Research Korner: Research Skills

RECORD OF MY RESEARCH AND THINKING DURING THE PREPARATION OF MY MOOT AND COURSEWORK

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.

RECORD OF MY RESEARCH AND THINKING DURING THE PREPARATION OF MY MOOT AND COURSEWORK

Research and Thinking during the Preparation of the Moot and Coursework Brainstorming Initial consideration prior to...

Research Proposal : How can sick abuse be managed effectively?

Sick Leave Abuse in the Workplace   Sick leave is one thing that every employee needs and is approved and mandated by work related laws and such using of employees’ sick leave options leave abuses occur along the way and the  central question for this research will have to be, ‘How can sick leave abuse be managed effectively?’, this pertains to the workplace. There are several factors affecting sick leave and why employees resulted into such abuses of the privilege known for, management of sick leave is effective if there can be available information from official statistics and descriptive studies on association between demographic background factors and sickness absence, evidence on the causal relationship between these factors and sick leave is lacking. There was moderate scientific evidence that the amount of sickness absence is influenced by the design of the social insurance system, but insufficient evidence on the magnitude of change required to influence the level of sickness absence (Allebeck and Mastekaasa, 2004 p. 49). The possible consequences of sick leave can be measured at different levels in society and to focus on consequences from perspective of sick-listed individual as noted, sick leave may have positive and negative consequences for employee, such as regarding disease, health, working life, social life, lifestyle and emotional aspects. The lack of relevant studies is most striking observation from review of studies on the consequences of being sick listed (Vingård, Alexanderson and Norlund, 2004 p. 207).   There has been concern regarding abuse of sick leave by school employees as suggestions have been offered for reducing the abuse of sick leave both within education and industry. Reviewing of 4 to 6 research studies that evaluate plans for reducing sick leave abuse among various categories of employees. Thus, paid sick leave serves to relieve any possible economic burden on professional employee who is ill, protect school children from the necessity of being exposed to a teacher with an illness which might be communicated to them, and obviate the problem of teachers performing at a low level of proficiency by reason of an incapacitating illness. However, there are occasions on which healthy employees take leave of their duties for other than reasons of sickness but attribute their absences to personal illness. According to review in literature, there have been categories of plans being devised to prevent such misuses of sick leave provisions such as offering of rewards or bonuses for not using sick leave, elimination of psychological and medical reasons for sick leave abuse. Studies pertaining to categories will be described as well as methods that attempt to eliminate reasons for sick leave abuse. The need to specify that discipline as a result from repeated sick leave abuse and misuse, keeping policy flexible, determining if and why employees exploit leave policies is important. Just as an employer analyzes turnover, the organization should also look at sick leave abuse trends. Is leave usage higher in one department or under particular supervisor? Are workplace practices or policies affecting absences? Do children’s illnesses in turn lead to employee's time-off? Finding the root cause of sick leave abuse problems helps in addressing core issues.  Methods for monitoring sick leave abuse vary from one organization to the next, but there are some common guidelines employers can follow (Heathfield, S. Sick Leave Abuse: A Chronic Workplace Ill? Encourage Appropriate Sick Leave Use. About.com). -          Recognize the problem with sick leave abuse and intervene early before it escalates. Managers need to enforce sick leave policies and take appropriate action -          Find out why the employee is abusing leave. Talk to employees who are abusing leave and see if their behavior stems from personal problem -          Learn to say "no, do not allow employees get away with abusing leave policies -          Use procedures, regulations, practices and knowledge to benefit management as well as the employee. Supervisors and managers must work with employees, make certain that all employees are aware of sick leave policies and how to use them Issues -          The one reason why employees take sick leave is because they are ill and unfit to come to work -          Some employees take sick leave when they are not genuinely sick   Options -          Cashing out of paid sick/personal/carer’s leave entitlement -          Adopt “family-friendly” initiatives -          Offer incentives for employees to come to work rather take time-off on sick pay -          Encourage firms and organizations to adopt strategic absence management strategies Sick leave is necessary benefit for all employees. If an employer didn’t offer sick leave, they would accelerate health problems and the spread of illness, thereby lowering productivity and morale. Despite the pressure for perfect attendance to improve customer service and efficiency, employees need equitable sick leave programs for security and overall high performance. Yet, some organizations suffer from sick leave abuse, and sick leave abuse translates into lost dollars. Pattern of abuse with regard to sick leave does refer to employees who have violated the organization’s attendance policy on numerous occasions. In order to confidently discipline employees with attendance problems, legal experts say the best bet is to have clearly written policy that specify organization standards and employee requirements.       References Chapter 5. Risk factors for sick leave – general studies Peter Allebeck; Arne Mastekaasa Scandinavian Journal of Public Health, 1651-1905, Volume 32, Issue 5, Supplement 63, 2004, Pages 49 – 108   Chapter 9. Consequences of being on sick leave Eva Vingård;  Kristina Alexanderson; Anders Norlund Scandinavian Journal of Public Health, 1651-1905, Volume 32, Issue 5, Supplement 63, 2004, Pages 207 – 215

Research Proposal : How can sick abuse be managed effectively?

Sick Leave Abuse in the Workplace Sick leave is one thing that every employee needs and is approved and mandated by work related laws...