Untitled Note
Tue, 3/1 2:56PM 4:00:01
SUMMARY KEYWORDS
research, journal article, essay, databases, rights, find, question, legal, human rights, case, search,
class, material, new south wales, terms, identify, moodle, general, great, australia
06:56
Hello everyone, as usual, we’ll get started at 605. If you haven’t had the opportunity yet, I’ve
once again included an edited version on the power of PowerPoint slides in the class six. So
weeks week three class six section on Moodle. You can find a short version of the short version
that is like a short version of tonight’s PowerPoints there, and then the full set will be released
at 730 When we finish the class. So one more minute and then we will get started on the safe
means or today’s class might be on moment.
08:37
Alright, let’s get started with today’s class. And so in today’s class, we’re looking at the topic of
practicing legal research through databases. And we touched on this a bit last night with a bit
of an introduction to some of the databases that you would have got a bit more experience
with looking at the module looking at my video and then also with the guide to legal research
as well. And so just a reminder that you can find the guide to legal research in the week three
class six section on Moodle and that really does contain a lot of really important information
about where to locate particular types of documents and materials, how to cite them. So, as
we’ll talk about more in class seven, we use the Australian Guide to legal citation volume for
very specific there are changes between the volumes, but I really encourage you to work your
way through and hopefully you’ve had a chance to do that before tonight’s class. But if you
haven’t just to keep working your way through the guide to legal research and you will have
more of an opportunity to to undertake that research tonight. And then when the search essays
and research log material are released at 730 as well. Or I might do that a little bit earlier
depending on how we go for time. But there’s no rush. So in tonight’s class, we’re going to build
on what we covered yesterday by looking at how we approach an essay question. So
specifically, how do we tackle develop a strategy for approaching an essay question so how do
we what do we do in terms of identifying terms in the essay question, developing a research
strategy for breaking down the research components and what we need to look for How do we
undertake that research and the evaluate the quality and usefulness of the material How do
we bring that all together So everything all the research that we’ve done, how do we bring
that all together with the next stage after that being writing off And then I’ll also identify some
additional resources for you as well that are on Moodle. And then we’ll finish up with just a brief
summary and what and what to expect with class seven, which we covered last night too. And
just to acknowledge that I really do get to stand on the shoulders of giants in this course and I
do have a big a big debt to those who have taught this in particular before just to get certain
Liga physique ski and Allosaurus then the first thing I want to do is just ask if anyone has any
questions from last night’s class. Was there anything whereas you were kind of going through
today you’re like, Ah, I kind of I think I get what she was saying or I think I kind of get what that
was but can I just share if you want to pop that in the chat or post your hand up please go
ahead. Don’t worry, we’re not going to do a little luck a little quick is like what I’m trying to
think of what kind of credits I would make you making to work out. What are the two
subscription databases that I mentioned last night Not going to do that Hi, I’m going to take
that silence as my cue ball. No, it’s It’s actually just daunting. Yeah, I can appreciate that. It’s
um, yeah, I can really appreciate that. All of the everything that you’ve always wanted to hear
that was useful, Audrey. That’s great. As I’ve kind of said, ad nauseum in previous classes, you
really are getting so much information in such a short amount of time. And this is and there’s a
reason we do that because we want to be able to prepare uses those skills for your courses that
you might be doing now or in future terms. And so that’s why the course really is front loaded
like this. But you are getting a lot of introductory information not only in those legal concepts,
but also in how to go about your research, hopefully today and the resources that hopefully
today’s class will go through in terms of tackling a searcher say developing research surgery.
So that I appreciate that for some of you this might be what you do every day, you receive a
problem and you need to figure out how to tackle it. And so some of these it’s very likely that to
many of you, at least some of what I’m going to say is very likely,
13:37
is something that you’ve thought about a lot or regularly but hopefully it will help fill in some
gaps and particularly supplement your existing knowledge, particular strategies about
developing your legal research skills, being able to identify good label materials for your work
in the future. So let us begin Okay, so this is a practice essay question. It’s not the essay one of
the essay questions that’s going to be released tonight. It is an essay question that we’re going
to work through in tonight’s class and I will be putting you into small terms. So little bit later on
so that you can together in a group environment workouts, ways of approaching this I’m going
to give you some questions you’ll you may have seen those already in the the slides for
tonight’s class, but this is what this is the essay question that we’re going to use as an example
to work through this evening. And as I said before, some of the things we do may be very
obvious to do to us. Some of them may be entirely new, so I really do think that there’ll be
something for everyone in tonight. So, our research question, our practice research question is
as follows. assess whether New South Wales should follow the lead of other Australian states
and territories and introduce a formal Bill of Rights. Okay, we’ve got our essay question where
to from here. So the first place to start when looking at a new research essay question is
assessing the question what you know about the topic already, and undertaking some basic
research on that topic, to help supplement what you know, and also to figure out what to do
next. So often just a really simple place to start is with a brainstorm. What do you know about
the topic Then What are you being asked to do So to look at the task words, and we’ll talk
about what those in the moment in a moment what are you being asked to do by the question
in terms of not the substance of the question, but are you being asked to assess for consider or
analyze or examine and they can be subtle differences between each of those terms, which is
why it’s important to think about that. So you need to think about what you’re being asked to
do in terms of the task word that you’re being directed to do and what you’re being asked to
write about. So the substance of the essay, what are the key words in the essay question that
kind of help you along your way, or they’re designed to help you along your way Google and
Wikipedia. As I said last night, a group of basic introductions to topics. But as we said,
Wikipedia is not appropriate for research per se. And you need to be critical with sources that
you find via Google, which we’ll talk about more later. And then it’s also help helpful to start off
by consulting any legal encyclopedias. So like the laws of Australia, which is accessible via the
UNSW library, or any legal dictionaries, as well for more precise definitions of any terms.
Alright, so tackling a research essay question in the essay question that we have the task
words that we have is assess.
17:45
Sorry, assess whether New South Wales should follow the lead of other Australian states or
territories and introduce a formal Bill of Rights. So a really useful was boss is actually this
glossary of task words, which you can find via the link on the slides there. And again, this may
feel a little bit of yours. So you’re like, I can’t I can’t believe I’m being told to. You know, what
argue means. But for some of you, you may not have done this for a while for some of you, you
may not have have had to your previous degree may not have been very legal focused or some
arts or very humanities focused. So this type of information can be really helpful. So it’s great.
This resource is great to help you understand what you are being asked to do, by research
essay questions. So without question, the task word is the fifth. And this glossary of textbooks
defines assess as consider the value or or importance of something, paying due attention to
positive, negative and disputable aspects, and citing the judgments of any known authorities as
well as your own. So in assessing something you are being asked to in in this question, you’re
being asked to assess and really that means weighing up the positive and negative aspects of
this proposition and putting forward your opinion as to whether or not it should occur. So the
next step you’ve been told to assess, okay, so what are you actually being expected to assess
that, though, what I have circled in blue, that’s what you’re being asked was this, whether one
New South Wales so at the state of New South Wales, you’re not just being asked at a general
level of bills of rights and states and territories any good you’re being asked to assess with a
New South Wales specifically to whether it should follow the wage. So whether it’s to do but
some other Australian states, states and territories have done and then pray, whether it should
follow their lead and introduce a formal Bill of Rights. So you’ve got your task word which is
assess, you’re being asked to put forward the positive and negative aspects and reach a
determination as to whether New South Wales should follow the leaf so should do what other
states and territories have done. And introduce a formal Bill of Rights. I lifts them we’ve got
from this, we’ve been told what we need to do in terms of the form in terms of what we’re
being asked to do. We know what we’re being asked to write about, but where do we start our
research And that’s when again, you need to closely read what is provided in the research
essay question. So if you want to answer in the chat, or if you want to put your hand up what
are the key terms in this essay question. It’s clear that your essay needs to assess whether
New South Wales specifically should introduce a bill of rights. But what clues does the question
itself give you as to search terms to start with So if you want to put your hand up or pop a
response in the chat, what are some of the things that the question itself is giving you some
hints about as to where you might start your research If you were tackling this question, what
are some of the parts of the questions some of the terms of the questions things give you an
idea of where to start learning Thank you Sorry, buddy, do you want to go ahead
22:51
Sorry, my technology. I would first of all, if you can see my other Australian states have a bit of
rights. Yep.
22:59
Yeah, good. Good. Excellent. So yep. Yeah, great. Excellent. So we’ve got So Bernie, your
response was great. Now, what Australian states have done so bright, so ready, right To do
sprints of the new south of the gills with resell rights, so perhaps why we haven’t introduced
one. potentially look at other states. Yep. And what deficiencies lead to it. Right, Joshua Yeah.
The difference of the Bill of Rights between New South Wales in Australia. Yeah, that’s great.
And actually, if you did that, you would find out that Australia doesn’t have a bill of rights. So
that’s it. So itself is interesting, and there’s been a lot of discussion about that. And that’s one
of the reasons that has led to the number of states and territories despite the good thing, but
good introduced the bill of rights. So for the good responses or well. So, once you’ve
determined do a few searches on Google. See if you can find out any more. Any further
relevant, more precise information that will help you then refine your research so some of the
questions that this essay question itself this one question gives rise to is, as you correctly
identify, Okay, one place to start is what other states and territories actually have formal
documented bills of rights. What is in those bills of rights And what are some of the key
sections has there been much interpretation of these materials Then what’s the position in
new stuff by always how are these How was similar rights protected So if it’s not through a
formal Bill of Rights, have these been protected through for example, other legislation or the
courts Is that protection adequate As New South Wales previously considered introducing a
bill of rights, if yes, why did it decide not to do that And what has scholars said so what have
academics or lawyers or politicians said about introducing a formal Bill of Rights in New South
Wales or in Australia more generally So from this one question, you can see that there is a
variety of places that you can start your research that one question has given rise to the
following five different research questions or ways you can start thinking about your research.
Looking for states that would be the simplest way to proceed, is to actually find out okay, what
other states and territories have introduced those and where can I find them and have a read
through those That is probably the simplest and most efficient way of beginning but then you
have a lot of other questions that will help you use your research topic, the topic of this essay
as well. Okay, so Wayne so you’ve you’ve identified your task once you’ve identified what
you’re being asked to do. You’ve identified the key terms from the question and some of the
bigger questions that will help you answer or some of the questions that you’ll need to answer
in order to answer the essay question itself. You sit down, you do a bit of research on Google or
Wikipedia. And then come back and you write down your ideas. What have you found out
already from just doing some basic searching around this particular search Have you found
out what states and territories might have bills of rights Have you found something that says
why New South Wales has decided not to do this
27:42
From at this next stage, you’ll likely come up with, for example, a list of statutes a list of other
bills of rights or human rights that that will give you a place to start when it sorry, let me
rephrase that. You’ll likely have come up with a list of resources, like Human Rights Act, other
bills of rights that have been passed in other states and territories. And you can use those as a
hot focused tool. You can search for those in more specific databases like Westlaw, like awfully
like LexisNexis and that will give you a good place to start. But at the same time, you might not
have come across much material yet depending on the question. And so something you may
need to do is actually refine your search term. If you put human rights Australia into Google,
you’re going to come back with a lot of material and a lot of it isn’t going to be helpful
immediately or a lot of it is going to be repetitive. It’s not going to give you the most targeted
responses or the most more targeted responses that you need. So at this point, you may need
to refine your search term. Does your initial research indicate that there are better terms you
could be using So for example, could you be using instead of using the term we’ll have right
Could you use something like human rights And have you encountered the names of of any
statutes or case law that might be useful in starting your research So the next thing in the
chain in the process, before you begin that next stage, you might like to write down five
possible search terms and or Boolean searches, and then go through so write down your search
terms, determine h database you’re going to use, whether there’s a particular type of material
that he wants
to focus on finding. And from there, for example, you could use your search
terms undertake a search for each of those five possible search trends in Westlaw or
LexisNexis. And honestly, to see what you come back with. Alternatively, you might like a
different strategy before you go straight into the databases. And it is whatever you feel
comfortable with. If it does still feel daunting, then you might like to do just a general search in
the UNSW library catalog. And that will bring up search material that will bring up research
materials like textbooks and legal encyclopedias, which will help us further on the topic without
diving us straight into doing a search that results in 500 cases that you’re not sure what to do
with so as you begin your research, generals secondary sources, so textbooks or legal
encyclopedias will likely be helpful, in addition to more specific secondary sources, like books
on journal articles on that topic, and this will help you build up your confidence in locating and
considering relevant primary materials. So finding, finding for example, you may do a search of
the term Bill of Rights and you’re looking for cases in LexisNexis and comes back we use 500
different case names and as I said, well that is really daunting. I would be daunted by that. But
if you have a case for her textbook or legal encyclopedia service light filter was Australia that
can help you refine that can help you identify key cases, that will be helpful. You’ll be able to go
find that case find the legislation cited in that case. And it’s it it will help you focus your
research and start to identify more concrete resources that you can then use to find other
material. So a good textbook really is one of the best places to start, particularly if you have
very little knowledge on a topic.
32:46
All right, the next stage is stage three, the next stage of your research. So if you already know
the name of so if during your pulmonary research, you’ve been able to identify a case or a
relevant piece of legislation, and you can use a database to find that legislation or that case,
and you might be able to pull up some journal articles like I did. In the video example that’s on
Moodle if you’re using search terms, so if you don’t have the specific name of a case of his
legislation yet, you might just use your general Boolean search terms like or search term like
Bill of Rights in quotation marks and Australia. You can pop that into the library catalog or
Westlaw or LexisNexis to help you identify material and it may take a bit of time to work
through each database. If you are getting large numbers of hits that probably that well that can
mean a couple of things. It can mean that there’s an been an enormous amount written. So an
enormous number of decisions in that area. If however, you’re getting a lot of hits, but they
don’t seem to be directly relevant. They’re just mentioning something in passing. You may
need to refine your search terms work through each database slowly and taking notes along
the way. This is an ideal way to proceed. This is a strategy it may not be always be possible to
spend this amount of time working through you’re working through an essay question or essay
topic you might be given a short amount of time. And that story is my light going through this
strategy in detail is because it does a quick few with a very focused way a ladder almost of
proceeding through these different stages. So stage one as we saw is assessing the question
and your own existing knowledge and undertaking basic research. Stage two is developing a
research strategy. So after you’ve done that initial research, refining your strategy for for in
order to locate more specific and relevant information, and then stage three, that next stage of
research heading into the databases and that is what we are going to do now. So I’m going to
put you into groups and this is what I would like you to do and this slide is in the PowerPoints
that are available on Moodle now. So I’m going to give you 20 to 25 minutes and this is what
you’re being asked to do. So first up, Camera Camera Camera first, cameras and microphones
on please introduce yourself and where you’re coming to class from today. Talk about your and
so just to clarify that this. What you’re being asked to do is based on the practice essay
question for this evening. So I would like you to do your research based on the practice essay
question that’s in the slides. I think that’s about page four for slides. Assist with a New South
Wales should follow the lay of other Australian states or territories and introduced a formal Bill
of Rights. Okay, so that’s your essay question. And I would like you to base your research on
that essay. Question. So cameras and mics on, introduce yourself. Talk about what you think
next talk about what you will on the topic already. You might have no knowledge and that is
absolutely fine. There are enormous amounts of areas of law where I definitely have no
preliminary knowledge and that’s fine because it means that you’re ready to go. Go with your
search terms and think up some search terms based on your essay. No worries Joseph if you’re
in your group if you eat, you can communicate via the chat with your group members. Um, so
then after you’ve kind of talked through what you look for luminary
37:41
your preliminary ideas about the topic what you know already your preliminary knowledge,
then Google if you have my permission, use Google to find out some basic information on that
topic and to refine your search terms. Then utilizing your search terms, and those terms that
you’ve developed as a group, choose a database, and then try some of those search terms in
that database. You might come up with a lot of material and I think actually probably will come
up with a lot of material. But just have a go with doing some research in that database. And
then what I would like each group to do and just one person needs to post this is to provide a
response to the following two questions and this is in the legal research general discussion
forum, which you can find under the class six section on Moodle. So just one person is fine. And
if you do run out of time you don’t get to this that’s absolutely fine. If when we come back to
the main room, it would be great if you could just fill us in verbally on how you went. So what
we’ll be talking about what I’d like you to post on but at the very least discuss when we get
back what were you able to find out by Google Did this initial research affect your search
terms and what material were you able to find through the assigned data basis All right. Okay,
so what I’m going to do now, does anyone have any questions So introduce yourselves, talk
about what you know at the moment about the topic. Use Google to find out some basic
information, help refine your search terms, and then head into one of the legal databases as a
group and see what you can find there. Can you locate me legislation or case law that will help
you with this topic If you can answer Question five on the legal research general discussion
forum, but otherwise be ready to kind of talk through your experiences when you get back to
class. All right, it is 637 Sydney time I’m going to give you 25 minutes, so I’m going to bring you
back to the main room at 7pm. If anyone has any questions along the way, please feel free,
free to fry. Feel free to reach out to me either directly through the group chat the class chat or
privately is fine to remain out. So again, if you have any questions, please feel free to reach out
like that. Okay, I’m going to launch everyone into their breakout groups now. It’s 637 I’ll bring
everyone back to the main room at seven o’clock Sydney time. Please keep an eye on the chat.
Thanks. Everyone.
41:37
Hello
41:47
she said to pause on the general discussion, but I don’t see any questions. So where are the
questions I’m just going to copy paste a question on Google Yeah, or Australian state bill of
rights probably. For me, I have no preliminary knowledge of like Bill of Rights in Australia, so I’ll
probably have to research about that first and then search research when NSW and then then
yeah, and finally answer the question. Is Australia even half a Bill of Rights Apparently not.
47:48
Question one. What were you able to find out via Google Did this initial research affect your
search terms I was able to find out that Australia had no bill of rights Yes. Yeah, Google, it’s
like, um, it’s like Wikipedia and then like a lot of I’m not really like trustworthy information. It’s
like a lot of news articles a bunch of like, government websites that I don’t know if they’re, like,
legit or not.
49:06
Yeah. I don’t know. Just get a bunch of news articles everywhere
49:22
we read it, we were able to find a lot of articles on Google Yeah, I think they’re like wanting to
implement like urging the government to implement like Bill rights but not really like. That’s
their own like, opinion though. Like, all most of the information are very biased, I guess. On
Google. Mostly.
50:57
Did the initial research affect your research firms I think I think initial research on Google
should affect research in terms of research
51:14
research. I don’t mind all the same. But I mean, there was like one, I’m almost off to Australia.
article that popped up on Google Yeah, it’s um, Australia. Bill 2017. A Bill of Rights meeting the
human rights and fundamental freedom of all Australians. All people in Australia. And for
related purposes.
52:15
And then just show some on all still Yes. Yeah, even on Google, it’s mostly like if you search like
on Bill of Rights Australia, it mainly pops up like human rights. bills and stuff. Yeah, it’s all
human rights. The federal government does not want a national Bill of Rights. right to freedom
movement.
53:15
Yeah okay, Greece name the revised
53:37
website
53:43
I’m urging
54:03
for protection of your rights. Yeah, it’s cool. It’s just mostly like, everything that pops up is
human rights, human rights. Human rights are human rights protected. There’s there’s one
freedom of movement but it’s still kind of human rights
55:12
everything is human rights. Here. Let me go on off till in this page okay, I type B all rights into
all stable, and then I always get a traditional rights and freedom or Charter of Rights or does
mania religious discrimination How great. That was transitional rights and freedom. This is
2015 encroachment by Commonwealth laws. Try another another research I’m done also.
Talking to you in your library Oh, Asian. If I found this article on Lexis assess Bill of Rights why
now why New South Wales and it’s on human rights again this isn’t 2000 2000 The second
question what material you were able to locate through your assigned Eagle okay. We used to
exist. We use access axis we were able to find to find an article another call on intent
1:03:44
on course a document. Thanks What is going on in the thing Oh, they follow the same they
found the same article as me so. Concordia University Library How does she even locate this
dissertation oh hi I love researching through UNSW Library Help me find this journal Okay. Law
Society journal. Number 38 article eight
1:08:35
I’m now sorry um, I hope you had a good opportunity to have a chat sorry to to drag you back
in with some great comments in the chat and let’s have a bit of a debrief now. See how you
went and see if you had any difficulties in the task itself. So feel free to pop your hand up or
respond via the chat either is fine. So we’ll go through the questions that are on the slide first
and then I’ll actually address one of the questions the the scenario that came through on the
via the chat and what you do in circumstances like that. So let’s start off then. So basic
question What were you able to find out about this topic via Google What were you from just
some basic Google searching what were you able to find out If anyone wants to pop something
in the chat or if anyone wants to put their hand up Megan, thank you. Go ahead. Thanks.
1:09:48
I did it on the video that I’m
1:09:51
saying those Yeah. Great. Thanks.
1:09:55
Um, on the on Google, we found sort of more general information there were, you know, does
New South Wales have a bill of rights question and it returned or which states had a bill of right
have a bill of rights in Australia. It gives you that general sort of factual information and you to
summary paragraphs and things. Yeah. We didn’t stay on Google for too long. We sort of did
that quickly. And then
1:10:24
yeah, and often it’s the case. So just having thanks so much, Megan. And just having a look at
kind of what’s come through the chat. Yes, two states and one territory, Victoria, Queensland
and the Australian Capital Territory, all have human rights acts. And yeah, you were there when
you would have come across a lot of opinion pieces. Francesca that’s a really good point too.
And I mean, once you have that kind of basic information of okay, I know that Victoria,
Queensland and the A CT all had these human rights sites. That’s a great place to start. Bernie,
go ahead. Thank you.
1:10:59
This is just a question and not in our chat. So you the question is asked for about a bill of rights
This is just a question and not in our chat. So you the question is asked for about a bill of rights
but everything that we were looking at where human rights act or action rights charter, so is
that is that a rabbit hole to go down Or
1:11:14
Yeah, that’d be a little bit actually. Yeah. Because I mean, in Australia, we have these types of,
yeah, basically, they’re into like a Bill of Rights size and a human rights are essentially it’s
changeable. They’re statutes that provide for a list of human rights and you’re going to find the
same sorts of things in each case. So yeah, that’s in using the term Bill of Rights there. For
example, I was careful to use that rather than the Human Rights Act, because you would have
been able to find those immediately. So that was me being a little bit of a trickster, but well
spotted and they are pretty interchangeable. Sometimes the thing that they might be, but
yeah, in that circumstance, you certainly you’ve been I’ve had to driven yourself further into
that hole that would have been closed off quickly go that’s a really good question, Bernie. So
the great thing Yeah, the great thing was something like this topic angers or is yeah, you are
able to find some really relevant information quickly, that you can then use too many go
straight into the databases. So moving to that second question, what material were you then
able to locate through the assigned legal databases From what from what you had kind of
drawn on when you were googling it Were you then able to take that information, refine your
search terms and pop that into your databases and what sort of materials did you come up
with Again Probably pop your responses in the chat or if you anyone wanted to put their hand
up How do you decide to use which database million dollar question um, it can just depend so
for example, if you if, if you remember from Yep, if okay. Oh, you found that article Oh, yeah.
Yep. So in terms of deciding to use which database it can come down to a lot of things it can
come down to a personal preference. As you continue with your research, you might find that
you prefer one database over another. I find Lexus really user friendly. But as we discovered, it
doesn’t always have all the relevant information there. Sometimes you have to kind of follow
things up, Westlaw. is great, because it has a lot of the reported case law. So we mentioned
last night, those authorized law reports. And it has a lot of reported cases. So if you are at a
stage where you’re ready to really dive into the case law, then that can be good too. So a range
of rate arranges the range of factors can go into deciding which database to start with, but
really, you should be trying to work through all the databases in a systematic way. So I know
that a couple of groups found a journal article that found that Law Society journal article, what
else did you find what else were you able to locate through those databases
1:14:41
Were you able anyone able to find any copies of the acts themselves