THE PROCEDURES APPLIED TO UNDERSTANDING LAW EXAMS

There are always students who know the law well but would not get the marks or grades
they deserved in the final exam because they didn’t answer the questions well. More often
than not, it was the technique holding these students back, not their understanding of the
law.
These are my tips for writing great exam answers to problem-style questions. The most
important thing to remember, whatever technique and structure you adopt to answer
questions in exams, is that your goal in answering a question is to show the examiner that
you understand the material and the modules, not just that you have great notes!
As examiners, they have to look for indicators that a student understands the material and
the modules, and that the student is not just copying out notes. For example, we all know
that IRAC suggests you adopt the following steps
• identify the correct legal issues raised on the facts
• state the correct law.
• analyse and apply that law well to the facts.
• conclude.
However, the problem with many students’ answers is not that they don’t apply IRAC – it’s
the effort/time/words they allocate to the different parts of their answer.
For example, if a question raises the corporate law issue of Directors’ Duties – some
students might spend a lot of time
• setting out the elements of the particular duty (including those that don’t apply/are
not relevant on the facts).
• writing out the applicable legislation or case law; or
• restating the facts from the problem.
In a good/great answer, all of these issues would be dealt with very quickly (if at all). Every
student should be able to do these things. They do not require you to understand the
modules – to have good notes.
In contrast, the parts of your answer that should take up most of your time and effort (as
they show that you do know the relevant law) include
• dealing with the more complicated legal issues first in your answer or the most
detail.
• identifying the most pertinent cases or sections that apply to the facts.
• applying/discussing how which laws could resolve the issues.
 • setting out arguments for and against the application of the relevant law where the
outcome is not clear.
• Discuss remedies/penalties and come to a clear conclusion on what you think is the
likely outcome based on the facts.
These parts of your answer require legal analysis (applying the law to the facts) and show
that you understand the relevant legal principles. They need you to demonstrate your
understanding of the law. Instead of your answer containing a lot of abstract detail on the
law, your analysis will make it apparent to the examiner that you understand the legal
issues. The more effort you put into these parts of your answer, the better your marks or
grades are likely to be.
In addition, focusing on these issues in an answer indicates that you are prepared and have
studied for the exam. Legal analysis is not something you can do well if you have not
reviewed your study guide notes, gone over (or redone) tutorials and practised past exam
questions. It is not something you should do for the first time in an exam.
In conclusion, remember that your overriding goal in answering an exam problem is to show
the examiner that you understand the modules. Spend most of your time/words applying
the relevant law to the facts and always coming to a clear and well-argued conclusion on the
key issues.
Also, be sure to plan your answer (including how long you will spend answering each part of
the paper) before you start. Ensure your response is easy to read by adopting a clear
structure and incorporating headings, cogent handwriting, limited abbreviations, and
accurate case/section references. And if you have any questions - just let me know.
Regards, Phillip