1. Legal Skills 411 Presented by: Chantelle Golombick

2. NOTICE / KENNISGEWING NO class / GEEN klas 10/02/2016 Topics will be made available on SUNLearn by 11:30 on 10 February 2016 / Onderwerpe word bekend gemaak op SUNLearn teen 11:30 op 10 Februarie 2016 Choose 3 topics / Kies 3 onderwerpe 4 students / 4 studente per topic / onderwerp Thank you / Baie dankie

3. Technical Presentation Arial 12 1,5 line spacing Normal margins (2,54cm) 0,5 indentation No line spaces between headings and paragraphs or between subsequent paragraphs Footers Arial 10, single line spacing Out of text quotations Arial 11, single line spacing, 0,5 indentation http://blogs.sun.ac.za/legalwriting/files/2015/02/Starter-Pack- 2015.rarhttp://blogs.sun.ac.za/legalwriting/files/2015/02/Starter-Pack- 2015.rar

4. Research outline - overview The word count for the research outline (“RO”) is 2 000 words. This word count includes footnotes, but excludes the bibliography, cover page and table of content. If you regard your research question (“RQ”) as your “destination”, then your methodology describes “how” you plan to reach your “destination.” In other words, you need to describe your intended or planned approach which you will use to answer your RQ. What methods are you going to use to answer your RQ and achieve your research aims? What sources are you going to consult? How are these sources going to assist you to answer your RQ? Are they appropriate and the most relevant and up to date academic sources relevant to your topic? What approach are you going to adopt towards analysing and evaluating your materials? Example: Critical legal approach? Comparative analysis?

5. Address the following in your RO Introduction and aim (what am I writing about and why?) A description of the research problem and an indication as to relevance/importance/motivation of the problem Formulating a problem – set out the most important concepts (What) Question(s) that need to be answered – try to produce one over- arching research question and a corresponding hypothesis (a proposition on how to approach the research question – a theory to test). Methodology Limitations A review of relevant literature (be realistic and make sure you read the literature before reviewing it) Bibliography

6. Headings for RO 1.Introduction 2.Research question and research hypothesis 3.Methodology 4.Limitations 5.Literature review 6.Provisional bibliography

7. Introduction This part briefly discusses the background to the research. The introduction of your paper will discuss the research problem (what, why) and research aims which you have identified. The primary purpose of an introduction is not to summarise the content of your paper. The purpose of an introduction is simply to explain to the reader what you are writing about as well as the legal context within which your discussion takes place. What is the problem? Set out the most important concepts (ideas/theories).

8. Research question What is the particular overarching question that the research will address? This may lead you to a sub-question or two. An example of a research question could be: “The research question that this research paper will address is whether, in light of the increasing emphasis placed on the protection of women’s rights by the international and Southern African communities, the recognition and application of legal pluralism is necessary in the protection of women’s rights in the context of African customary marriages in South Africa and Namibia.” [ Discuss and critically compare the necessity of the recognition and the extent of the application of legal pluralism in South Africa and Botswana, with specific emphasis on African customary law.]

9. Hypothesis Hypothesis = assumption or a theory “a supposition or proposed explanation made on the basis of limited evidence as a starting point for further investigation.” Based on your research so far, what is your theory on your research topic? An example of such a hypothesis could be: “The constitutional and legislative recognition of customary law and more specifically African customary marriage, allows the legislators to regulate aspects of the customary law that prove harmful to the rights of women.”

10. Methodology What methods are you going to use to answer your research question and to achieve your aims (one paragraph of 3-6 sentences) What sources are you going to consult? How are these sources going to assist you to answer your research question? (not to be confused with the Literature Review) Are they the most appropriate, up to date and academic sources relevant to your topic? What approach are you going to adopt to analyse and evaluate your materials?

11. Limitations What are you not going to address in your research and why? Examples may include: “The research question is limited to a focus on African customary marriage only”

12. Literature review The literature review should be a page or so which means 2-3 paragraphs 500-600 words. The aim is to find a few relevant, comparable sources, if that is 3 or 5 sources depends on the topic but the sources has to be authoritative, comparable and relevant” Essentially a literature review tells your reader what specific part of a specific source is going to assist you to answers a specific questions or reach a specific aim It is important that your literature review is more than just a list of references with a short description of each one.

13. Bibliography Consists of two sections: o Sources read o Sourced that you are planning to read Sub-categories: o Case law (SA; foreign law; international law) o Legislation o Journal articles o Books and Chapters in Edited Collections o International instruments (e.g. Declarations, treaties etc.) o Other documents (e.g., newspaper articles, internet sources)

14. To summarise

15. Plagiarism You should reference / acknowledge a source when you: o summarise the main idea of an entire work in your own words; o paraphrase a source’s idea(s) or words; o use verbatim words / sentences from sources – in addition to acknowledging your sources in this instance, you also need to place double quotation marks around the verbatim words or sentence(s) in the text where they appear. As a rule, you should always remember that whenever words or ideas are borrowed from sources such as books, magazines, newspapers, songs, movies, websites, etcetera, the author’s work must be acknowledged by including an appropriate reference. NB: http://blogs.sun.ac.za/legalwriting/writing-guide/

16. Dankie Thank you Enkosi