LME3701

LEGAL RESEARCH
METHODOLOGY

Step-by-step
guide on
writing the
LME3701 legal
research
proposal
 What will I learn in LME3701?
• You will learn how to write a legal research proposal that
complies with requirements set by the UNISA College of Law
(CLAW)
• In this module you have to master these skills:
– Research skills – find relevant sources in the library
– Writing skills – formulate your research question and other aspects of
a research proposal
– Word processing / computer skills – write your proposal in Word and
use certain functionalities therein
– Referencing skills – correctly apply the OSCOLA referencing style
• It takes many hours of practice to truly master a skill so
practice, practice, practice!
 Why a research proposal?

• It is the first step in planning your research for a

research project / paper / masters dissertation or
doctoral thesis
• In the academic context it is the first document that
you submit to a prospective supervisor to convey
your research idea for your dissertation / thesis.
• It conveys what you already know about a topic and
which sources you consulted about the topic
(reference, reference, reference!)
Why is a research proposal important?

• It prepares you for doing a research paper /

dissertation / thesis at UNISA, CLAW.
• It sensitises you to the format, layout and
referencing requirements for submitting your work
on post-graduate level to UNISA, CLAW
• It helps you get focused - organise your ideas
• It helps you plan the steps/ route you are going to
take to conduct your research = your roadmap
 What will I have to do?
• Establish topic for the proposal (see myUnisa) – note the
topic is prescribed, you cannot choose your own topic
• Choose to approach the topic from either the historical or
comparative perspective
• Do your research on the topic – visit UNISA online library for
variety of sources
https://www.unisa.ac.za/sites/corporate/default/Library (use
your myUnisa username and password to log in)
• You will then do a draft research proposal of 10 pages
(Assignment 02) that complies with the set requirements of a
research proposal for CLAW
 What will I have to do?

• You draft research proposal (assignment 02) will be

marked and you will receive brief feedback from the
marker on where you can improve
• The marker will not point out each and every
mistake that you have made as this is a third year
module where you must work more independently
and self-correct as well
• You will have to consult tutorial letter 202 in addition
to the brief feedback from the marker to establish
where you could have improved
 What will I have to do?

• You will then have to submit a final research

proposal on the same topic. This is Assignment
03 (portfolio exam)
• Assignment 03 must comply with requirements in
tutorial letter 102 that will be available on myUnisa
later in the semester
• Do not use assignments from previous semesters as
examples as requirements change from time to time
• Please submit your own work as we have a zero
tolerance policy against plagiarism in this module.
 Where do I find information on what the
research proposal should look like?
• See myUnisa for:
– Topic of research
– Structure of proposal and prescribed headings (please use
in the given order – also covered later in this PowerPoint)
– Formatting and layout requirements – also in this PowePoint
• See section D of study guide for prescribed cover
page & academic honesty declaration – also available
under additional resources on myUnisa
• See tutorial letter 302 for referencing style to use for
footnotes and bibliography (based on OSCOLA)
 What does the UNISA legal research
proposal consist of?
• Research proposal (draft and final) consist of:
– Prescribed cover page which contains your working title
(Section D of study guide
– Table of contents
– Prescribed headings with appropriate content under each
(differs slightly between Assignment 02 and Assignment 03
as set out in tutorial letter 202 and 102)
– Bibliography
– Academic honesty declaration
– Proper references – footnotes and bibliography
 Step by step

• The following slides will take you

STEP
BY
STEP
through the contents of the research proposal
and what is required under each heading
 Prescribed cover page

• Use the example cover page in section D of the

study guide
• Make sure to include:
– your working title
– your details (name and student number)
– Details of degree and University, department in which
you are doing the research proposal
– Details of supervisor (any of the lecturers for this module)
– Date of submission
 Working title

• See learning unit 3 in the study guide

– Working title appears on cover page, centered, in BOLD
and UPPERCASE / ALL CAPS
– Title may not start with an article (the, an or a)
– Title may not be in the form of a question
– Must be concise and linguistically correct
– Not too broad or too narrow - must not give the idea that
more (or less) is addressed than is actually the case
– Must be relevant to given topic
 Table of contents

• Prescribed headings must appears in table of

content
• Page numbers must appear next to headings in table
of contents
• Use a leader (………….) between heading and page
number
• TIP: Use the automatic table of contents function in
Word so that it inserts headings and page numbers
automatically into your table of contents
Research proposal prescribed headings

• Use the following headings in your proposal:

– Introduction
– Problem statement
– Hypothesis / Aim of research
– Points of departure and assumptions
– Central research themes
– Proposed chapter layout Leave out this heading in
– Projected time scale Assignment 03 because your reading
– Description of proposed research method will no longer be preparatory – you
– Preparatory reading are required to incorporate more
– Conclusion information from your sources into
– Bibliography your writing for your final research
proposal (Assignment 03).
 Research proposal prescribed headings

• Tip! Use the headings function in Word (illustrated

below) to insert headings – this ensures that formatting
of headings are the same and will also then insert them
automatically into your table of content.
• On the right of your screen in Word you will see blocks that
say “Heading 1”, “Heading 2”, etc. For main headings, use the

Heading 1” function. For secondary headings, the “Heading 2”

function etc.
Research proposal prescribed headings
Introduction
• See learning unit 3 in study guide
• The introduction serves to “put the reader in the picture” by
giving some background to the topic to create context.
• Give short overview of the problem and why the research
is important
• Indicate the area of law that research falls under
• Specify the focus area of the research
• Explain how you are going to tackle the topic, for example,
by first looking at case law, then legislation etc (roadmap).
• Insert references (footnotes) to sources you used for your
introduction
 Research proposal prescribed headings
Problem statement
• See learning unit 4 in the study guide
• This is your research question that you get from the question
/scenario/topic provided to you during the semester
• You can have one main question with sub-questions
• It identifies / indicates the gap that you intend to fill with your
research. This is basically given to you in the scenario/topic
but you must put it in your own words.
• Research question confirms the focus of your research –
must be very clear and understandable
• Problem statement flows from your introduction – reader must
be able to “connect the dots”
 Research proposal prescribed headings
Aim of research / hypothesis
• See learning unit 5 in the study guide
• This is not formulated as a question but a statement
• Must speak to/link up with your problem statement
• Explain what you think the answer to your problem statement
(research question) is - what you think the research will
deliver / explain what you aim to achieve by investigating
the research question set out in your problem statement.
• Problem statement points out what the problem / question is
whereas the aim of research/hypothesis points out what the
potential / preliminary answer is / might be / what the aim with
your research is
 Research proposal prescribed headings
Points of departure and assumptions
• See learning unit 6 of the study guide
• Explain what you already know about the topic. Refers to basic
theory behind your research - perfect place to include some
footnotes (add information from your sources)!
• Indicate the angle you are taking with this research, from a
procedural / administrative / human rights point of view?
• Indicate what is excluded from your research – can be entire fields
of the law or specific topics within a field of the law
• Indicate which approach you are taking, historical/comparative?
• Angle of research & what is excluded sets the parameters of your
research and helps the reader understand the framework within
which your research falls and what you are focusing on
 Research proposal prescribed headings
Conceptualisation of research themes
• See learning unit 7 of the study guide
• You have to identify at least 3 central research themes
• Central research themes are definitions / concepts that your
research rely on e.g. human rights, dignity, rule of law
• These are concepts that “pop-up” regularly in your research /
that forms the pillars of your research
• There are different interpretations of concepts in law that is
why it is important to indicate which meaning you are
supporting for purposes of your research
• Find a concrete definition of each and add a footnote to
refer to authority for the definition of the concept
 Research proposal prescribed headings
Chapter layout
• See learning unit 8 of the study guide
• Here you are planning the structure of your research product
(the order of your chapters in your eventual bigger research
product)
• Must link up with what you have discussed in your proposal
• Give each chapter a heading and give a short description of each
e.g.
Chapter 1 This chapter introduces the research topic
Introduction together with important concepts for the
research
Chapter 2 This chapter….
Historical development …
• Four to six chapters are sufficient. Last chapter is always the
conclusion / conclusion and recommendations
 Research proposal prescribed headings
Projected time frame
• See learning unit 9 in the study guide – please follow this
PowerPoint and NOT that study unit as it is outdated with
regard to the projected time frame
• Here you plan when to submit each chapter that you included
under your chapter layout
• This gives a prospective supervisor an idea of the pace that you
will be working at and for him/her to guide you on whether your
time frame is realistic
• The time frames you give here are hypothetical as you will
never actually submit the chapters
• Leave at least a month between dates for submission of
chapters – leave enough time for feedback.
 Research proposal prescribed headings
Projected time frame (continue)
• Your chapters are submitted after approval of your
research proposal
• Example of projected time frame
Final research proposal 20 May 2022
Chapter 1 30 June 2022
Feedback on Chapter 1 30 July 2022
….. …
Final product 31 March 2023 Etc.….
• Time frame not cast in stone (you and supervisor can
agree on changes) but serves as important starting point
to work from
 Research proposal prescribed headings
Description of research method
• See learning unit 10 in the study guide
• Explain research method and design
– If comparative method, motivate choice of jurisdiction
– If historical method, indicate parameters of time (e.g. 1920 to
present day) and explain why this period is important
• Indicate sources (be specific) that you will use and how
you will obtain / access them – UNISA online library?
• Indicate type of research as qualitative research –
quantitative research requires ethical clearance from the
University which you generally do not do at undergraduate
level in law.
 Research proposal prescribed headings
Preliminary reading
• See learning unit 11 of the study guide
• Note that this heading is only included in
Assignment 02 AND NOT in Assignment 03.
• For Assignment 02:
– List all sources (at least 10) that you intend to use
– Use a variety of source - books, journal articles, case law
– Give short description of each and how it is relevant to your
research
– These sources must also be included in a bibliography in the
correct style and format as set out in Tutorial letter 302
 Research proposal prescribed headings
Preliminary reading
• For Assignment 03
– THIS HEADING FALLS AWAY IN ASSIGNMENT 03 as your
reading is by then no longer preliminary. You must incorporate
more information from these sources into your final proposal
– Incorporating sources means you further consult the sources
listed in assignment 02 (and more if you wish) and add
information from those sources into the text of your
proposal.
– Incorporate them throughout your proposal and especially your
introduction and points of departure
– Incorporation of sources also means more footnotes!
– Sources must appear in bibliography in the correct format.
 Research proposal prescribed headings
Conclusion
• This is a very brief summary of your research
or your proposed research
• Do not introduce new information into your
conclusion
• Your conclusion in your final proposal
(Assignment 03) will be more comprehensive
than in your draft proposal (Assignment 02)
 Research proposal prescribed headings
Bibliography
• Tutorial letter 302 explaining the Unisa referencing style based on
OSCOLA.
– Add sub-headings in your bibliography for books, journal
articles, legislation, case law, internet sources etc.
– List sources alphabetically under each sub-heading
– Bibliography MAY NOT be in table format
– All sources except for case law and legislation must have
long and short references
– Short reference first followed by long reference which is
indented
• Every source in the bibliography must appear in your
footnotes and visa versa
 Academic honesty declaration
• See Section D of the study guide
• Add this declaration on last page of your proposal (after your
bibliography) – a different academic honesty declaration is
used for assignment 3 which will be available on myUnisa.
• Must be signed by you (electronic signatures accepted)
• If you do not have an electronic signature, then print your
assignment & academic honesty declaration, sign the
declaration and scan all the pages to your computer so that it is
in one document in PDF format
• Submit academic honesty declaration together with your
assignment as one PDF document on myUnisa
 Research proposal referencing
• Use referencing style from 2021 (Tutorial letter 302)
• Referencing is how you acknowledge your sources and show
where you found a particular piece of information
• Referencing style guides you on how to insert your
bibliography and footnotes
• Specific rules / formulas apply to specific types of sources
• You must insert footnotes NOT endnotes or in text
referencing
• Avoid Wikipeida please! Its not an academic source!
• The more footnotes the better – it shows you did your
research and consulted a variety of sources
 Research proposal referencing – or rather
the lack thereof
• WARNING:
– A statement without a reference is deemed to be your own
work, if it is not your own work and you did not acknowledge
your source you are guilty of plagiarism which is a serious
offence
– If you take a sentence or paragraph “word for word” from
a source, you must put it in inverted commas.
– Submitting work that is identical to that of another student
(even if partially) also constitutes plagiarism. You are also
guilty of plagiarism if you allow someone to copy from you.
– Plagiarism = 0% = possible disciplinary action against
you.
 Formatting, editing, layout
• Consult tutorial letter 302 closely for these requirements
• Some important aspects regarding main text:
– Main text must be in font type Arial and font size 12
– Main text must be in 1.5 line spacing with 12pt after each
paragraph (set this in the paragraph block in Word)
– Headings must be numbered, aligned left, in Arial font size 12
• Main heading = bold and sentence case
• Secondary headings = italics, bold and sentence case,
• Tertiary headings = italics and sentence case.
– Text should be justified
– Footnote number in main text must be inserted after
punctuation mark (full stop, comma, quotation marks etc.)
 Formatting, editing, layout

• With regard to your footnotes:

– Footnotes must be in font type Arial and font size 10
– Footnotes must be in single line spacing and justified
– Footnotes must have a 1cm hanging indent
– All footnotes must end with a full stop
– Use the long / full reference of a source the first time you
refer to it in a footnote and thereafter use the short reference
– Make sure your footnote indicates the exact page number
where you found a piece of information
 Submitting your research proposal

• Make a note of the deadline for submission and plan

accordingly
• Submit your proposal on MyUnisa NOT via post or
via e-mail
• Try to submit a day or two before the deadline
• In research, you will always have strict deadlines for
submission of your work so do not underestimate the
importance thereof
• WARMING: NO E-MAILED ASSIGNMENTS /
PORTFOLIOS ALLOWED
Results, year mark and supplementary exam

• Your exam results will not be visible next to

your portfolio submission on myUnisa, please
check your results on your academic record.
• Your year mark will always be taken into
account when calculating your final mark,
even if your year mark is very low.
• NB: Note that from 2023, there are no
supplementary exams for LME3701.
ALL THE BEST WTIH
YOUR STUDIES!!