How to Write Law Exam Answers
How to Write Law Exam Answers
Personal notes made with reference to Legal Reasoning And Legal Writing by Richard K. Neumann, Jr.
What a teacher looks for * Your understanding of how to use the rules * Your understanding of what the law is trying to accomplish with them
Two kinds of questions * Hypothetical situations * Response to issue/statement
Rubric of grading: what a teacher looks for when marking * Issue spotting * Knowledge of legal rules * Ability to analyse and solve a legal problem in depth
Reading hypotheticals * 1st read: See the big picture, read from beginning to end without using your pen. * 2nd read: Underline important things and make notes in margin. * 3rd read: Make a list on scratch paper all the issues present in the question, note relevant facts under each issue picked out.
Dealing with facts * Ask yourself why a fact is there. * 4 reasons why a particular fact is in the story o It creates or helps to create an issue because it is inconsistent with another fact or appears to be inconsistent with the law. o It helps to resolve an issue because it shows whether element(s) of the rule is satisfied. o It is a red herring. o It has no legal value and just helps to tell the story.
Dealing with the issues listed – make an outline * Look at issues individually * Write down what rules are necessary to resolve the issues * Decide the sequence in which the issues are to be discussed
Writing format for dealing with each issue * State the issue * State governing rules. Rule proof is usually not necessary. * Apply rules to the facts. Use additional rules as needed. o Show intellectual depth by explaining how your analysis is consistent with the policy behind the rules and including a counter-analysis. * State your conclusion. * Acronym: IRAC: Issue, Rule, Analysis/counter-analysis and Conclusion.
Important points * Explain reasoning fully. Explain why
Personal notes made with reference to Legal Reasoning And Legal Writing by Richard K. Neumann, Jr.
What a teacher looks for * Your understanding of how to use the rules * Your understanding of what the law is trying to accomplish with them
Two kinds of questions * Hypothetical situations * Response to issue/statement
Rubric of grading: what a teacher looks for when marking * Issue spotting * Knowledge of legal rules * Ability to analyse and solve a legal problem in depth
Reading hypotheticals * 1st read: See the big picture, read from beginning to end without using your pen. * 2nd read: Underline important things and make notes in margin. * 3rd read: Make a list on scratch paper all the issues present in the question, note relevant facts under each issue picked out.
Dealing with facts * Ask yourself why a fact is there. * 4 reasons why a particular fact is in the story o It creates or helps to create an issue because it is inconsistent with another fact or appears to be inconsistent with the law. o It helps to resolve an issue because it shows whether element(s) of the rule is satisfied. o It is a red herring. o It has no legal value and just helps to tell the story.
Dealing with the issues listed – make an outline * Look at issues individually * Write down what rules are necessary to resolve the issues * Decide the sequence in which the issues are to be discussed
Writing format for dealing with each issue * State the issue * State governing rules. Rule proof is usually not necessary. * Apply rules to the facts. Use additional rules as needed. o Show intellectual depth by explaining how your analysis is consistent with the policy behind the rules and including a counter-analysis. * State your conclusion. * Acronym: IRAC: Issue, Rule, Analysis/counter-analysis and Conclusion.
Important points * Explain reasoning fully. Explain why