Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions

A Step-by-Step Approach to Answering Legal Questions

Students must answer all of the five research questions listed below. Questions 1-4 are each worth 10 marks. Question 5 is worth 15 marks. An additional 5 marks are allocated to referencing and bibliography. Thus, the assignment will be marked out of 60 and then converted to a mark out of 20 (rounded to the nearest half-mark). The word limit is strictly 2500 words, excluding any questions, headings, footnotes and bibliography.

In presenting each answer, students must:

(i) give an outline of their research plan

(ii) explain the steps taken to find the relevant law

(iii) identify when and how any relevant statute law(s) came into force

(iv) reference their work according to the Australian Guide to Legal Citation (Melbourne

University Law Review Association Inc, 4th ed, 2018) and include a bibliography

(v) include legal authority for all propositions of law using pinpoint references

(vi) comply with the marking criteria and guidance contained in the unit Supplementary

Material.

Research questions:

1. Explain the current legal status of:

(a) Brodie v Singleton Shire Council; and

(b) Teori Tau v Commonwealth.

[10 Marks]

2. In reference to local government in NSW:

(a) What is meant by the term ‘rate pegging’?

(b) What law forms the basis of rate pegging?

(c) Citing authority, what is the current annual rate peg limit?

[10 Marks]

3. What process needs to be followed for a party to enforce an arbitrator’s award?

Consider both NSW law and the Commonwealth.

[10 Marks]

4. Locate and briefly explain the latest case in which the High Court of Australia

considered the limits of quantum meruit as a restitutionary remedy.

[10 Marks]

5. Discuss the mechanism by which treaties and conventions may become Australian

law by comparing the implementation (if any) in Australia of:

(a) the Convention Relating to the Status of Refugees; and

(b) the Vienna Convention on Diplomatic Relations

[15 Marks]

How to Answer

Dear Students,

I have some emails from students asking ‘how do I set out this assignment?’ For example:

RE: Assignment 1.

(ii) explain the steps taken to find the relevant law 

Is it appropriate to show our steps as below?

EXAMPLE:

• UNE library homepage > Databases> Law & Justice > Lexis Advance Pacific>

Advanced Search: AU Cases> Terms: animal! w/p liab! and owner and damag! > 304     results

• Jurisdiction: NSW > 95 results

• Search within Results: personal injur! > 42 results, including Sarkis v Morrison [2013] NSWCA 281 (30 August 2013)

Thank you,

My answer in that case would be that the student was generally on the right track for part (ii). But, it helps to include some of the thought processes behind the steps, rather than just the steps themselves. Also, do not forget the other elements (i) and (iii)-(vi) set out on the question sheet.

Setting out the methodology may not be intuitive, so I have included below some suggestions which I have collated and adapted from my various Moodle postings over previous trimesters. It includes some general advice on possible ways to present the answers. This is not a formula, but students who have followed similar advice from me in the past have generally succeeded in the research assignment.

Part (i) – the plan – is open to a degree of personal interpretation, but needs to be clear. Identifying and defining the key terms is a worthwhile element in almost all plans. By its nature, a plan will be somewhat abstract – but it cannot be too vague or generalised. For example:

  • “I plan to search for information in CCH online” is so abstract as to be almost useless.
  • “Read Constitutional Law in NSW by Joseph Bloggski for background” might be too specific. The chosen text may prove to be no help in this instance. Better to say “Locate a relevant text and read for background.”

So, the foundation of a simple plan might be:

  • Understand the topic;
  • Search for relevant statutes using keywords x, y and z;
  • Read the relevant statute;
  • Establish when the statute (relevant sections) commenced; and
  • Compile research and answer question.

When the question has components (eg (a)-(c)), one overarching plan will likely suffice. Because the components are so closely related, the steps and conclusion which follow can also be combined. Thus, it would be unnecessary to present (2)(a): Plan-steps-conclusion; (2)(b): Plan-steps … etc. Just be sure to present a clear answer to each component in the conclusion.

Note that the steps will usually be a separate element, setting out how the plan was followed. Students should provide just enough ‘granular detail’ in their steps to lead the marker through the process. The marker must be given sufficient information to enable them to follow the same research trail if they wished to do so. However, it is the reasoning and findings (and why they are relevant) that are more important than the mechanical processes.

As noted, students may assume that the markers have a working understanding of the various UNE-subscribed databases and the Federal Register of Legislation (FRL), Parliamentary Counsel’s Office websites, Austlii, and so on. So, in the emailed ‘Example’ above, the trail could start at ‘Lexis Advance’ because the marker knows where in the library pages that database is to be found.

Thus, it is not necessary to include every last step, mouse-click and scroll. The following is paraphrased from a previous assignment and contains far too much detail:

… The legal dictionary definition referred to s 93(2) of the Commonwealth Electoral Act 1918 (Cth). To check their interpretation of that section, I opened another tab in my Firefox browser and typed in the web address . Then, I clicked on the “Acts” heading in the dark blue bar at the left of the page and then clicked on the “in force” heading that appeared. Then I clicked on the “Co” link in the index and then clicked on the 34th link, being to the Commonwealth Electoral Act 1918 (Cth) . Then, on the left-hand panel, I clicked to expand ‘Part VII—Qualifications and disqualifications for enrolment and for voting” and scrolled down in the right-hand panel to read section 93. The section provides … [entire section pasted in from the Act] … {124 words + act extract}

Rather, just say:

  • … the dictionary definition cited s 93(2) of the Commonwealth Electoral Act 1918 (Cth). So, I checked the Act on the FRL.
  • The section states … [briefly, in your own words] … This is relevant because … {29 words + explanations}

The shorter version is easier to follow. It gains marks for the student’s own explanation of how the section operates and why it is relevant to the answer. In contrast, the long-winded version:

  • gains no extra marks for the unnecessary steps;
  • loses marks for lacking concision;
  • loses further marks for quoting a slab of legislation with no explanation of its meaning or operation.

Note, however, that this is a simplified example. Students may also need need read the broader context of the whole Act in which the section was found in order to fully understand its meaning.

For searches, a little more detail is required. But again, there is no need to spoon-feed the marker. At one extreme, it would be insufficient to only say: “I searched for the Commonwealth Electoral Act 1918 on Westlaw”.

A good answer would instead say:

  • To find related commentary, I used the ‘Advanced’ search in The Laws of Australia on Westlaw using “commonwealth electoral act 1918” in ‘Legislation Cited (Title)’ and “93” in ‘Legislation Cited (Provision)’
  • From the results, TLA [1.1.750]3 was relevant because …

___________________________________________

3 Westlaw AU, The Laws of Australia (online at 3 July 2021) 1 Aboriginal and Torres Strait Islander Peoples, ‘1.1 Constitutional Status’ [1.1.750].

These are just some general guidelines for how things could be set out in point-form. A prose-style is also acceptable, and the same basic principles will apply.

Sometimes, the plan might be ‘derailed’. How students should deal with this will depend on the degree of derailment. Often, the searches will throw up something unexpected, but the new lead can be followed to a conclusion. On the other hand, documenting a complete dead-end would be a waste of words for this exercise. So, it is acceptable to revise and re-draft the plan (as presented in the assignment) in light of any major missteps. I do not consider it to be ‘cheating’ for students to do this. After all, such refinement should be instructive and – hopefully – the ‘better path’ can be adapted and implemented next time the student encounters a similar issue.

When it comes to the commencement dates (part (iii)), students should just include the essentials. For a ‘minor act’ (not central to the answer), the commencement can be footnoted. For acts that are central to the answer, the commencement and any amendment details should be in the body of the answer, not a footnote.  If there are numerous acts, a table at the end of each answer may be easier.

An example of commencement in prose might be (where s 93 is central to the answer):

The Act received assent on 21 March 1919, to commence in stages by proclamation (s 2). Most of the Act (including s 39, later renumbered to s 93) commenced on 21 March 1919. Section 93 most recently amended by the Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011, which commenced upon assent 25 May 2011.

As an observation, a small number of assignments always seem to miss the crucial step of providing primary authority (part (v) for all statements of the law. This should be second-nature to students at this level, but it does occasionally get overlooked. Don’t forget to cite (footnote) the primary authority again in the conclusion – even it appears to be duplicating the citations already made in the ‘steps’ component of the answer.

Finally, do not forget to include an overall conclusion. The content of this final answer will depend on how much detail went into the steps. Sometimes, the steps will include enough reasoning and ‘interim conclusions’ that the final answer will only need to briefly draw together the elements. For other answers, with less discussion in the steps, the conclusion will need more explanation.

Order Now

Get expert help for A Step-by-Step Approach to Answering Legal Questions and many more. 24X7 help, plag free solution. Order online now!

Universal Assignment (December 5, 2024) Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions. Retrieved from https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/.
"Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions." Universal Assignment - December 5, 2024, https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/
Universal Assignment July 18, 2023 Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions., viewed December 5, 2024,<https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/>
Universal Assignment - Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions. [Internet]. [Accessed December 5, 2024]. Available from: https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/
"Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions." Universal Assignment - Accessed December 5, 2024. https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/
"Research Assignment Guidelines: A Step-by-Step Approach to Answering Legal Questions." Universal Assignment [Online]. Available: https://universalassignment.com/research-assignment-guidelines-a-step-by-step-approach-to-answering-legal-questions/. [Accessed: December 5, 2024]

Please note along with our service, we will provide you with the following deliverables:

Please do not hesitate to put forward any queries regarding the service provision.

We look forward to having you on board with us.

Most Frequent Questions & Answers

Universal Assignment Services is the best place to get help in your all kind of assignment help. We have 172+ experts available, who can help you to get HD+ grades. We also provide Free Plag report, Free Revisions,Best Price in the industry guaranteed.

We provide all kinds of assignmednt help, Report writing, Essay Writing, Dissertations, Thesis writing, Research Proposal, Research Report, Home work help, Question Answers help, Case studies, mathematical and Statistical tasks, Website development, Android application, Resume/CV writing, SOP(Statement of Purpose) Writing, Blog/Article, Poster making and so on.

We are available round the clock, 24X7, 365 days. You can appach us to our Whatsapp number +1 (613)778 8542 or email to info@universalassignment.com . We provide Free revision policy, if you need and revisions to be done on the task, we will do the same for you as soon as possible.

We provide services mainly to all major institutes and Universities in Australia, Canada, China, Malaysia, India, South Africa, New Zealand, Singapore, the United Arab Emirates, the United Kingdom, and the United States.

We provide lucrative discounts from 28% to 70% as per the wordcount, Technicality, Deadline and the number of your previous assignments done with us.

After your assignment request our team will check and update you the best suitable service for you alongwith the charges for the task. After confirmation and payment team will start the work and provide the task as per the deadline.

Yes, we will provide Plagirism free task and a free turnitin report along with the task without any extra cost.

No, if the main requirement is same, you don’t have to pay any additional amount. But it there is a additional requirement, then you have to pay the balance amount in order to get the revised solution.

The Fees are as minimum as $10 per page(1 page=250 words) and in case of a big task, we provide huge discounts.

We accept all the major Credit and Debit Cards for the payment. We do accept Paypal also.

Popular Assignments

ECON20001 Assignment #2

Assignment #2 Due Monday September 30th 2pm AEST The assignment is marked out of 25 points. The weight for each part is indicated following the question text. Style requirements: This assignment requires the submission of a spreadsheet. Please keep THREE decimal places in your answers and include your spreadsheet as

Read More »

RES800 Assessment 1 – Research Question and Literature Review

Subject Title Business Research Subject Code RES800 Assessment Title Assessment 1 – Research Question and Literature Review Learning Outcome/s     Utilise critical thinking to analyse managerial problems and formulate relevant research questions and a research design   Apply research theories and methodologies to assist in developing a business research

Read More »

Assessment Task 2 Health advocacy and communication plan

Assessment Task 2 Health advocacy and communication plan Rationale and multimedia plan presentation Submission requirements Due date and time:         Rationale: 8pm AEST Monday 23 September 2024 (Week 11) Multimedia plan presentation: 8pm AEST Monday 30 September 2024 (Study Period) % of final grade:         50% of overall grade Word limit: Time

Read More »

MLI500 Leadership and innovation Assessment 1

Subject Title Leadership and innovation Subject Code MLI500 Assessment Assessment 1: Leadership development plan Individual/Group Individual Length 1500 words Learning Outcomes LO1 Examine the role of leaders in fostering creativity and innovation LO5 Reflect on and take responsibility for their own learning and leadership development processes Submission   Weighting 30%

Read More »

FPC006 Taxation for Financial Planning

Assignment 2 Instructions Assignment marks: 95 | Referencing and presentation: 5 Total marks: 100 Total word limit: 3,000 words Weighting: 40% Download and use the Assignment 2 Answer Template provided in KapLearn to complete your assignment. Your assignment should be loaded into KapLearn by 11.30 pm AEST/AEDT on the wdue

Read More »

TCHR5001 Assessment Brief 1

TCHR5001 Assessment Brief 1 Assessment Details Item Assessment 1: Pitch your pedagogy Type Digital Presentation (Recorded) Due Monday, 16th September 2024, 11:59 pm AEST (start of Week 4) Group type Individual Length 10 minutes (equivalent to 1500 words) Weight 50% Gen AI use Permitted, restrictions apply Aligned ULOS ULO1, ULO2,

Read More »

HSH725 Assessment Task 2

turquoise By changing the Heading 3 above with the following teal, turquoise, orange or pink you can change the colour theme of your CloudFirst CloudDeakin template page. When this page is published the Heading 3 above will be removed, but it will still be here in edit mode if you wish to change the colour theme.

Read More »

Evidence in Health Assessment 2: Evidence Selection

Evidence in Health Assessment 2: Evidence Selection Student name:                                                                    Student ID: Section 1: PICO and search strategy Evidence Question: Insert evidence question from chosen scenario here including all key PICO terms.       PICO Search Terms                                                                                                                                                                                                          Complete the following table.   Subject headings Keywords Synonyms Population  

Read More »

Assessment 1 – Lesson Plan and annotation

ASSESSMENT TASK INFORMATION: XNB390 Assessment 1 – Lesson Plan and annotation This document provides you with information about the requirements for your assessment. Detailed instructions and resources are included for completing the task. The Criterion Reference Assessment (CRA) Marking Matrix that XNB390 markers will use to grade the assessment task

Read More »

XNB390 Task 1 – Professional Lesson Plan

XNB390 Template for Task 1 – Professional Lesson Plan CONTEXT FOR LESSON: SOCIAL JUSTICE CONSIDERATIONS: Equity Diversity Supportive Environment UNIT TITLE:    TERM WEEK DAY TIME 1   5           YEAR/CLASS STUDENT NUMBERS/CONTEXT LOCATION LESSON DURATION         28 Children (chl): 16 boys; 12

Read More »

A2 Critical Review Assignment

YouthSolutions Summary The summary should summarise the key points of the critical review. It should state the aims/purpose of the program and give an overview of the program or strategy you have chosen. This should be 200 words – included in the word count. Critical analysis and evaluation Your critical

Read More »

PUN364 – Workplace activity Assignment

Assessment 1 – DetailsOverviewFor those of you attending the on-campus workshop, you will prepare a report on the simulated simulated inspection below. For those of you who are not attending, you will be required to carry out your own food business inspection under the supervision of a suitably qualified Environmental

Read More »

FPC006 Taxation for Financial Planning

Assignment 1 Instructions Assignment marks: 95 | Referencing and presentation: 5 Total marks: 100 Total word limit: 3,600 words Weighting: 40% Download and use the Assignment 1 Answer Template provided in KapLearn to complete your assignment. Your assignment should be loaded into KapLearn by 11.30 pm AEST/AEDT on the due

Read More »

Mental health Nursing assignment

Due Aug 31 This is based on a Mental health Nursing assignment Used Microsoft word The family genogram is a useful tool for the assessment of individuals, couples, and families.  It can yield significant data and lead to important, new patient understandings and insights as multigenerational patterns take shape and

Read More »

Assessment 2: Research and Policy Review

Length: 2000 words +/- 10% (excluding references)For this assessment, you must choose eight sources (academic readings and policy documents) as the basis of your Research and Policy Review. You must choose your set of sources from the ‘REFERENCES MENU’ on the moodle site, noting the minimum number of sources required

Read More »

HSN702 – Lifespan Nutrition

Assessment Task: 2 Assignment title: Population Nutrition Report and Reflection Assignment task type: Written report, reflection, and short oral presentation Task details The primary focus of this assignment is on population nutrition. Nutritionists play an important role in promoting population health through optimal nutritional intake. You will be asked to

Read More »

Written Assessment 1: Case Study

Billy a 32-year-old male was admitted to the intensive care unit (ICU) with a suspected overdose of tricyclic antidepressants. He is obese (weight 160kg, height 172cm) and has a history of depression and chronic back pain for which he takes oxycodone. On admission to the emergency department, Paramedics were maintaining

Read More »

Assessment Task 8 – Plan and prepare to assess competence

Assessment Task 8 – Plan and prepare to assess competence Assessment Task 8 consists of the following sections: Section 1:      Short answer questions Section 2:      Analyse an assessment tool Section 3:      Determine reasonable adjustment and customisation of assessment process Section 4:      Develop an assessment plan Student Instructions To complete this

Read More »

Nutrition Reviews Assignment 2 – Part A and Part B

This assignment provides you with the opportunity to determine an important research question that is crucial to address based on your reading of one of the two systematic reviews below (Part A). You will then develop a research proposal outlining the study design and methodology needed to answer that question

Read More »

NUR332 – TASK 3 – WRITTEN ASSIGNMENT

NUR332 – TASK 3 – WRITTEN ASSIGNMENT for S2 2024. DESCRIPTION (For this Task 3, the word ‘Indigenous Australians’, refers to the Aboriginal and Torres Strait Islander Peoples of Australia) NUR332 Task 3 – Written Assignment – Due – WEEK 12 – via CANVAS on Wednesday, Midday (1200hrs) 16/10/2024. The

Read More »

NUR100 Task 3 – Case study

NUR100 Task 3 – Case study To identify a key child health issue and discuss this issue in the Australian context. You will demonstrate understanding of contemporary families in Australia. You will discuss the role of the family and reflect on how the family can influence the overall health outcomes

Read More »

NUR 100 Task 2 Health Promotion Poster

NUR 100 Task 2 Health Promotion Poster The weighting for this assessment is 40%. Task instructions You are not permitted to use generative AI tools in this task. Use of AI in this task constitutes student misconduct and is considered contract cheating. This assessment requires you to develop scholarship and

Read More »

BMS 291 Pathophysiology and Pharmacology CASE STUDY

BMS 291 Pathophysiology and Pharmacology CASE STUDY Assessment No: 1 Weighting: 40% Due date Part A: midnight Friday 2nd August 2024 Due date Part B: midnight Sunday 29th September 2024 General information In this assessment, you will develop your skills for analysing, integrating and presenting information for effective evidence-based communication.

Read More »

Assessment Task: Health service delivery

Assessment Task Health service delivery is inherently unpredictable. This unpredictability can arise from, for example, the assortment of patient presentations, environmental factors, changing technologies, shifts in health policy and changes in division leadership. It can also arise from changes in policy within an organisation and/or associated health services that impact

Read More »

LNDN08002 Business Cultures Resit Assessment

LNDN08002 Business Cultures Resit Assessment Briefing 2023–2024 (Resit for Term 1) Contents Before starting this resit, please: 1 Assessment Element 1: Individual Report 1 Case Report Marking Criteria. 3 Assessment Element 2: Continuing Personal Development (CPD) 4 Guidance for Assessment 2: Reflection and Reflective Practice. 5 Student Marking Criteria –

Read More »

Assessment Task 2 – NAPLAN Exercise

Assessment Task 2 (35%) – Evaluation and discussion of test items Assessment Task 2 (35%) – Evaluation and discussion of test items AITSL Standards: This assessmeAITSL Standards: This assessment provides the opportunity to develop evidence that demonstrates these Standards: 1.2        Understand how students learn 1.5        Differentiate teaching to meet with

Read More »

EBY014 Degree Tutor Group 2 Assignment

  Assignment Brief Module Degree Tutor Group 2 Module Code EBY014 Programme BA (Hons) Business and Management with   Foundation Year Academic Year 2024/2025 Issue Date 6th May 2024 Semester Component Magnitude Weighting Deadline Learning outcomes assessed 2 1 2000 words Capstone Assessment 100% 26th July, 2024 1/2/3/4 Module Curriculum

Read More »

Can't Find Your Assignment?

Open chat
1
Free Assistance
Universal Assignment
Hello 👋
How can we help you?