PROFESSIONAL RESPONSIBILITY

General Tips for all NCA Exams:

The NCA provides students with an extremely informative resource which every candidate
should read and be familiar with. Please visit the NCA webpage or follow the hyperlink below
for step by step instructions on how to answer fact based law exam questions using the IRAC
method:

http://www.flsc.ca/_documents/Answering-Fact-Based-Exams.pdf

Use the IRAC formula for writing out your fact based exam answers (i.e. answering problem
questions). Canadian law schools and the NCA favour this method of attacking questions and
require it for a well thought out answer.

IRAC/CRAC

What is it?

 Issue, Rule, Analysis, Conclusion OR Conclusion, Rule, Analysis, Conclusion

 Method for organizing legal analysis so that the reader can follow your argument
 Especially helpful in writing exams (IRAC) and legal memos (CRAC).

How to do it?

As an example, we will look at whether someone can sue for battery as a result of
inhaling second-hand smoke. The issue we will look at is whether there is contact, which
is required for a battery claim.

Issue
 First state the question or problem that you are trying to answer (what might bring
the parties into court). This can be in the form of a question or a statement
depending on what your reader prefers. Examples:
o “There is an issue as to whether contact occurred when the plaintiff
inhaled the second-hand smoke.”
o “Does contact occur when one inhales second-hand smoke created by
another?”
 However, in legal memos, one may state the conclusion up front (in case the
reader is too busy to read through the entire analysis. Some professors also prefer
that you state the conclusion up front.

Rule
 State the rule or legal principle. This may take the form of stating the elements
required for a prima facie case.
o “The prima facie case for battery requires the following elements: an act,
intent, contact, causation, and harm.”
 Some professors do not want you to explicitly state the rule (i.e., “The rule is…”).
Rather, they prefer that you imply it in your answer. In other words, cut to the
chase by focusing your rule statement on the part of the rule or element that is at
issue.
 o “The offense of battery requires contact with the plaintiff’s person.”

Analysis
 This is where you state your evidence and explain how you will arrive at your
conclusion. You may cite other cases, discuss policy implications, and discuss
(discount?) cases that run counter to your conclusion.
 Make sure that you weigh both sides and make counterarguments where
appropriate.
 Use case law, analogizing and distinguishing, and policy (for example, the goals
of tort law) to work your way to a conclusion.

Conclusion
o “The court is likely to find that harmful contact occurs when a smoker
releases second-hand smoke into the air and that air is inhaled by a
bystander.”

Use headings and subheadings wherever and whenever possible. This allows the examiner to
clearly decipher and separate your ideas and content.

Read all of the questions first! Reading (or at least skimming) the questions at the beginning of
the exam will help you to narrow your arguments and stay on track. Here you can strategize in 5-
10 minutes which questions you want to answer and in what order you will answer them. It is
suggested to answer the heavily weighted questions first.

Pay attention to the time! The NCA provides suggested time which should be allocated to each
question. Sticking to their suggestion is crucial when attempting to finish the exam on time.

Pay attention to the marks allocated to each question! Each question is given a weight out of 100.
Using this knowledge can help you narrow your answer (or vice versa) and tailor it to what the
NCA is asking for.

The NCA will often ask students to write a MEMO on the topic. For example: “Assume you are
an articling student working for the Crown. Write a MEMO addressing the issues for the lead
prosecutor.”

If you do not know how to structure a legal MEMO, please consult the following website:
http://legalresearch.org/writing-analysis/legal-memorandum/

You do not need to follow this format exactly. Just realize that the format is a bit different from
your IRAC setup. Write the MEMO as if you are explaining the law, issues, relevance,
conclusions to a co-worker when tasked with writing an internal MEMO for your company.

How to use the Professional ResponsibilityMaterials & General tips

I will be sending you two documents (sets of notes):

1) Extensive version (roughly 100 pages). Read this once or twice in depth.
2) Refined version (roughly 25 pages). Use this as a topic outline. This is all the information you
need to know. Always refine!
Expect a series of short answer questions versus a fact-pattern-type question worth say 40%+.
This exam requires you to know the model code in detail (including the main comments).

The model code is your life line. You should be reading and highlighting the code and using its
table of contents religiously. Pretty much every answer you give on the exam must cite the code
number and you must write out the code provision (IN FULL). I have seen students fail by
simply referencing the code provision and not writing out what the code actually says.
I printed the code in a slide layout so there were two slides per page. This was immensely helpful
as you are able to scan across two pages at once. This is very helpful for the table of contents as
well. If you do not know how to print in Adobe using the “multiple slides per page” layout, go
here: http://helpx.adobe.com/acrobat/kb/print-multiple-pages-per-sheet.html.

Keep an eye out for elements that overlap in the course. There are themes of Integrity, Honesty,
Candour etc -they relate to many different elements. You will most likely get a question which
generally asks how is integrity intertwined in different elements/rules in professional ethics.

There is always a question on conflicts. Mainly when a lawyer with a former client moves to a
new firm. Pay attention to the case law here. There isn’t much case law in the course that is
applicable. So when you see case law in the notes (refined version) take particular note of how to
apply it.

The extensive version can be daunting. In my opinion, about 75% of the content from the book is
just background noise. Articles and law reform isn’t really applicable here. The questions are
very practical and you can question spot as you go through the notes.

It is a very fair exam. Probably the easiest in my opinion.

Best of luck with the exam!