Getting Used to Law Examinations

[magiconch]

Hi guys,

So I started Law this year and I'm struggling a little bit. It's just like nothing else I've ever studied and I don't know exactly how to go about it. I'm taking brief notes that focus on legal principles and I understand what I'm supposed to do and the content is all fine but executing is a different matter.

I really struggle with problem questions especially. I'm able to pick out the salient issues but I just have no idea how to structure my actual answer and I'm starting to panic because I feel like I'm not getting it and the exams are approaching. I do all the practice problem questions given to us but I have no idea whether my answers follow the logical, dialectic style needed in law. They also take me quite long to write because I don't know how to approach the question and end up spending a lot of time re-editing for coherency.

I know I'm pretty vague here but can anyone give me some direction as to how to approach problem questions at least?

Thanks so much in advance

[VPos42]

Hey there 

This is very general advice, but it's helped me immensely! In an 'issue spotter' question, try following the IRAC method.

I = spot the ISSUE.

Write a heading stating what the issue is. For example, if you're doing Torts and it involves a battery claim, write "Battery" as a heading so the examiner knows exactly what you'll be talking about. For each issue write a new heading - again so the examiner can follow your answer.

R = state the RULE.

Here you identify the relevant cases you've studied which provide the rule/answer to the fact scenario provided. Simply write out the rule of the case, and then reference the case after the statement. For example "the tort of battery requires a positive, voluntary act, as a defendant is liable for their actions but not their inaction - Ines v Wylie 1844".

Also, if the fact scenario isn't exactly the same as the case you've just referenced, look for other cases which cover the additional facts of the scenario provided, as other cases may provide exceptions to the general rule.

A = APPLICATION of the rule to the fact scenario.

Simply apply the rules you've mentioned to the fact scenario provided.

C = Conclusion.

A short conclusion based on the rules and application of those rules to the fact scenario. For example, "If Mr. X were to take action for he would most likely be successful/unsuccessful".

Hope that helps!

[chasej]

Does your uni have any extra library classes you can attend? at monash there's a library workshop series which helps explain writing/research techniques etc.

IRAC explained above is very useful too.