Answering Exam Questions

What to not do

Do not apply a formula

Do not use headings from the formula

Do not repeat chunks of question

Do not go through every element of the lawoften only 1 or 2 requires

discussion

Do not do a scattergun approach

Do not write like a robottry to persuade people

Techniques

Always remember it is analytic exercise

Identification of relevant issues, rules, application to facts and finally

conclusion

Issueslook at the facts and identify via looking at the remedy or nature of
actnote there may be multiple torts

RulesIdentify the relevant rulesusually you can briefly state the rules at
the startor go straight to the problematic element at hand

Applicationability to make persuasive arguments using the rules to show

what is the likely outcomeadvocacy style (one sided but deal with the other
arguments)you should demonstrate how a particular rule applies to the facts
or does not Argue in the alternativeusing the vagueness in the law or
factswhat if questionsstate what facts are needed to resolve the issue BUT
do not invent facts

Conclusiondoes not mean a single party will winbut tying together

analysisstate which side is likely to succeed at each element then add a
subject to clause

Time management

Always plan the time to write each part

Start with reading and making skeletal answers/essay outline to the

questionsframework

During answeringanswer in portions

Organization

Who can sue who?

Prioritize which arguments

Analysis

Do not be superficial

Apply the law to the factslaw on its own is useless

Think about the for and against arguments with the legal position in context

Consider policy considerations

Expose shortcomings

Presentation

Use headings

Case1 v Case 2

Case1 v Case 3

Case 2 v Case 3

Always cite, write in good english, focus on the relevant matters and dun
vomit

Assessment

Identify the issue

Applying the correct legal principles

Standard of the argument

o Relevance
o Logic
o Persuasion
o Coherence
o Clarity
o Distinguish