Research and Thinking during the Preparation of the Moot and Coursework
Brainstorming
Initial consideration prior to the research and write-up of the moot work included a close scrutiny of the facts of the case to determine the relationship of the parties and the events surrounding the claims of each parties, the key and subordinate issues raised by the parties, and the legal principles and provisions applicable to the case. Prior considerations in the case of the coursework involved pondering upon the statement to identify the different perspective in discussing the statement and choosing a particular point of view. After identifying all these areas, the research techniques and sites were determined.
Researching Sources
After identifying the topics for research, the possible sources of information were identified, covering books, journals, papers and online sources. In research, knowing the keywords is important to find relevant sources. In the moot work, the primary issue subject to the parties’ arguments is the existence of a valid contract. The key words in searching for sources are contract law, formation of contract, and valid contract. These key words were applicable whether searching for books, journals and papers in the library of searching for internet-based resources. Key words in the coursework includes criminal justice system, jury system, role of the jury, and a combination of these phrases such as the jury system under the criminal justice system or the role of the jury in the criminal justice system.
Sources of information for books, journals and papers included the library database and catalogue requiring the key words. Internet articles and papers were researched through search engines such as Google, Yahoo, Alta Vista, MSN and academic search sites, relevant cases were found through the sites Lexis & Nexis, Lawtel, Law Reports and Bailii by again using the key words, and the texts of laws were accessed by using the search engines or searching the websites of government offices. Department of Trade and Industry () provided the text of legislations and papers on sales contracts, the Office of Public Sector Information () provided texts of various legislations, and the Parliament () provided information on law reforms and updates.
Organization of Ideas
After the process of looking for relevant sources, the succeeding step is to read the sources to have a further understanding of the topics for research. In the case of the coursework, there was a need to understand the historical context and development of the jury system in order to have a background in identifying the place of the jury system in the criminal justice system. Having a context for discussion precedes the identification of the ideas, principles and jurisprudence on the actual issues to be discussed. After being satisfied of sufficient data to support the views/s to be discussed, an outline for the paper is identified including the headings and sub-headings that served as a guide in writing the paper and other technical considerations such as word limit and citation format.
Based on the outline, the ideas to be presented are mentally organized through deductive or inductive thinking before typing it into the computer. In cases where there seems to be a deviation from the outline or the train of thought after a few paragraphs and headings, the work is read as a whole to determine if there are ideas that needed to be removed or redirected. Writing involved the continuous process of reading and re-reading the work until a unified and consistent perspective started to form. In cases where there is need for additional sources, then research should again be repeated. After the body has been completed and all supporting ideas have been identified, then a conclusion/s is drawn and written in a few sentences or paragraphs that includes a summary of the contents and the conclusion to the issue/s.
Reflection
In preparing and writing the moot and coursework, time is a necessary consideration in order to complete the writing process of brainstorming, researching, writing and editing as well as having adequate research options and search skills. Important processes internal to the writer include the identification of key issues and questions and determination of a particular perspective in discussing the topics.
Credit:ivythesis.typepad.com
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