- Secure Payment Guarantee
Law5pmi - Legal Process, Methods And Institutions
Research Essay Instructions
- Submission deadline and process
The Research Essay must be submitted by 11.59pm Tuesday 31 May 2022 via Turnitin on
LMS. Submit your essay to the submission link that corresponds with your chosen topic (a, b
- Late Submission Policy
For information about the late submission policy, applications for extensions and
procedures for special consideration, please read pages 5-6 of the Subject Learning Guide.
- Word Limit
The word limit for this assessment is 3,500 words. You must include a word count at the
end of your assignment. The word limit includes headings and subheadings. Provided that
no substantive text appears in the footnotes these do not count in the word limit. All
substantial text should be incorporated into the body of your assignment, not in the footnotes.
If substantial text is incorporated in your footnotes it must be included in your word count.
The word limit does not include the reference list.
If your assignment is over the word limit, only the first 3,500 words will be read, the remainder
of your answer will be disregarded. Please take note that the word limits will be strictly
applied. The so-called ‘10% leeway rule’ (allowing the word limit to be exceeded by 10%)
does not apply.
Your assignment must be typed in 12 point font and be 1.5 spaced and include footnotes
referenced in accordance with the Australian Guide to Legal Citation (4th ed, 2018). You should
include a reference list set out in AGLC format.
It is necessary to use quotation marks (‘x’) when quoting an author’s words and cite
the source in a footnote. It is also important to include that source in your reference list.
When referring to an author’s ideas and/or paraphrasing their words, it is necessary to
footnote the source.
When writing your essay you may wish to refer to Paula Baron and Lillian Corbin, Chapter
6 ‘Research Essays, Theses and Dissertations’ in Legal Writing: Academic and Professional
Communication (Oxford University Press, 2016).
- Assessment Criteria
The following information is included to help student’s understanding of what
examiners look for when assessing written work. It suggests factors or qualities they
look for to determine the levels of understanding and performance being demonstrated, and
to differentiate between the various grades. It is important to understand that not every
criterion noted below requires equal attention or is intended to be of equal weighting.
ADDRESSING THE QUESTION (How well does the essay respond to the question?)
ARGUMENT (Does the essay have a clear and coherent argument?)
STRUCTURE (Does the essay have an evident and logical structure?)
DEPTH OF RESEARCH (Does the essay locate and use an appropriate amount and variety of
relevant research materials? Note that to satisfy this criterion students are required to conduct legal
research outside of the LAW5PMI materials, while also referencing relevant essential readings
prescribed throughout the semester).
CRITICAL ENGAGEMENT (Does the essay demonstrate critical analysis of relevant research
ORIGINALITY (Does the essay demonstrate originality of thought?)
STYLE (Is the writing style and expression, including grammar, spelling and punctuation,
CITATION (Are research materials accurately and adequately cited?)
REFERENCE LIST (How comprehensive and appropriate is the reference list?)
- Academic Integrity
Academic integrity means being honest in academic work and taking responsibility for
learning the conventions of scholarship. La Trobe University views this seriously as evidenced
by the following extract from page 6 of the Subject Learning Guide:
Academic integrity means being honest in academic work and taking
responsibility for learning the conventions of scholarship. Academic integrity
education is integral to the learning experience at La Trobe University. The
University requires its academic staff and students to observe the highest ethical
standards in all aspects of academic work, and it demonstrates its commitment to
these values by awarding due credit for honestly conducted scholarly work, and
by penalising academic misconduct and all forms of cheating.
Academic misconduct includes improper referencing, plagiarism, copying and cheating. You
should familiarise yourself with your responsibilities in relation to Academic Integrity.
Information can be found on this website:
Students are not permitted to work in groups or collaborate in answering the Research Essay
or discuss their answers with other students. Students must certify that the work submitted
is their own individual work.
Write a 3,500 word research essay answering ONE of the following topics (50 marks).
(a) A fundamental tenet of the rule of law is ‘equality before the law’. Critically evaluate
two features of the Australian legal system that promote ‘equality before the law’ by
reference to one disadvantaged group in the Australian community.
(b) Anna Coote has posed the question whether the admission to practice requirements are
‘productive or persecutive’: ‘“Fame and Character” Requirements: Productive or
Persecutive?’ (2020) Burgmann Journal
Discuss this proposition with a focus on the requirement for law students to declare
allegations/findings of academic misconduct from during their law degree when seeking
admission to legal practice in Victoria.
(c) ‘It was the French author Anatole France who captured the essential injustice of treating
unequal people equally. He wrote that “the law, in its majestic equality, forbids rich and poor
alike to sleep under bridges, to beg in the streets, and to steal bread.” […] Take Mr Tomasevic,
for example. When he stood before the judge in the present case, he was not poor, had not
slept under a bridge and had not stolen bread. He was a trained teacher with a confident
manner, a strong voice and a large grievance, and so was one kind of person among the great
diversity of people who appear in the courts self-represented. But, to use the words of the
Smith J in R v Nilson, he was still in a position of “grave disadvantage.” That was because he
lacked two critical qualities possessed by competent lawyers: professional skill and ability,
and objectivity’: Tomasevic v Travaglini  VSC 337  –  per Bell J.
Critically evaluate Justice Bell’s comments about self-representation versus the qualities that
competent lawyers bring to the representation of their clients. In addition to the qualities of
‘competent lawyers’ referred to by Bell J (‘professional skill and ability, and objectivity’) you
should also consider the role of legal ethics and professional responsibility. Your response
should examine how self-representation and competent legal representation impact on access