Reference no: EM131043273 , Length: word count:2500
Writing Law Assignments-
The steps involved-
1. Understand task requirements
2. Know assessment criteria
3. Reading, note-taking, paraphrasing
4. Writing according to IRAC
6. Checking references
Understand Task Requirements
Use your course description to discover what's expected of you. As a minimum, you should know:
-area/s of law you should focus on
-how much independent research is expected
Know Criteria for Assessment
Again, use your course description to find out what you will be marked on e.g:
-your written expression/grammar/ punctuation
-your use of headings and formatting
-the depth of your understanding of the topic and identification of relevant issues
-the accuracy of law (legislation and cases) used to support discussion
How to deal with a legal narrative
-read thru several times
-highlight/underline key phrases
-use IRAC methodology
Issue, Reference or Rule, Analysis or Application, Conclusion
-start with statement of the issue or question at hand. In the issue section of an IRAC it is important to state exactly what the question of law is
-leave some blank space at the top of your assignment, and write in the issue statement only after you have finished writing your analysis, because only then do you really understand the underlying issue
Step 1 - Identify the area or areas of law
-identify the area or areas of law which need to be explained in order to answer the question
-only a sentence is required for this step e.g: "the area of law relevant to this question is whether the first element of the tort of negligence, the requirement for a duty of care, has been satisfied"
R = Rule
-follows the statement of the issue at hand
-is the statement of the rules pertinent in deciding the issue stated
-rules in a common law jurisdiction derive from court case precedent and statute, but not necessarily in that chronological order
-needs to be a legal summary of all the rules used in the analysis and is often written in a manner which paraphrases information into applicable rules
-should be written in chronological order
Step 2 - Explain the principles of law
-Explain ONLY the law that is relevant to the assignment question's legal narrative
-Identify important cases, provide a brief summary of their facts to provide essential context, the decision(s) of the Court, and a statement of the important principle of law that the case makes clear
A = Application
-applies the rules developed in the rules section to the specific facts of the issue at hand
-uses only the rules stated in the rules section of the IRAC and usually utilizes all the rules stated including exceptions as is required by the analysis
-apply the rules to the facts of the case and explain or argue why a particular rule applies or does not apply in the case presented
-is the most important section of an IRAC because it develops the answer to the issue at hand
Step 3 - Apply the law
-apply the law to the facts of the question in a reasonable and logical manner
-consider each aspect or element of legal criteria discussed in Step 2 and then decide, and write, whether or not it is satisfied in the scenario that you are analysing
The fundamental principle of the analysis
-if the facts of the relevant case-law are sufficiently similar to the facts in the exam question, then the holding(s) in the relevant case-law apply as the exam answer to the facts of the exam question
-therefore, you must write about how similar are each of the facts in the exam question to those stated in the relevant case-law
C = Conclusion
-directly answers the question presented in the issue section of the IRAC. In a way, the conclusion is your thesis statement
-does not introduce any new rules or analysis. This section restates the issue and provides the final answer
Step 4 - Draw possible conclusions
-use tentative language, such as "it is likely"
-state your conclusion in one, or two, sentences. No more. DO NOT INTRODUCE NEW STATEMENTS OF EITHER CASE-LAW OR STATUTORY PROVISIONS IN YOUR CONCLUSION
-your conclusion is a summary of the natural outcome of your analysis in step 3.
Subject: Legal Method and research Major Assignment
Purpose - This is a significant task that requires forward planning and adequate time for research, reading and reflecting.
You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to:
• develop your independent research skills;
• enhance your understanding of law as a dynamic process;
• learn how to independently research a particular aspect of the law;
• reflect on and consider particular legal issues;
• demonstrate understanding of the legal environment, including relevant laws;
• develop your knowledge about the subject area of your research;
• demonstrate the ability to investigate, synthesise and analyse;
• develop critical thinking ability;
• communicate the findings in a formal price of work and meet a deadline;
• enhance your analytical and written communication skills; and
• apply your legal skills.
PROBLEM: In 2011 A and B, two academic research scientists, formed a company, AB Ltd., to carry out research and development in areas of genetic engineering. At that time, this area of bioscience was in its infancy. Over the following years the company trained and bought in scientific experts, and became recognised as one of the world's leading research groups in particular areas of genetic engineering. In 2013, it launched a major, and widely publicised, research programme to develop a gene therapy for Parkinson's disease.
The project was estimated to take up to five years. For the past three years, a great deal of routine, but nevertheless time-consuming, research had been completed and relevant knowledge had been built up; the research group was confident that it would achieve its objectives within the five year timeframe. Three months ago, an American Company, CD Inc. decided to set up a research organisation in Australia. It made an attractive offer to B, who left AB Ltd. to head its newly established research programme to provide gene therapy for Parkinson's disease.
B was also authorised to make offers to the best scientists among his former research colleagues working on that project, and he persuaded five key personnel to join him. As a result of the loss of key staff, AB Ltd. believes that it will not be able to complete the research programme for another three years.
However, CD Inc. is confident that its new research team will achieve its objective in two years. You are consulted by CD Inc., B and his five colleagues, as to their position and any steps they should take to ensure that they do not infringe any of the rights of AB Ltd. Use the IRAC /MIRAT legal problem solving model to assist you with the process of legal problem solving. Identify the key search terms and legal databases which you have used in answering this problem.