncation, etc.) full text and bibliographic databases and the Internet

X

Use given criteria to evaluate legal information for usefulness (e.g. date, jurisdiction)

X

Analyse quality and quantity of information

X

Revise searches and locate additional information as needed

X

Understand the nature, format and citation of legislation, and locate historical and current information about legislation and legislation on a topic

X

Understand the nature, format and citation of case law, and locate case citations, judicial consideration of cases and cases on a topic

Stron g ability

X

Use research sources from Queensland and Commonwealth of Australia jurisdictions

X

Locate primary sources from foreign jurisdictions (eg. UK, NZ, Canada etc) and assess their relevance to Australian legal problems

X

Understand the relationship between international law and Australian law

X 3

In undertaking legal research I can:

Limite d ability

Locate international treaties and determine their relevance to Australia (e.g. in statutory interpretation)

X

Sound ability

Appropriately cite sources in written and oral work complying with legal citation, footnoting and bibliography conventions

Stron g ability

X

TASK: When you have completed the audit, discuss your answers with a partner. Which 3 abilities are you particularly interested in improving during LLH201 this semester? 3. DEVELOPING A CAREER PLAN Having a career plan is an important step towards achieving success in a career that is meaningful to you. You will submit a basic career plan in Week 3 when you complete Assessment Item 1. There are 4 key steps in the process of career planning: Step 1: Self-assessment - knowing yourself Step 2: Exploring options - finding out about career opportunities Step 3: Developing a plan – setting goals and developing strategies Step 4: Implementing the plan – taking action to achieve your goals Career planning is a continuous process so ongoing review and reassessment will be needed as you progress.

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There are some useful QUT resources available to assist you with career planning:



Employ Your Ability Modules. These modules are designed to support you to make sound course and career choices, make connections between your course of study and where it might lead, and progress your own career pathway. In preparing your Career Plan, you may want to consider looking at the modules. In particular, you may like to explore: Self Awareness Exploring and way finding in the world of work Future you

These are optional programs offered as online co-curricular activities alongside your formal curriculum. The content in each Program is designed to help you at different stages of your life-long career development.

In addition to these resources, in week 2, you will have the opportunity to discuss your career plan with a QUT Career Educator. The Career Educators will be available to chat in the Law Library during Week 2. There will also be a phone option for external students. More details will be provided in lectures. If you are unable to attend these sessions, you are 5

encouraged to attend a Career Drop in at HiQ or complete the above Employ Your Ability modules.

4. LEGAL RESEARCH PROCESS AND TOPIC ANALYSIS The Week 1 podcast lecture reviewed the key aspects of the legal research process:  Doctrinal research is the most commonly used legal research methodology at Law School. 

Three legal problem solving models are: 1. IRAC (Issue, Rule, Application, Conclusion) 2. ISAAC (Issue, State the law, Authority, Apply the law, Conclusion) 3. SCARPY (Subject matter, Causes of action, Analysis, Remedies, Practicalities, Your recommendations)

SCARPY is best for research as it is a broader “whole of problem” approach. IRAC and ISAAC can be used in the A (Analysis) part of SCARPY. 

The 7 steps in the legal research process are: 1. Fact identification 2. Background reading 3. Issue identification 4. Search term (keyword) generation 5. Plan your research 6. Perform researching – subject, legislation, cases 7. Communicate results

Topic analysis is a crucial process (encompassing steps 1-4 above) which you will apply to legal problems such as your Research Task (Assessment Item 2) and to real-world matters involving clients. Topic analysis involves: 

Identifying the relevant facts - and what is irrelevant and can be discarded



Identifying the relevant area/s of law



Noting the time frame and applicable jurisdiction(s)



Beginning to formulate a statement of the main issue(s) – eg cause of action(s)any threshold issues 6

 Are any sub-issues becoming apparent? Eg elements, defences  What keywords, search terms might be useful?  Remedies available? (what does your client want?) 

Is there anything else you need to know from your client?

How do you identify relevant facts in a research problem? One way is to use the SHARP technique:  S – Subject matter 

H – Harm



A – Actors involved



R – Remedy / relief



P – Policy considerations

TASK: Using your knowledge and understanding of the legal research process undertake an initial topic analysis of the following research problem: _________________________________________________________________________

INTERNAL MEMORANDUM TO:

Solicitor

FROM:

Ms Liz Smith

DATE:

19 February 2018

FILE NO: 21/2018LS CLIENT:

Ms Jemima Brown

I had a meeting with a client, Ms Jemima Brown, who is the owner of a chain of florist shops called Flower Power. Flower Power sells flowers as well as flower-based products and aromatherapy designed for the general well-being of her clients. At the meeting Jemima described the following events that have occurred in the last month. At the annual Flower Power promotional day in February, Jemima used a projector to show a PowerPoint slide show outlining the benefits of having flowers and aromatherapy around the home. At one point the computer malfunctioned and the slide show stopped unexpectedly. Jemima’s email inbox popped up on the projected screen for all to see. It contained the following email: To: [email protected] From: [email protected] Date: 14 February 2018 RE: Dog fights this weekend 7

Dog fights this weekend at the Geranium Show Ground. Free entry. You might even come away a winner! Free rose with every bet placed. The crowds at the Flower Power promotional day gasped in horror, looked at Jemima in disgust and some vowed never to shop at Flower Power again. One person called out “What sort of business are you running?” Jemima was devastated. Her great promotional day was ruined and it looks like she has lost custom. Jemima does not wish to continue to receive such emails and she is worried about her email address being used for such emails because she runs an ethical business and does not wish to be associated with such activities. Jemima also wants to know if she can do anything to stop those emails as they keep arriving in her inbox, and how she can seek compensation for the loss of her business and damage to her reputation arising from dealing with the emails. Jemima’s private life has also been in turmoil. She broke up with her boyfriend, Jono, at the end of January. Jemima and Jono had been dating for 8 months. Initially the relationship was great. Jono was really romantic and thoughtful. However, the relationship deteriorated when Jono became insanely jealous of Jemima talking to male customers in the shop. Jemima broke the relationship off. Jono responded by posting provocative videos and photos of Jemima in her underwear (a birthday present from Jono) on his Facebook page. Jemima is a very private person and was mortified by the sharing of such details about her private life. She is also distressed because Jono has a link to the Flower Power Facebook page from his profile. Jemima has deleted Jono as a Facebook friend. Apparently Jono had tagged the photos (by putting Jemima’s name on them) and although Jemima has untagged them and deleted Jono as a Facebook friend, many of her friends and customers had seen the photos and video before she did this. Altogether it was too much and Jemima has retreated from having a social life and is afraid to form new relationships. Can you please look into whether there may be any tortious action Jemima may bring against Jono in the circumstances. Finally, Jemima’s supplier of flower wire products, William, has filed a law suit against her. It claims that Jemima has not paid his account and that she has been defaming him to other florists. Jemima denies this and says she was three days late in paying an account because she queried the colour of the flower wire in the latest shipment. She admits making a passing comment to a florist friend that she was not sure whether it was Australian-made flower wire, as was stated on the packaging. Jemima told me that William has a reputation for suing florists, both in Queensland and interstate, at the drop of a hat for such minor matters. Jemima has heard through the grapevine that William has started 17 such actions in the last year. Apparently he has also launched legal action arguing that Australian currency is not legal tender and therefore he is unable to pay his rates and electricity. William has also brought claims with no prospect of success against the lawyers who represented the other florists he was trying to sue. Jemima has had enough of being trodden on in her personal and business life and wants to know what she can do to stop William filing claims that are clearly without reasonable grounds and instituted to harass busy florists who may be a few days late in paying their accounts. Jemima feels strongly about this because of her own personal experience and because she is the President of the Queensland Branch of the Australian Florists 8

Association. Please research what options Jemima may have and what consequences such options would have for William. ____________________________________________________________________________________

Your topic analysis should enable you to provide initial answers to the following questions (you may need to re-visit and reassess those answers as your research progresses): 1. What are the material facts? - Jono had become jealous of Jemima speaking with the male customers - Jono shared provocative photos of Jemima on his facebook page - Jemima was tagged in the photos - Jono had a link to Jemimas business on his facebook page - Customers and friends have seen the photos - Retreated from social life and stop forming new relationships

2. What broad areas of law are involved? Defamation (hasn’t suffered enough damages) Breach/Invasion of privacy -

3. What jurisdiction and timeframe applies to each area of the problem? Queensland – Where it took place 3 years -

4. What main issues can you identify? Fact and party specific (include the names and details of the question) 1. Can J prevent B from sending spam and recover composition? - What is spam?ISAAC - Whether the sender is liable - Can she prevent him from sending? - How can she seek compensation? 2. Can J bring a action against Jono for invasion of privacy for publishing photos - What is invasion of privacy - Elements of the tort - Defence (DON’T FORGET) 3. Can J have william declared a viscatious litigant - What is a vescatious litigant - What are the consequences of having him declared

5. What keywords/search terms might you use to begin researching this problem?

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NEXT WEEK Week 2 Workshop – secondary source research

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