FACULTY
OF COMMERCE ADMINSTRATION & LAW
DEPARTMENT
OF LAW
COURSE
OUTLINE
|
Module Title
|
LEGAL
RESEARCH METHODS A
|
|
Module Code
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LRRM401
|
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Programme in which the module is offered
|
LLB
DEGREE
|
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Year of offering
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FOURTH
YEAR
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SAQA Credits
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12
CREDITS
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NQF level
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LEVEL
8
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Name of Lecturer / Lecturers
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DR D.
IYER
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Date: ………………………….
Dear Student
Welcome to the module LRRM401. This module is only offered in the first semester
of the academic year and is an elective offered to fourth year students.
LRRM401 is a prerequisite for LRRM402 which is offered in the second semester. Legal Research
Methods is a research module applying some of the basic principles of research that
would have touched on during your Legal Skills lectures. Legal Research Methods
A will aim to provide the student with a basic understanding of legal research,
research methods and methodologies whilst Legal Research Methods B considers
the core principles of research design and equips the student with the necessary
skill and knowledge to undertake legal research tasks. It will be aimed at introducing the law
student to processes of designing, developing and implementing a research
project as well as well as undertaking practical research tasks that are crucial
for postgraduate studies as well as practice.
It is imperative that students
understand the fundamentals of everyday law and the various legal research
methods to successfully execute their responsibilities as legal practitioners
and researchers. The module will give students an understanding of the
necessary research tools required in law.
So of what use will this module be to
me in future? As the name ‘legal research’ suggests, this module will equip you
with the fundamental skills of becoming a good lawyer and legal researcher.
There is very little difference between what a practising attorney does and
what a legal academic or legal advisor does.
The emphasis will be on using different
methods to obtain research results, understanding the difference between legal
writing and academic writing, formulating a research proposal, practising basic
drafting and legal writing, researching case law, computer based research,
legal ethics, critical reasoning and preparing for postgraduate studies.
There is a discussion group /tutorials
for students in this course. Please use it professionally and with the
intention of increasing your knowledge of the subject matter. It is your
discussion board. So please use it wisely.
Assessment consists of two assessments
and an exam. There will be one assignment in the first term and a class test in
the second term. The best way to prepare for the exam is to ensure that each
week you undertake the required lecture materials and tutorial work. From a
teaching perspective, this module will afford you the chance to develop your
potential through participation in class discussion and individual assessment.
The teaching method will therefore be interactive rather than lecturer-focused.
Active participation and in-class problem solving shall be rewarded by way of
inclusion in the calculation of the semester mark. There are numerous readings
that you are expected to undertake as well as library sessions that you are
expected to attend.
The guiding principle in this module is
that there is no right or wrong answer but rather potential answers which are
subject to further qualification.
In order to successfully complete this
course, it is therefore assumed that students should:
·
be
capable of communicating competently in written and spoken English;
·
be
able to work/study independently by reading, extracting and analysing relevant
information from various sources of law;
·
access
resources, especially the library and electronic resources;
·
apply
legal problem-solving techniques;
·
follow
appropriate legal referencing conventions in written work.
From a teaching perspective, this
module will afford students the chance to develop their potential through
participation in class discussion and individual assessment. The teaching
method will therefore be interactive rather than lecturer-focused. Students
that actively participate in-class problem solving shall be considered for the
annual moot court competition held in Bloemfontein.
As future lawyers/magistrates/advocates
or judges, LLB students will at all times be expected to act in an accountable
and ethical manner. LLB students are accordingly expected to familiarise
themselves with the relevant university policies as well as the student
disciplinary code of the University of Zululand and act with the necessary
decorum that can be expected from a law student. The department will under no
circumstances tolerate copying or plagiarism. Students are furthermore expected
to attend classes on time, attend tutorial classes, and submit work timeously.
In the event of a student not writing an assessment or submitting an assignment
on a specific date, a student must submit a doctor’s letter or death notice which
will be considered in affording the student an alternative test or form of
assessment.
Best
of luck with your studies
TABLE
OF CONTENTS
Page
1.
DEFINITION OF TERMS 5
2.
MODULE PURPOSE 6
3.
GENERIC OUTCOMES 6
4. SPECIFIC
OUTCOMES 6
4.
TOPICS WITH SCHEDULING 7
5.
NOTIONAL HOURS 13
6.
CONSULTATION TIMES 13
7.
MODE OF DELIVERY 13
8.
ASSESSMENT PROCEDURES 14
9.
ASSESSMENT CRITERIA 18
10. PRESCRIBED
READINGS AND RECOMMENDED READINGS 20
11. MATERIALS
NEEDED FOR THE MODULE 21
12. ANNEXURE”A” 22
1. DEFINITION
OF TERMS
COURSE
OUTLINE/SCHEME OF WORK/MODULE OUTLINE: Course/Module outline/Schemes
of work represent a contract between the lecturer and student stipulating the
requirements for each course: its aims, learning outcomes, course requirements
and assessment.
LEARNER/STUDY
GUIDE: A learner/study guide helps in organising lecture notes
and textbook material so that students can increase their comprehension and
memory of large amounts of information. Specific outcomes on topics covered,
the summary of content, as well as revision questions are included.
TUTORIAL:
A
tutorial is an interactive method of transferring knowledge in the learning process.
A tutorial seeks to teach by example and supply the information to complete a
certain task.
PRACTICAL:
A
practical is a lesson in which theories and procedures learned are applied to
the actual making or doing of something.
FORMATIVE
ASSESSMENT: The goal of formative assessment is develop
and monitor student learning to provide ongoing feedback that can be used by
lecturers to improve their teaching and by students to improve their learning.
SUMMATIVE
ASSESSMENT: The goal of summative assessment is to
evaluate student learning at the end of an instructional unit by comparing it
against some standard or benchmark.
GENERIC
OUTCOMES: These are critical cross-field outcomes that inform all
teaching and learning as stipulated by SAQA Regulations.
Each module should enable students to:
·
work effectively as individuals and with
others as members of a team;
·
organise and manage themselves and their
activities responsibly and effectively;
·
identify and solve problems and make
decisions using critical and creative thinking;
·
collect, analyse, organise and critically
evaluate information;
·
communicate effectively using visual,
symbolic and/or language skills in various modes;
·
use science and technology effectively and
critically showing responsibility towards the environment and the health of others;
and
·
Demonstrate an understanding of the world as
a set of related systems by recognising that problem solving contexts do not
exist in isolation.
SPECIFIC/MODULE
OUTCOMES: Learning outcomes are statements of what students will
learn in a lecture. Each lecture has its specific outcomes. The statements are
focused on student learning.
2. MODULE PURPOSE
Legal Research Methods
aims to improve the skills of the law student in aspects of research, legal and
academic writing and critical thinking.
Therefore the purpose
of the module is:
·
to
provide students with an insight into legal research methods;
·
to
familiarise students with academic writing in addition to legal writing;
·
to
be aware of the different constructs of knowledge;
·
to
be aware of ethics in research;
·
to
prepare students for entry into postgraduate studies.
3. GENERIC
OUTCOMES
It is intended that students will be
able to:
·
organise
and manage themselves effectively;
·
collect,
understand and analyse information from various sources of law, in addition to
information conveyed in the lecture room;
·
recognise
problem-solving contexts involving research;
·
identify
and solve problems;
·
communicate
effectively, both in class and through written work;
·
develop independent research skills, including
the use of technology for legal research.
4. SPECIFIC OUTCOMES
It is intended that by the end of the
course, students will be able to:
- be able to explain the concept of legal research;
- be able to explain the various legal research methods;
- understand the link between research and legal practice;;
- be able to describe the various steps involved in the research
process;
- understand the difference between legal and academic writing;
- be aware of the ethical responsibilities of researchers;
- explain the major stages in conducting reseach.
5. TOPICS WITH SCHEDULING
|
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Module
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Scheduled
date
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1
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Introduction to legal research.
Learning Objectives:
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Text:
Chapter 1 and class notes
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Week 1
8-12 Feb 2016
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2
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Prescribed Case law:
Kobus Maree First Steps in Research 2010
Van Schaik Publisher.
Learning Objectives:
Proposed questions:
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Text: Class notes and power
point
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Week 1 & 2
12-19 Feb 2016
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3
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Finding legal information
Learning
Objectives:
Proposed
Questions:
Prince v President, Cape Law
Society and others
2002(2) SA 794 CC.
Discuss the information that can
be obtained from
the case citation and how you would go
about
finding the case in the library.
|
Text:
Class notes
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Week
3 & 4
22-4 March 2016
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|
4
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Learning
Outcome:
Proposed
Questions:
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Text:
Notes
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Week 5
7-11 March 2016
Assessment 1
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|
5
6
7
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Learning
Outcome:
The internet;
CD Rom data bases;
Local Area Network
Proposed
Questions:
Major Stages in Legal
Research
Learning
Outcome:
Proposed
Questions:
Why is
there so much violence and rape in South Africa?
Research Proposal
Learning
Outcome:
Proposed
Questions:
|
Text:
Class notes
Chapters 1 to 5
Chapter 3/
notes
|
Week 6& 7
14-21 March 2016
Week
8 -10
21 – 08 April
Week
11-12
11- 22 April
Assessment 2
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|
8
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Learning
Objectives:
Proposed
Questions:
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Text: notes
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Week
12 and 13
22-
05 May 2016
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|
|
|
|
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REVISION
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Week
14 & Week15
9-18 May 2016
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10.
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Examination
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As per the Examination Schedule
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6. NOTIONAL HOURS
LRRM401 will be
lectured three times a week. Kindly refer to the official time table in this
regard.
In addition to the
national hours allocated in terms of the timetable, students are expected to
spend additional learning hours that are used for the learning activities and
assessment of the module such as lectures, tutorials, practicals,
presentations, independent study etc.
7. CONSULTATION TIMES
Difficulties experienced in
respect of this module or queries relating to assessments/assignments may be
discussed with me during consulting hours. I can be consulted during the
consulting hours as displayed on my office door, room 203, Block D 3rd
Floor. In case of an emergency I may be contacted at 035-9026379. Please adhere
to the consultation hours!
8. MODE OF DELIVERY
The course is taught
by Dr D. Iyer. It has been divided into specific topics which will be
covered in the form of viva voce lectures. These lectures will comprise
of a discussion of the law as contained in textbooks, case law and legislation.
Students are expected
to read ahead of the next lecture so that they may participate in the lecture
and solve legal problems either individually or in groups. There will also be
compulsory tutorial sessions every week during the semester for revision,
problem scenarios and preparation of exams and tests. There is no comprehensive
hand-out for the course and as such, students will be expected to take their
own notes during lectures and to supplement these notes with readings provided
in the course outline. It is expected that students assume responsibility for
their own learning by independent study according to the guidance provided by
the detailed course outline. Feedback for assignments and tests will be given
during class.
9. ASSESSMENT PROCEDURES
It is the responsibility of the student to ensure that he/she is
registered for the correct module prior to the date of the first assessment.
Only registered students’ scripts will be marked and the mark captured.
Students will be assessed by way of formative and substantive
assessments.
The formal assessments will comprise of two written assessments as
well as an end-of-semester examination. The two assessments and /or any
assignments will count towards 50% of the module mark. The assessments may
consist of the following assessment methods:-
|
Problem
Questions
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Long, qualitative
answers that test the critical thinking of students.
|
|
Short
Answer Questions
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Short, usually
descriptive, answers of between one word to a few words. Might include
diagrams with explanation
|
|
Essays/
Assignment
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Written work in
which students state an argument supported by evidence
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A minimum semester mark
of 40% will be a pre-requirement for being allowed to write the final
examination
The final examination will count towards the other 50% of the
final module mark.
A student that obtains a mark of 40-49% should be entitled to a
re-assessment examination. It is the student’s responsibility to ascertain from
administration whether he/she qualifies for a re-assessment examination.
Students that did not write the final examination due to a death in the family
or illness need to apply at administration to write an aegrotat examination.
The re-assessment and aegrotat examinations will be written shortly after the
conclusion of the examination period for that academic year. Students that do
not write the aforesaid examination will forfeit the opportunity to re-assess
the module.
All assignments
must be done by using Arial as a font, 12 point font, 1.5 line spacing.
Sizes of pages and margins can be communicated to the student by the lecturer.
Use the university approved assignment cover page. A copy of the assignment
cover sheet is annexed hereto as Annexure “A”.
STUDYING
AIDS
In studying this course you should also focus upon the learning
objectives specified at the commencement of each module in the study book. They
form the basis for your readings and revision of each topic.
Tutorials
Tutorials
are mandatory for this module. At
the beginning of the semester the registered students for the module will be
divided into tutorial groups. Each group will be appointed a tutor, whom will keep
a register of each tutorial class. During tutorials tutorial questions will be
discussed and revision will be done to assist students in understanding the
module content. As indicated before, tutorial questions may also be marked and
such marks may be used in calculating the semester mark. Please use tutorials
professionally and with the intention of increasing your knowledge of the
subject matter. Tutorials will be delivered in accordance with each tutor’s
tutorial slots.
Examination
techniques
The formal examination requires you to demonstrate your learning
to the lecturer. If you have followed these suggestions about studying, you
will be well on your way to success. Here are a few additional points to help
you with your exams.
Preparing for examinations
It is a good idea to begin revising the semester’s materials at least two
or three weeks before the examination. That way, you have time to put in a bit
of extra effort on areas you are not quite certain of. Here are some extra
points to help you.
·
Revise your notes.
Go over the notes you have
made for yourself during your study. Make sure that you see the relationship
between the key points that you have written down, and the related details.
·
Get together.
If possible, get together
with others studying the same course. Discuss each point. Quiz each other.
·
Review ‘past examination papers’.
You can use same as a ‘trial run’ to get an idea of working within a strict
time limit. Past examination papers may give you an idea of the kind of
questions that might be asked. But don’t place too much emphasis on them as lecturer can ask different
styles of questions.
·
Review assignments.
Go over previous assessments
/ assignments. If you didn’t do well, look at the
lecturer’s comments/feedback to
find out where you went wrong.
·
Get to bed in good time.
Don’t stay up revising all of
the night before the exam. Get a good night’s sleep so that you are alert and at your best. And don’t skimp on meals before
the exam. Mental exertion is just as dependent on a healthy body as is physical
exertion.
·
Confirm examination mode.
Come prepared with all necessary
equipment.
·
Be committed.
Try to build your study
plan around fixed time commitments – the time that you must give to your essential daily activities
such as family, eating and sleeping, recreation and leisure.
·
Be realistic
Try to be realistic in planning
your study time. You will probably have to give up some of the things you do to
make time for study. On the other hand, most people need recreation, and find
it easier to stick to a schedule if they specifically include time for sport,
leisure, or other relaxation.
·
Study every day
Study is easier if you
spread the work out, rather than trying to cram it all into one or two days.
Also, research has shown that you learn better and remember more if you spread
out your studying.
·
Your concentration span
Most people find that it is difficult to concentrate for long
periods. If you must study for a long period of time, be sure to take a break
every hour for a few minutes.
·
Your study timetable
Find out what time of day
you study best. Some people are most alert early in the morning, some in the
afternoon and others late at night. For example, if you are a ‘morning person’, try to schedule an hour
or two of study in the early morning before you go to work, or before the rest
of the family is out of bed.
·
Set realistic goals
But set goals! Before you
begin a study period, decide what it is you intend to accomplish. It may
be to summarise one chapter, to write two pages of an essay. And
give yourself a pat on the back when you have completed your assigned task.
·
Set good habits
Get in the habit of
beginning work as soon as you sit at your study table. Do not use part of your
study time for other things, such as straightening your room or alphabetising
your books.
·
Review your work
At the end of each study
period, review the work that you have done, and if necessary modify your study
plan. At the end of each week, plan your timetable for the week ahead.
·
Study Strategies
Studying refers to all
that you do in order to learn something. Here are some suggestions to help you
study effectively.
·
Be active
Be actively involved with the things that you are trying to learn.
For example, write key points in your own words. Try to relate your study to
your own experience, whether it be at home, or elsewhere.
·
Avoid compartmentalisation
Try to see the
relationships among different modules in a course, and different courses in
your program. The more you seek for and find connections among the things that
you study, the more sense they will make and the easier they will be to
remember.
·
Use memory aids: List the major points in each module of a study book or chapter of
a textbook. These major points form the ‘framework’ of the course. If you
understand the framework, you will find it easier to remember the details. Some
students write important points on cards and go through them from time to time.
Others write a detailed outline and pin it up on a wall by their study table.
Such visible reminders are a simple and efficient way to help you memorise
basic facts.
Form study groups: Form a study group with other students. Ask for help or to get a
fresh point of view. You will find that trying to explain something to another
person is one of the very best ways to learn it yourself.
In your examination
·
Time planning
Just as you plan how you
will use your weekly study time, so too should you plan your time in the
examination. Here are some guidelines on how to use your time effectively in
your examination.
·
Try to leave yourself sufficient time at the end of the
examination to check over your work and make any last-minute corrections.
·
If all questions have equal weight, plan to take about the same
amount of time with each one. If the questions have unequal weighting, spend
more time on those questions with many marks, and less time on the ones with
fewer marks.
·
In multiple choice questions, don’t spend too much time on questions you can’t answer easily or
quickly. Go ahead and answer the others first, leaving yourself sufficient time
to return to those that you are unsure of.
Hints on answering questions
·
Write legibly. Even with the best will in the world, a marker
cannot give you credit if the writing cannot be read.
·
In answering essay questions, make certain that your essay is well
organised and grammatically correct. It will pay dividends to spend a few
minutes planning your essay before you begin writing.
·
Make sure that you answer the question asked. Underline the key
words in the question, and underline the verb. This will help you to focus on
the essence of the question.
10. ASSESSMENT CRITERIA
|
Specific Outcomes
|
Assessment Criteria
|
Assessment Tasks
|
|
Students are
expected to
develop:
|
Students must
provide
evidence of
competency in
the following ways:
|
Students may be
expected
to:
|
|
1. Show an in-depth
understanding of
the basic principles and concepts that underlie research.
|
Identify, explain and
critically analyse the
different forms and methods of research
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
|
2. Understand and
appreciate the link
between research and legal practice.
|
Identify and explain the importance of research in practice.
Explain the implications and effects of applying different
research methods in practice.
Prepare a legal opinion applying the various research tools.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
|
3. Understand the
various steps involved in legal research.
|
Identify the various steps in research and explain concepts such
as literature review, problem statement, hypothesis, research design, conceptual
framework and data collection.
Identify the components of a research proposal.
Explain the importance of ethics in research.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
|
4. Evaluate and
analyse the concept of academic writing.
|
Identify the different stages of academic writing.
Undertake legal and academic writing tasks.
Identify similarities and differences between legal and academic
writing.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
|
5. Apply the
knowledge gained during the course to undertake research tasks in specific
areas of the law.
|
Synthesise and integrate the knowledge gained in order to propose
practical solutions to problems whilst showing the ability to have undertaken
effective research.
|
Class discussion and questioning.
Problem and theory questions in class work and examination.
|
11. PRESCRIBED
READINGS, AND ADDITIONAL (RECOMMENED) READINGS
The following articles will assist you to further your knowledge in
the subject area:-
·
Leshem S. and Trafford V.(2007)
“Overlooking the conceptual framework” Innovations
in Education and Teaching International, 44:1, 93-105.
·
·
Whittemore R., Chase S.K and Mandle L. C.
(2001) “Validity in Qualitative Research” Qual.
Health Res. 11: 522.
·
·
Levine S.J (2005) “Writing and Presenting your Thesis or Dissertation” at http://www.LearnerAssociates.net.
·
Pring R. (2001) “The Virtues and Vices of an
Educational Researcher Journal of
Philosophy of Education 35(3) 1-16.
·
Janse van Rensburg E.(2001) “An Orientation to
Research- Rhodes Environmental Educational Unit, Research Methods Shourt
Courses 1-31.
·
·
Henning E.(2004) “Finding your way in Qualitative
Research, Pretoria: Van Schaik Publishers 1-22.
·
Axelrod
J. (1973) “The university teacher as artist” San Fracosco Jossey Bass.
·
·
Bitzer
E.M. and Albertyn R.M. “Alternative
approaches to postgraduate supervision: A planning tool to facilitate
supervisory process”. South African
Journal of Higher Education 25 (5) 2011: 874-888.
·
Delamont,
S, P. Atkinson and O. Parry. (2000) “The Doctoral experience: Success and
failure in graduate school” London: Falmer Press.
·
Dreyer C.
and van der Walt J.L. (1996) “Learning and teaching styles: Empowering diverse
learners in tertiary classrooms” Koers 61(4),
469-482.
·
Dunn R., Gemake J., Jalali F. and
Zenhausern R. (1990) “Cross-cultutral differences
·
in learning styles of elementary age
students from four ethnic backgrounds Journal
of
·
Multicultural Counseling
and Development
18, 68-93.
·
·
Fang, Z.
(2003) Transforming quality in research supervision: A knowledge-management
approach. Quality in Higher Education,
July, 9 (20): 187–198.
·
·
Fischer B. and Fischer L. (1979) “Styles in
teaching and learning” Educational
·
Leadership 36, 245-254.
·
·
Henkel M. (2000) “Academic Identities and
Policy Change in Higher Education” London Jessica Kingsley.
·
Robertson J. and Bond C.H. (2001) Experiences of the Relation between
Teaching and Research : What do
Academics Value? Higher Education Research and Development 20(1) 5-20.
·
Wadee,
A.A., Keane, M., Dietz, T & Hay, D. 2010. “Effective PhD Supervision:
Mentorship and Coaching” Rozenberg Publishers: Amsterdam.
12. MATERIALS NEEDED FOR THE MODULE
Except
for the obvious stationery, this module does not require any additional
materials.
\
Annexure
“A”
FACULTY
OF --------------------------------------------------------------
DEPARTMENT
OF--------------------------------------------------------
ASSIGNMENT
COVER SHEET
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Student Name
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Student Number
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Module Title
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Module Code
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Assignment Topic
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Due Date
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Name of Lecturer
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Lecturer’s Remarks
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