EXAMINATION TECHNIQUE
HOW
TO ANSWER LAW EXAM
There
are two types of question: A student preparing for a law examination must train
himself to answer two kinds of question:
I.
Textbook questions, i.e. those requiring exposition or discussion of a
particular topic. II. Problems, i.e. those requiring the application of legal
principles (Essay type) to a given situation.
Textbook
Questions. These are designed to test the student’s knowledge and understanding
of the subject. Such questions require the statement, criticism or discussion
of principles. Here are some points for guidance:
a)
Read the question carefully. It is very important to read the question
carefully and precisely. Underline any parts of the question which seems to you
to be significant. Note particularly what you are told to do. E.g. a contract
is an essence of the agreement, but not all agreements are contract.
Discuss.
b)
Make an outline plan of your answer. In order to this you must try to see
exactly what the examiner wants. If the question is widely drawn you will need
a widely drawn plan. If the question is narrowly drawn, you will need a
narrowly drawn plan. Make sure that the aim and scope of your plan exactly
satisfy the question. It is at this stage you must settle what goes into your
answer. Your outline will probably consist of four or five key sentences
arranged in logical sequence. Jot down the name of cases and statutes you wish
to cite.
c)
Write an answer based on the plan. Stick to the plan and try to set out the
answer in an attractive way. Let the plan “show through” the answer so that
your work has an obvious shape to it. If you think that sub headings will help
to underline the form of your answer, then delineate them clearly (e.g. by
numbering and underlining them)
d)
Express yourself with clarity and precision. Your style of writing is personal,
but in law examinations it is usually best to aim at simplicity. Never use a
long sentence when a shorter one will do. Never use a long sentence when the
ideas contained in it can be more simply expressed in two or three short
sentences. Keep close to the line of argument in your outline plan. Above all
do not “waffle”: the examiner will always recognize this for what it is, and it
will gain you no marks.
Essay type Exams
Most
law exams call for essay-type answers, designed to test your ability to analyze
and resolve legal problems. Your answer must demonstrate the ability to spot
the precise legal issues involved in the problem, and to provide a LEGAL
solution to those issues based on the materials studied throughout the course
and your own reasoning ability. The following suggestions should be considered
in writing your question:
(1)
Analyze the problem carefully: Read the problem through once quickly and
determine its general nature. Focus on the question asked at the end of the
problem (e.g., "What are the rights and liabilities of the parties'?"
or "What advice would you give P, and why?"). Keeping in mind the
question asked, read the problem through again, slowly and carefully. Squeeze
every word and phrase to raise all potential issues; you will later eliminate
those that are not logically relevant. Ordinarily, it should not be necessary
to read in or stretch the facts to reach the issues. Instead, confine yourself
to the facts given and the logical inferences that can be drawn therefrom.
Apply your "approach") to make sure that you have raised all relevant
issues.
(2)
Organize your thoughts: After you have completed your analysis, chart the
issues and the manner in which you will resolve them before you start writing.
Arrange the issues in the sequence in which you would expect a court to deal
with them, i.e., normally, jurisdiction (applies to law students), then
liability, and remedies. Jot down the points you will discuss in sufficient
detail to force you to think the problem through to its conclusion. Make sure
that your analysis is leading to a fair and practical solution; if not, recheck
your analysis.
(3)
Don't start writing until your analysis and organization is complete: You'll
usually find it necessary to spend at least one-fourth of the time allocated
for the question in analyzing the problem and organizing your answer. Don't be
concerned that others begin writing before you do; examiners are
usually more concerned in the quality than the quantity of a student's answer.
Also, a logical organization and clear expression of ideas can do wonders for a
solid substantive answer and can even bolster a weak answer. Finally, you'll
find you can write faster than you'd suppose.
(4)
When you are ready to begin writing, use the I-R-A-C format for each issue
raised:
IRAC=Issue+
Rule (Law) + Analysis + Conclusion
(a)
First, specify the issue: State the issue in precise legal terms (e.g., whether
the defendant beached the condition of contract"). Avoid generalizations
and fence-straddling phraseology (e.g., "Can the offeree sue for breach of
contract?").
(b)
Next, state the applicable law - the rule and reasoning applicable to the
issue: Consider the applicable law pertaining to the issue you have. The law
can be case law or provision of legislations.
Make certain that you express the underlying rationale behind each rule
of law.
(c)
Then, apply the law to the facts: Avoid the common error of stating a rule and
then jumping to the conclusion that the rule should be applied. The examiner
will not infer a supporting argument for you - you must spell it out.
Therefore, with respect to each element of law involved, show which facts in
the case support (or prevent) application of the rule. Discuss and weigh the
facts given and logical inferences to be drawn therefrom.
(d)
Finally, come to a conclusion on each issue: Make sure that you have answered
the question asked (e.g., if the question is "What advice would you
give?" state clearly and explicitly your ad-vice). Never leave an issue
"hanging," or end your discussion of the problem with a question. If
a number of solutions are possible, discuss the merits of each, but always
select one position as your decision and state why. Remember that in close
cases, it is generally best to select the most practical and fair decision, and
avoid a decision that disposes of the issues on purely technical grounds. Most
law instructors appreciate and encourage independent and original legal
reasoning. Therefore, don't consider yourself bound by the "general
rule" " in answering an exam unless the question clearly calls for
such.
(5)
Remember these other helpful pointers:
(a)
Budget your time: If you have allocated one-fourth of your time to analysis and
organization, you should write only in such detail that you will cover all
points raised in your analysis in the remaining time. Also, always save at least
two or three minutes at the end of the period to review your answer and to
clarify and improve it. You may pick up grade points simply by making your
answer more readable or by catching obvious errors.
(b)
Stick to the issues: It is not advisable to go into matters not directly raised
by the exam question. Avoid the temptation to recite broad segments of the law
which you may have committed to memory but which in reality have little to do
with the problem raised. You will often find that you are short of time in
writing a law exam, and it is therefore dangerous to digress from the actual
issues.
(c)
Emphasize what counts: Law exams are usually graded more heavily on certain
issues than on others. Therefore, in writing your answer, spend as much time as
possible on the more controversial or difficult parts of the problem. You
should not minimize or skip over preliminary points, but your instructor is
usually more concerned with the way you handle the difficult issues of the
problem, and will grade accordingly. Except where the question clearly calls
for it, discussions of historical materials, superseded doctrines, or
discredited cases should be kept to a minimum.
(d)
Make sure your answer is readable: A grader is not likely to be impressed by
the logic of an answer that cannot be read or is difficult to decipher.
Therefore, if your handwriting borders on the illegible, it will be helpful for
you to learn to type your exams (Assignments). Typing is also a boon to those
whose handwriting is so slow that it puts them at a disadvantage time wise on
law exams. Whether you write or type, keep your sentences short and paragraph
frequently. It is also a good idea to leave an extra line between paragraphs;
it enhances readability and provides room for insertion of thoughts that occur
to you later.
