LAWS6060 International Commercial
Arbitration:
Legal research essays
法律研究论文代写 An essay is a piece of writing that objectively and critically explores, analyses or evaluates a particular issue or area of…
What is a legal research essay?
• An essay is a piece of writing that objectively and critically explores, analyses or evaluates a particular issue or area of the law. Good essays contain balanced analysis, but they are also persuasive, using supported arguments to guide the reader to a conclusion.
• We set legal essays as assessment tasks so that you:
• read primary and secondary sources of law,
• analyse these sources critically,
• synthesise ideas and apply them in original ways, and
• develop a capacity to think and communicate, through writing.
• Legal essays are always marked against the assessment grading guidelines.
• See especially on Canvas, “Legal Writing Resources” – there is a lot of helpful information here.
Legal research essays 法律研究论文代写
• Writing an essay shows your ability:
• to conduct independent research into legislation, policies, cases, academic and professional commentary, and
• to analyse and evaluate these sources and demonstrate your ability to engage in independent critical thought
• A good researcher:
• moves beyond description to analysis and the development of an independent, wellsupported view on the essay question;
• engages in research of primary sources in a range of areas;
• defines the scope of the question and clearly addresses the issues in the question; and
• provides accurate citations both for assertions of fact and for views expressed by learned authors.
How do I approach a legal essay?
• 1. Read the question
• As with all assessment tasks, you must read the question carefully and pay specific attention to the words used and what is required of you. As you work your way through research and writing, it is worth returning to the question regularly to ensure that you have read it carefully and are addressing the question that has been asked.
• 2. Directed legal research 法律研究论文代写
• Begin by reading generally on the topic, with textbooks being a good starting point. Particularly, the footnotes or references in textbooks are a valuable resource in helping you to pinpoint important primary and secondary sources of law.
• You can then locate and read those further resources that you deem necessary. The task of researching is iterative in that the more you read, the more resources and references you will be exposed to, allowing you to take your own argument in different directions.
• The research you undertake must uncover information that is accurate, relevant and up to date – criteria that will make your arguments legally compelling.
• 3. Planning
• Plan out what you think you want to say. What are the contentious issues in the topic? Are there different sides to an argument about a contested issue? What side do you favour?
• An essay is NOT a summary of other people’s ideas – a good essay will utilise the ideas of others to support a unique argument.
Requirements
• There are a number of key requirements that should be considered
• An essay should answer the question posed in a critical way, and not be a mere description of a legal problem
• Essays must synthesise and reference appropriate (primary and secondary) source material, but also express the writer’s own voice
• Assertions should be supported with evidence and logical explanations
• As always, writing should be clear, accurate, succinct, formal, and use plain English, while abiding by proper referencing requirements and avoiding plagiarism
• How you structure and organise your essay is just as important as the research you have done – use headings, and sub-headings
• If your essay does not ‘flow’, or your material is presented in a disorganised fashion, not even exhaustive research will improve your grade.
Sources 法律研究论文代写
• You must choose sound / appropriate sources:
• Primary sources, such as legislation, treaties and international agreements (check that the legislation is current, and that the treaties are in force, etc)
• Secondary sources:
• books and treatises by learned authors in the field;
• legal (and non-legal) articles published in well-known scholarly journals;
• newspaper and other articles published on reliable internet sources
• statistics and factual information from government websites or drawn from university or other studies
Sources (cont)
• You should avoid relying on inappropriate sources, such as:
• Wikipedia;
• internet-based articles with no footnotes or references (unless from a reputable newspaper or journal);
• internet-based material drawn from websites run by interest groups or interested parties (unless an appropriate disclaimer is made); and
• interviews unless no other source is available or the interviewer is well-known and well-respected and he/she is used as a source of opinion.
Structure and organisation 法律研究论文代写
• Title and sub-headings
• The title of your essay is what grabs the reader first. It should clearly inform the reader of the essay’s purpose or central thesis, providing a compelling reason to read the paper.
• Introduction
• A good introduction has four key elements:
• (a) It provides a context to your discussion, primarily by articulating the question that the essay is designed to answer.
• (b) It presents your thesis – ie the arguments you will be making.
• (c) It clearly sets out the parameters of your discussion.
• (d) Finally, it offers a brief outline of the structure of your essay – ‘signposting’ or guiding the reader through your various arguments.
• In addition, it is possible in an introduction to indicate what ‘answer’ or conclusion the essay will put forward.
• Body paragraphs
• The body paragraphs of an essay provide the context and analysis of your legal issue or situation. You must demonstrate that you have a sound understanding of the topic being discussed, and your arguments should be presented clearly and persuasively.
• Conclusion
• Your conclusion must answer the question posed in your introduction. It should contain no new material and be relatively short when compared to the rest of the essay.
• Essentially, it reiterates the main argument you have proposed.
What should your essay demonstrate? 法律研究论文代写
• Understanding of the issues raised by the question
• Good grasp of the area of law covered by the essay
• Careful analysis of the legal and other issues raised by the question based on sources
• Good organisation of materials and arguments
• Accurate attribution of ideas of sources and understanding of the weight which should be given to the sources used
Common problems (re the content of the essay)
• The essay fails to identify or consider either the legal or the practical issues that the problem presents for discussion
• The essay is descriptive, rather than analytical
• The essay fails to look at the relevant legislation and legal framework
• The essay provides large amounts of information which is irrelevant to the question
• The student prefers polemic to argument
Common problems (re the content of the essay) (cont) 法律研究论文代写
• Answer uncritically repeats the sources rather than answering the question which is asked
• Answer cites sources uncritically
• Answer relies on secondary sources rather than primary sources
• Answer relies on lectures and issued materials rather than independent research
• Answer shows a poor choice of sources
Common problems (re the structure of the essay)
• No bibliography
• Bibliography does not include legislation or other primary sources
• Bibliography does not properly cite sources by author, date, publisher, edition, etc.
• Footnotes imprecise or incomplete (particularly when citing websites)
• Structure of essay is illogical or hard to follow
Common problems (re the presentation of the essay) 法律研究论文代写
• Do not use a “reader unfriendly” font (please use “Arial”, or “Times New Roman”, or “Tw Cen MT”; and preferably not “Comic Sans”, “Old English Text”, or “French Script”)
• Poor editing: inadequate proof-reading; poor grammar and syntax
• E.g., inaccurate use of apostrophes: “Peoples Republic of China” [People’s Republic of China]; it’s assets [its assets]
• E.g., inconsistent use of capital letters: “state” and “State”
• E.g., inaccurate punctuation
Common mistakes to avoid (re style and presentation)
• Using abbreviations without providing the full name and the abbreviation on the first occasion of use
• Including lists, bullet points, charts, diagrams, annexes – answers must be in prose
• Relying exclusively on 2-3 sources
• Citing authors by their first names, rather than by their surnames (if in doubt, use both)
• Citing articles by their Westlaw/Lexis website address rather than the reference to the journal in which they were published
Common mistakes to avoid (re style and presentation) (cont) 法律研究论文代写
• Use of jargon
• Use of colloquialisms rather than formal English
• Failure to include an introduction or conclusion
• Late submission
• Submission without the Cover Sheet
• Failure to read instructions
• Failure to check unit outline or to reread these slides
• Inexact word count
• Substantive matter in footnotes
Suggestions
• Allow plenty of time for research
• Allow sufficient time for writing and editing
• Consult your lecturer EARLY if you are having problems – do not leave the essay to the last moment
• Reread hard copy of essay carefully before submission
• Reread the instructions
• Double-check all citations and footnotes: all quotations must be in quotation marks and all borrowed ideas must be given attribution
• See more on Canvas: “Legal Writing Resources” (from which much of the material in these slides is drawn)
Plagiarism 法律研究论文代写
• What is plagiarism? Presenting another person’s Work as one’s own by presenting, copying or reproducing it without Acknowledgement of Source
• That is, the use of another person’s
• ideas, OR
• findings, OR
• written and/or published material (that is, words), without giving that person credit for them by identifying both
• the author or person who owns them, and
• the place from which the work was sourced.
Plagiarism (cont)
• Plagiarism includes presenting work for assessment, publication or otherwise that includes
• phrases, clauses, sentences, paragraphs or longer extracts from published or unpublished work (including from the internet) without acknowledgement of the source, or
• the work of another person, without acknowledgement of the source and presented in a way that exceeds the boundaries of legitimate cooperation.
Avoiding plagiarism 法律研究论文代写
• When writing the essay, focus on the question – all quotations and references should be relevant
• When quoting, put the text in quotation marks, with a footnote – do not paraphrase
• When using ideas, use the author’s name in the text for proper attribution – not just a footnote
• If an opinion is your own, make that clear – it is not plagiarism if you developed an idea independently
• Use the Australian Guide to Legal Citation (“AGLC”)
Avoiding plagiarism (cont)
• Do not cut and paste passages of text from the internet
• Do not copy sections word for word from texts
• Do prepare your footnotes as you write the essay, so that you do not forget to give proper attribution for ideas
• Do keep copies or a clear record of your source materials
• Do keep notes of all quotations with the sources
• Do not cooperate so closely with other students that your answers and / or sources are essentially the same
• Do not share your essay or essay outline with other students
