COURSE CODE: 22276VIC
COURSE NAME: Advanced Diploma of Legal Practice
UNIT CODE: VU21632
UNIT NAME: Research and Evaluate Legal Research Method
Instructions for Student:
• This is an individual assessment.
• Students must attempt all questions.
• Students must use the Australian Guide to Legal Citation for referencing in all answers.
• Questions are to be completed using Microsoft Word.
• Assessments are to be submitted no later than the due date as per this unit guide.
• Late submission without application and approval of an extension prior to the due date will forfeit your chance for a resubmission.
• Ask your assessor if you are unsure about any aspect of the assessment.
Assessment Task: The assessment file is available on VU Collaborate
Documents to submit:
• A hard copy of your assessment.
• Ensure you submit with a VUP Assessment Coversheet
• Ensure your assessment has your full name, student ID and email
Performance Elements 5, 6, 7 and 8 are being tested in this assessment.
Research Case Study Due week 16.
5.1 Discuss the history and importance of “Halsburys of Laws of England”. Provide a screen shot of a page or article from this very important source. There are many versions and editions. You may choose any that you can access.
Halsbury of Laws of England is an authoritative encyclopedia of Law in the England and Wales. The importance of Halsbury of Laws of England is it Is arranged by subject, with several indexes and updating services. It is particularly useful if you are researching a new area of law and need to find the most important cases, legislation, and commentary in that area. It is also covering the whole spectrum of English Law and is designed to enable practitioners to answer questions that is likely to arise in the course of their work. Another feature of Halsbury of Laws of England is it provides the only comprehensive narrative statement of the law of England and Wales. Most importantly it contains law derived from every source and it is also written by leading lawyers, both practitioners and academics. This is to ensure that readers have full benefits of knowledge and experiences. The Halsbury of Laws of England was first published in 31 Volumes between 1907 and 1917. Between 1931 and 1942 with 43 volumes the second edition was published. In 1952 and 1964 the third edition was published, and the fourth edition was published between 1973 and 1987 in 56 volumes, with reissues between 1988 and 2008.
5.2 Provide a screen shot of the index to Australian law journals (periodicals) from Austlii.
5.3 Print or take a screen shot of the full text search for “attempted murder” on Austlii.
5.4 Find a textbook or academic journal on criminal law and locate a topic on “attempts” in relation to attempting a crime. Write a short paragraph on the article you located and provide a reference in there to the textbook or academic journal you used.
6.1 Provide a print-out or screen shot showing how you located Victorian cases on “contributory negligence”.
6.2 How would you go about to find out if a case you are reading has gone on appeal to a superior court? Locate a case and trace its appeal history. For example a case may have started in the Supreme Court, then have been appealed to the Court of Appeal and then further appealed to the High Court.
6.3 Locate an example of a “case note” for the famous High Court decision in Mabo v Queensland and print to your portfolio file.
7.1 Previously in our criminal law in Victoria, we used to have the common law doctrine of “insanity”. Parliament has now passed a specific statute which abolishes the “insanity defence”. Please locate this statute and discuss its main purpose and effect.
7.2 Have a look at the Crimes (Homicide) Act 2005. What does this Act amend? Has there been a reprint of the Act that has been amended?
7.3 List with hyperlinks two cases which consider the Crimes (Homicide) Act 2005.
7.4 Jack is suffering from acute paranoid schizophrenia. One night he wakes up and thinks his girlfriend Jill is the devil. He sees a vision of an angel telling Jack that Jill is the devil and he must do Gods work and destroy the devil. Jack grabs his pillow and suffocates Jill. The Police charge Jack with murder. What legislation would you look at to assist Jack. Give a detailed analysis.
8.1 How would you find delegated legislation?
8.2 How would you be able to know and locate if delegated legislation has been reprinted?
8.3 Locate the High Court decision in Victorian Stevedoring and General Contracting v Dignan and write a case summary?
8.4 What was the delegated legislation in question in Victorian Stevedoring and General Contracting v Dignan?
End of assessment.