The purpose of a research essay: A research essay gives you the opportunity to show your research skills on your selected topic. You should display your ability to find, read, consider and analyse the researched materials, and express your reasoned views. A research essay is more than a mere narrative of the materials. Marks are awarded on the process of legal reasoning rather than the conclusion reached, although obvious errors in reasoning to that conclusion will lose marks. In other words, your arguments/views/analysis are important provided they are properly argued and supported. Fundamental to success is a properly organised and structured essay. A cogent structure can take several forms, but a suggested structure is set out below.

Organisation and Structure – A research essay has five broad parts:

1. Introduction: An introduction should be a succinct summary of the essay. Introductions should be 400-600 words in length. The marker should, after reading the introduction, have a clear understanding of the topic and a broad overview of the problems/issues and the student’s methodology used to address those problems/ issues.

2. Background: Depending on the topic, setting out relevant background may be necessary, for example, defining key terms or concepts, identifying and briefly discussing relevant law or industry practice or government policy, identifying and summarizing published materials in the area, etc.
Discuss what is significant, necessary and relevant to your analysis. Avoid irrelevancies.

3. Identify the problems/issues: Clearly set out and discuss the problems and issues identified. The use of subheadings for each distinct problem is useful.

4. Resolving the problems/issues; methodology: Having identified the problems/issues you should identify the methodology used to analyse/discuss/consider/resolve the problems/issues. In Parts 3 and 4 (the key components of any essay) an examiner will look for various features including: your arguments; identifying and critically discussing other published works in the area; identifying the significant and important problems/issues; consistency and logical development of argument; consideration of the concepts applicable to solving the problem; original research/ideas; how you use existing knowledge and relate that to new knowledge; the application of theoretical ideas to industry practice; critical evaluation of existing case law (where relevant); etc.

Evaluation Criteria

The essays will be marked according to:
– addressing the question with relevant and high quality legal authorities evidence of high quality research beyond the prescribed readings
– detailed use of primary authorities (legislation and cases)
– critical analysis of the question
– clarity of writing and structure and
– appropriate and consistent referencing using the Australian Guide to Legal Citation