Embedding Legal Research Skills

into the LLB Curriculum

7th April 2014

Workshop Materials

WORKSHOP ONE

Aim:

To look at different types of research exercise and evaluate them in relation the BIALL Legal

Information Literacy Statement

In your groups:

Attempt the research task that you have been given,

Answer the questions in the grid below and

Nominate someone from the group to feedback after lunch

Questions for Discussion:

What prior knowledge and training did you need to undertake the task successfully?

Who would need to deliver the training to do the task, a law lecturer or a librarian, or both?

How much time do you think would be needed to do the task well?

Did you think the task was interesting? What might have made the task more interesting or engaging?

If you were a law student, do you think that you would have understood the purpose of the task?

Which of the 4 skills of the BIALL Legal Information Literacy Statement would be developed by doing an exercise of this type?

At what stage of the LLB programme might it be appropriate to ask students to tackle a task like this

Websites and online sources:

1. Understanding and Evaluating Digital Information:

Look a the article “Secret courts will let UK security services off the hook” at

http://www.theguardian.com/commentisfree/2013/feb/13/secret-courts-uk-security-

services-off-hook

What is the viewpoint of the writer? Who is the author? What else ahs he written? What does the use of language tell you about the author’s viewpoint? Does the newspaper/new source have a stated view or political affiliation? What happened to the Bill discussed in the article?

2. Websites and online news:

Pick a topic and find two news articles with opposing (or at least differing points of view).

Post the links on Moodle Report your findings to the rest of the group

o Freedom of Association o Deportation and Human Rights o Terrorism and Personal Liberties o Article 6/Right to a Fair Trial o Article 9/Freedom of Thought Conscience and Religion

Group 2 Workshop Task

Property law

Background

In the news on 3rd February this year, it was reported that: “Landowners in the Sussex Downs

National Park are mounting a "legal blockade" to block a potential fracking site. Solicitors for

residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary

Ed Davey to explicitly deny permission to drill under their land.” (BBC news,

http://www.bbc.co.uk/news/business-26007057 accessed 4/2/14).

Your task

Find out the answers to the following questions:

1. What general laws relating to property are the landowners relying upon in mounting their ‘legal

blockade’? Do you think they will be successful?

2. Are there any specific laws which would allow the energy company and/or the Energy Secretary to

drill under the land despite the objections of the landowners?

3. What possible reforms to the law are being discussed to make it easier for energy companies to

carry out fracking?

Remember that you must be able to cite authority to back up your answers.

Recording your research

One member of your group must be tasked to record the approach of the group to the research,

and the steps taken. Please fill out the following table in real time:

Time Research undertaken Comment and Further Steps

Group 3 Task

Problem Solving

Read the scenario Answer the questions Fill in the Research Record

Scenario:

Your aunt phones you up. She wants to ask your advice because you are studying law. Her 19

year old son (your cousin) and three of his friends have decided to protest about the way that

the Stephen Gough has been treated. They are planning to stage a naked protest outside the

High Court on Monday.

Your aunt thinks they will be arrested and wants you to explain the law to her so that she can

try and dissuade him. Your cousin and his friends have told her that there is no criminal offence

of “being naked”, but she says she read on the BBC website that Stephen Gough was convicted

for being naked in public.

You don’t know who Stephen Gough is, or really know what she is talking about, but you agree

to help her.

Questions:

1. Make a list of questions that you need to find the answers to.

2. What is the first step that you are going to take to find out about this?

3. You discover that Stephen Gough has been convicted under the Public Order Act 1986. Where are you going to look up the relevant part of the statute?

4. You read somewhere that Stephen Gough lost an appeal in the High Court on 31st October 2013. What is the name and citation of the case?

5. You find a case on Public Order that seems relevant, but it is from 1990. What more do you need to find out about the case?

6. What other offences has Stephen Gough been convicted of?

7. What other information might you need in order to advise your aunt?

RESEARCH RECORD

Name of client:

Student’s name

Seminar Tutor

Date: Research Objective or task:

Research Material: (Statute, Regulation, Case, Book, Article. Lexis, etc)

Research Finding:

Are your findings up to date?

Yes/No (delete as appropriate)

Further Research Required:

Time spent on research:

Group 4 Workshop Task:

Piracy and International Law

Look at the task below and predict how many of the questions you think you will be

able to find answers to in 35 mins.

At the end of the 35 minutes look back at your prediction to see if you were

accurate.

Piracy is not just Johnny Depp and ‘The Pirates of the Caribbean’: it is a modern-day

maritime crime of far-reaching significance. Its contemporary image is better reflected in

the less-glamorous yet highly charged film ‘Captain Phillips’ starring Tom Hanks.

The modern world depends on global shipping to bring us the food we eat, the clothes we

wear and much else. The deprivations of piracy put these at risk. Moreover, piracy may have

devastating personal consequences. The main global ‘hotspot’ is off the coast of East Africa,

adjacent to the Somalia. However, there are now increasing reports of incidents in West

Africa and South-East Asia.

http://www.telegraph.co.uk/news/worldnews/piracy/8929550/Somali-pirates-arrested-

after-Royal-Navy-helicopter-chase.html

The Task

The research exercise requires you to explore the on-line resources in order to:

1. Identify the main international treaty that governs piracy.

2. Provide the legal definition of piracy.

3. Prepare an overview of the efforts taken by the international community to combat

piracy: provide a list of at least 5 effective measures that have been taken

4. Provide statistics relating to the number of armed pirate attacks off the coast of

West Africa, starting from 2010.

5. Describe the reporting mechanisms that exist to facilitate the reporting of piracy.

6. Explain the impact of piracy on: (a) the States of East Africa, (b) the Indian Ocean

Island (c) the global community

Starting points:

http://www.un.org/depts/los/piracy/piracy.htm

www.imo.org

http://daccess-dds-

ny.un.org/doc/UNDOC/GEN/N10/425/07/PDF/N1042507.pdf?OpenElement

Research Log:

Before you begin, discuss the manner and form in which you intend to log your research.

Determine also if each member of your research team will maintain their own research log /

record or whether there will be a common log.

Whatever method you choose, please remember that some must be able to replicate the

research log by following in your footsteps.

Group 5 Workshop Task:

1. Look at essay question for Family Law.

2. Using the Statsky Cartwheel on the next page generate a list of search terms that could be used to look for journal articles relevant to the essay topic.

If you have not used this cartwheel before, look at the example from the egal nfor ation iteracy State ent attached

3. Once you have a list of search terms use the terms to search the law databases and begin to put together a list of academic articles that you might need to read for the essay.

Family Law Coursework 2014

Emily Jackson comments:

“ ecause parents possess a bundle of i portant rights and duties, clear and una biguous legal

definitions of motherhood and fatherhood are self-evidently desirable. And yet the law has

tended to assume that the existence of a parent-child link will simply be obvious. Whilst this

may be true in the paradigm case of a child conceived through sexual intercourse and brought

up by both her genetic progenitors, for an increasing number of children there may be genuine

uncertainty about the identity of their parents […]Where there are a nu ber of possible

others and/or fathers, how should we choose between the in order to identify a child’s legal

parents?” (E ily Jackson (2006) What is a parent? n Diduck, & C O’Donovan, Feminists

Perspectives on Family Law (pp. 59-99) at p.59 Abingdon: Routledge-Cavendish.)

Critically analyse the basis on which the law confers the legal status of parenthood in

situations where there are a number of possible mothers and/or fathers. (You are not

required to discuss the position of step-parents)

Learning Outcomes:

You will have

Demonstrated effective legal research into a complex area of law.

Explained clearly the legal principles involved in this area of law.

Engaged in a critical analysis of the relevant statues and legal judgments.

Engaged in the academic debate on the legal attribution of parenthood.

Reflected upon the original data collected.

Presented a clear and coherent argument with logical progression of ideas.

Shown evidence of good communication skills including the use of clear and coherent

written style and the good use of English language, particularly spelling, grammar and

syntax.

Referenced work correctly and included a full bibliography.

Parents

Broader term

Closely related Term

Synonyms

Procedures and

remedies

Narrower terms

Long shots

Antoyms

Courts and agencies

Group 6

Looking for relevant cases

Background:

This is a task designed to help students in the early stages of researching a coursework

question in Family Law.

Your task:

Look at the coursework question over the page. Using Lexis and/or Justcite to search for cases start filling in the tables below.

The first box on the first table has been completed as an example. You are not expected to read judgments in full at this stage, but merely to

identify cases that may be relevant to the coursework question.

Problems applying/interpreting the Human Fertilisation and Embryology Acts of

2008 and 1990

Name of case Citation Law Facts Leeds Teaching Hospital NHS Trust v A

[2003] EWCH 259

Because the two men had not consented to their sperm being used in the way that it was used, the relevant sections of the HFEA 1990 did not apply and therefore court applied common law principles making the genetic father the legal father.

Couple A and Couple B were both receiving fertility treatment in the same clinic and following an error, Mrs A became pregnant with Mr ’s sper

DNA testing/disputes about paternity where there has been an affair

Name of case Citation Law Facts

Disputes between lesbian mothers and known donors:

Name of case Citation Law Facts

Surrogacy:

Name of case Citation Law Facts

Natural parent presumption:

Name of case Citation Law Facts

European Court of Human Rights cases on paternity

Name of case Citation Law Facts

Family Law Coursework 2014

Emily Jackson comments:

“ ecause parents possess a bundle of i portant rights and duties, clear and

unambiguous legal definitions of motherhood and fatherhood are self-evidently

desirable. And yet the law has tended to assume that the existence of a parent-child link

will simply be obvious. Whilst this may be true in the paradigm case of a child conceived

through sexual intercourse and brought up by both her genetic progenitors, for an

increasing number of children there may be genuine uncertainty about the identity of

their parents […]Where there are a nu ber of possible others and/or fathers, how

should we choose between the in order to identify a child’s legal parents?” (E ily

Jackson (2006) What is a parent? n Diduck, & C O’Donovan, Feminists Perspectives

on Family Law (pp. 59-99) at p.59 Abingdon: Routledge-Cavendish.)

Critically analyse the basis on which the law confers the legal status of

parenthood in situations where there are a number of possible mothers and/or

fathers. (You are not required to discuss the position of step-parents)

Learning Outcomes:

You will have

Demonstrated effective legal research into a complex area of law.

Explained clearly the legal principles involved in this area of law.

Engaged in a critical analysis of the relevant statues and legal judgments.

Engaged in the academic debate on the legal attribution of parenthood.

Reflected upon the original data collected.

Presented a clear and coherent argument with logical progression of ideas.

Shown evidence of good communication skills including the use of clear and

coherent written style and the good use of English language, particularly

spelling, grammar and syntax.

Referenced work correctly and included a full bibliography.