LAW EXAMS

PREPARING FOR EXAMS

(i) organise your materials

(ii) index your materials to your summaries and case briefs
(iii) have summaries in question form which covers the issue and the
test to be used : eg
Is there a contract?
Is there an offer ? test for offer vs invitation to treat: Case ( year)
(court)

Is there acceptance? Test:..case

Etc

DOING LAW EXAMS

General rules :
1. Answer the question you are asked not another one
2. Dont use note form you are likely to leave out logical connectors
3. Dont use quotes unless it is absolutely necessary
4. Use headings to indicate structure and issues you are dealing with

Answering Problem Questions:

Remember the general question is whether one party is liable/guilty/has breached the
contract etc to another. This plaintiff and this defendant. Be specific. Dont discuss the
legal issues in general. Go to the heart of the issue for these two parties. Come to a
conclusion for those parties.

1. Deal with two parties at a time

2. Dont restate the facts in the question. The marker knows them. Just talk about
the facts when you are applying the law to them.
3. Work out what the test is and apply it. Come to a conclusion.
5. One method which is useful to use to begin to answer questions is the MIRAT
method:
*
M material facts
I the issue
R the rule ratio of a case or statutory rule
A apply the rule to the facts at hand
T tentative conclusion come to a conclusion about whether the
rule applies to this situation and what its outcome is here

*You do a MIRAT for every issue you identify in the problem

*Then you logically connect all your tentative conclusions to come to a final
conclusion about liability/guilt etc.

*Note that you use your knowledge about the doctrine of precedent at the R
stage in identifying the rule you may raise or lower the level of generality;
 argue about formal or purposive ways of identifying the proper precedent,
weave in policy arguments which might apply, etc.

Answering Essay questions:

1. We are looking for evidence that you understand the material and can analyse
and synthesise it into an argument of your own.

2. Analysis comes from asking questions about why we should accept the
material
(i)What assumptions underlie this piece of work/writing etc
Are the assumptions valid?

(ii) Is there evidence for the propositions?

(iii) Is it logical do statements etc follow logically from each other.

Is it coherent? etc

(iv) Is something important ignored or missed? Eg context, history?

3. Synthesis. This means putting all the evidence together with your analysis so
that an argument of your own appears.

Essay format
Use headings
Introduction where you give a general statement of the aim or argument your essay
is going to be about
Then body of essay should be a series of paragraphs which take each piece of analysis
or evidence and assess it, all the time linking it to your general argument. So each
paragraph should drive the reader further towards accepting what you say. (This
includes countering possible arguments against you). Make sure it is logical and there
is coherent connection between the parts of the essay.
Conclusion this should tie everything together dont state your argument for the
first time there. You need to say something that indicates what you have already
shown in the body of your essay.

Exam Technique
1. Plan, plan, plan
2. Spend 1/3 to the exam time planning
3. Remember many better answers are shorter!
4. Write legibly remember your reader
5. Answer the question, answer the question, answer the question
6. You are not expected to do full citations in exams general reference eg short
case name is usually sufficient.

-Prue Vines
Director of First Year Studies
Faculty of Law
University of New South Wales