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Tag: What is the best way of answering law problem questions

how to answer law questions pdf

how to answer law questions pdf插图

What are the different types of law exam questions?

Types of Examination Questions. There are several types of law exam questions: short answer, essay questions, fact based questions, etc. Short answer questions typically require a few sentences by way of responses and assess recall of information.

What are fact based law exam questions?

Fact based questions test a candidate s ability to identify legal issues in a statement of facts, to present a reasoned analysis of the issues and to arrive at a well-supported solution. The following is a brief guide on how to answer fact based law exam questions.

What is the best way of answering law problem questions?

The most acceptable way of answering law problem questions is through IRAC method. IRAC is actually the best because it makes it very easy for students to explain any legal principle with authorities in the simplest format. Below are the things you must know about IRAC method of answering law questions.

How to perform well in law exams?

To perform very well as a law student, you must have it in mind that time is very important. You have to be time conscious because you have only but 2:30 minutes to answer all the questions you were given. Most times, students are expected to answer at least 3 questions in law examinations.

What is an essay question?

On the other hand, an essay question is a question which requires an individual to write on legal principles without using a particular format like the IRAC method.

What is a problem question?

Just like I explained at the beginning of this work, a problem question is a question that test candidates by giving them stories/cases to solve. Here, law students will be expected to draw out the issues of law in the story, as it relates to what they have been taught in the classroom.

Why do you use a red pen in law?

The reason is because, it makes it easy for anyone who is assigned to mark your examination script.

How many questions should a law student answer?

To perform very well as a law student, you must have it in mind that time is very important. You have to be time conscious because you have only but 2:30 minutes to answer all the questions you were given. Most times, students are expected to answer at least 3 questions in law examinations.

What does "notminding" mean?

Notminding the fact that you are not required to advise the parties or to use a particular method to answer your question, you have to have some mental steps at the back of your mind so as to make your work enticing and arranged before your tutor or Lecturer.

Why is it important to cite the rule of law?

It is very important that you cite authorities because that is what will back up the rule of law and legal principles in the case .

How to sue a party in default?

Simply tell each of the parties their rights and persuade them to sue the when the need be . Here, you can also rebuke the party in default in the case and tell him why he/she is at fault.

What does a successful law exam answer mean?

successful law exam answer comes to a conclusion; the correctness of the conclusion matters, but it does not matter as much as the analysis that shows the examiner an understanding of the issues and how to analyze them.

How to study for a law exam?

The best way to study for a law exam is to synthesize all the material learned. Go over the notes you made while reading, review the chapters in the text, and any additional materials you read on each topic. Take all those materials and put them into an outline or summary, in whatever format works best, then use it as the basis for studying. Modify and annotate that outline or summary when studying for the exam.

What are the different types of law exam questions?

There are several types of law exam questions: short answer, essay questions, fact based questions, etc. Short answer questions typically require a few sentences by way of responses and assess recall of information. Essay questions test a candidate’s familiarity with and an ability to discuss critically various issues of legal policy. Fact based questions test a candidate’s ability to identify legal issues in a statement of facts, to present a reasoned analysis of the issues and to arrive at a well-supported solution. The following is a brief guide on how to answer fact based law exam questions.

Why are law exams given under strict time limits?

Law exams are given under strict time limits to test how well a student has mastered the course material and the student’s ability to apply this knowledge to new situations in a time-constrained environment – the usual environment in which legal professionals operate.

What does a successful law exam answer mean?

successful law exam answer comes to a conclusion; the correctness of the conclusion matters, but it does not matter as much as the analysis that shows the examiner an understanding of the issues and how to analyze them.

What are the different types of law exam questions?

There are several types of law exam questions: short answer, essay questions, fact based questions, etc. Short answer questions typically require a few sentences by way of responses and assess recall of information. Essay questions test a candidate’s familiarity with and an ability to discuss critically various issues of legal policy. Fact based questions test a candidate’s ability to identify legal issues in a statement of facts, to present a reasoned analysis of the issues and to arrive at a well-supported solution. The following is a brief guide on how to answer fact based law exam questions.

Why are law exams given under strict time limits?

Law exams are given under strict time limits to test how well a student has mastered the course material and the student’s ability to apply this knowledge to new situations in a time-constrained environment – the usual environment in which legal professionals operate.

how to answer a problem question in law

how to answer a problem question in law插图

What is the best way of answering law problem questions?

The most acceptable way of answering law problem questions is through IRAC method. IRAC is actually the best because it makes it very easy for students to explain any legal principle with authorities in the simplest format. Below are the things you must know about IRAC method of answering law questions.

What is a legal problem question?

Problem questions are those law questions that tell live stories about the relationship between people and then require you to identify legal issues from those interactions, address the issues with relevant authorities and then to advise the parties on their different rights using the IRAC method.

How do you deal with problem questions in an exam?

The general technique that you can use to deal with any problem question is the simple formula: IRAC. If you understand how to use IRAC, dealing with problem questions will seem less problematic. By the time you’re done with this post, you should be able to put any problem question in its place. What is IRAC? IRAC is simply an acronym for: Issue

How do you break down a legal question?

Find a way to break down the question. One common way to approach analysing problem questions is the IRAC method – identify the Issue, explain the Legal Rule, set out its Application and reach a Conclusion based on this.

What is an essay question?

On the other hand, an essay question is a question which requires an individual to write on legal principles without using a particular format like the IRAC method.

What is a problem question?

Just like I explained at the beginning of this work, a problem question is a question that test candidates by giving them stories/cases to solve. Here, law students will be expected to draw out the issues of law in the story, as it relates to what they have been taught in the classroom.

Why do you use a red pen in law?

The reason is because, it makes it easy for anyone who is assigned to mark your examination script.

How many questions should a law student answer?

To perform very well as a law student, you must have it in mind that time is very important. You have to be time conscious because you have only but 2:30 minutes to answer all the questions you were given. Most times, students are expected to answer at least 3 questions in law examinations.

What does "notminding" mean?

Notminding the fact that you are not required to advise the parties or to use a particular method to answer your question, you have to have some mental steps at the back of your mind so as to make your work enticing and arranged before your tutor or Lecturer.

Why is it important to cite the rule of law?

It is very important that you cite authorities because that is what will back up the rule of law and legal principles in the case .

How to sue a party in default?

Simply tell each of the parties their rights and persuade them to sue the when the need be . Here, you can also rebuke the party in default in the case and tell him why he/she is at fault.

What was the purpose of the case of Akenzua II?

Benin Divisional Council (1959) WRNLR 1, the defendant asked the plaintiff to use his influence to convince the African Timber and Plywood company to release some forest areas to it. The plaintiff was able to successfully prevail on the African Timber and Plywood company to do this.

What is past consideration?

According to the Black’s Law Dictionary 9th Edition, past consideration can be defined as “An act done or a promise given by a promisee before making a promise sought to be enforced. Past consideration is not consideration for the new promise because it has not been given in exchange for this promise.”.

Why did the Oba sue the Provisional Council?

The Provisional Council agreed to do this. However, it subsequently withdrew its assent. As a result, the Oba sued them to enforce the “contract”. The court held that the Oba’s act was not valid consideration for the Provisional Council’s promise because when the Oba carried out the act, he didn’t do it for a promise.

Why should Daniel Kiss not go ahead with the suit?

My advice to Mr Daniel Kiss is that he should not go ahead with the suit because his consideration is past consideration, making the contract unenforceable.

What is IRAC in law?

IRAC is a formula that is used throughout the broad sphere of legal writing. IRAC or slight variations is used by judges in delivering judgements, by lawyers in writing their briefs, by lawyers when giving legal opinions, and numerous other areas of law.

Why do you use "whether" or "whether" in a court case?

This is due to the fact that in court cases, issues are usually couched in the form of questions.

What is the application part of IRAC?

In the application part of IRAC, you are going to relate the authority (s) you have used with the facts of the case. This is how you should do it:

How to approach problem questions?

One common way to approach analysing problem questions is the IRAC method – identify the Issue, explain the Legal Rule, set out its Application and reach a Conclusion based on this. Depending on the scenario you’re given, you might need to work through this process several times, for example, once for each party involved or each potential cause of action

Why are problem questions important?

Problem questions can be challenging, but they are a great way of developing key skills which are needed in plenty of careers, not least for working on the legal profession. Just remember, one day you may have a real client in front of you, and be very glad you had the chance to practice first!

Why do we ask problem questions?

Problem questions can help you to develop valuable skills around identifying relevant information, applying legal principles to specific scenarios and writing advice in a clear and logical manner. Here are some top tips on how to approach this type of question.

What is the application part of a problem question?

The Application part of a problem question is key . It can be very tempting to jump from the legal rule to a conclusion, but you need to take your reader through your thought-process step-by-step. Often, there is no one “right” answer to a scenario, the key is to construct a clear and sound argument using legal authorities and explaining how they apply to the facts.

Can you quote sections of a statute?

When it comes to explaining the legal rules that apply to a scenario, it can be tempting to quote sections of statute or parts of judgments. Although it’s great to reference legislation and cases, setting out their meaning in your own words really demonstrates your understanding. It can be tricky to get the balance between keeping the original meaning and putting it in your own way, but it does get easier with practice.

Can you reach a conclusion?

When you are trying to write a conclusion, you may find that there are parts of the scenario that are a little ambiguous or where there is potential for different outcomes. If that is the case, it is fine to indicate that you can’t reach a final conclusion, but it is important to explain why not.

How to approach problem questions?

One common way to approach analysing problem questions is the IRAC method identify the Issue, explain the Legal Rule, set out its Application and reach a Conclusion based on this. Depending on the scenario you’re given, you might need to work through this process several times, for example, once for each party involved or each potential cause of action

Why are problem questions important?

Problem questions can be challenging, but they are a great way of developing key skills which are needed in plenty of careers, not least for working on the legal profession. Just remember, one day you may have a real client in front of you, and be very glad you had the chance to practice first!

Why do we ask problem questions?

Problem questions can help you to develop valuable skills around identifying relevant information, applying legal principles to specific scenarios and writing advice in a clear and logical manner. Here are some top tips on how to approach this type of question.

What is the application part of a problem question?

The Application part of a problem question is key. It can be very tempting to jump from the legal rule to a conclusion, but you need to take your reader through your thought-process step-by-step. Often, there is no one “right” answer to a scenario, the key is to construct a clear and sound argument using legal authorities and explaining how they apply to the facts.

Can you quote sections of a statute?

When it comes to explaining the legal rules that apply to a scenario, it can be tempting to quote sections of statute or parts of judgments. Although it’s great to reference legislation and cases, setting out their meaning in your own words really demonstrates your understanding. It can be tricky to get the balance between keeping the original meaning and putting it in your own way, but it does get easier with practice.

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Read more slowly

We get it – when the exam starts and you see the first question you’ll be desperate to get on with answering it – but make sure to take the time to read (and re-read) the question set. The question will be full of little details and hints which will guide you towards the right topic.

Look out for red herrings

Examiners will sometimes throw in odd details to put you off. A common trick is to include a very specific date for when something happened. This could be the day before or after a particular statute became law. If so, your entire answer will change.

Use our suggested outlines

All our Law Answered guides contain full or summary problem question structures – we’ve deliberately designed our notes in this way in order to help you learn the subject in the same way as you’ll need to apply it.

Be practical

Answering a problem question is very different to answering an essay question. This is not an opportunity to engage in academic debate and jurisprudence. Instead, imagine that you are a lawyer giving practical advice to a real client – as if you are explaining the law and evaluating their circumstances and what the outcome in real terms will be.

Answer the question set!

Finally, and most importantly – make sure you are answering the exact question, with the exact facts, that you have been set. So many students slip up because they do not check back in with the question and end up side-tracked and discussing a marginally relevant issue.

What is IRAC?

IRAC, sometimes referred to as ILAC, is a really useful tool designed to help you answer questions such as this in a defined, logical structure and ensure that you won’t miss anything from your answer. There are loads of variations on this but essentially, it stands for: I ssue, R ule, A pplication, C onclusion.

How long does Jamie have to repay Bosworth Bank?

Anything-in-a-Sandwich then got into difficulty and Jamie had to inform the Bank that he would not be able to meet the repayments, upon which Bosworth Bank agreed Jamie could have an eight-month period during which he need make no repayments and he could then make the rest of the repayments over six years, with no extra interest to pay.

What is Jamie’s restaurant called?

Jamie decides to start up a restaurant called Anything-in-a-Sandwich. Bosworth Bank lends him the money he needs to do so. Jamie must repay the money by monthly instalments over two years. The restaurant soon gets into financial difficulties due to the fact that it just was not possible to hold the stock needed to put anything in a sandwich. Customer’s requests could not be fulfilled and word spread that Jamie’s restaurant was not living up to its name. This dramatically reduced the number of Jamie’s customers.

Why is it important to apply the IRAC formula to each issue?

It is really important that the IRAC formula is applied to each individual issue, as trying to tackle the question all at once, identifying all of the issues, then all of the relevant law, applying it across all of the scenarios and then concluding, will only serve to make life harder for you and confuse the marker! Breaking it down into these simple steps serves to give your answer a really clear structure and makes sure that you don’t miss anything.

What was the case in Central London Properties v High Trees House?

This case concerned a lease for a block of flats during WWII. The lease was signed in 1937 with rent payable at £2500 a year. Following the outbreak of the War, it was not possible to get tenants for all of the flats and the defendants were struggling financially. The plaintiffs, therefore, agreed to accept a lesser payment of £1250 rent a year while the difficulties continued. Following the end of the war, however, the flats were once again all let out and the plaintiffs wished to reinstate the original higher rent and claim the difference for the reduced rent during the war years. Denning stated that the original agreement could be reinstated as the promise was only intended to be binding whilst the difficulties in letting the flats remained. In relation to the arrears, however, Denning opted not to follow the harsh authority of Foakes v Beer and instead stated that in certain situations where a promise had been made that was intended to be binding, and acted upon and was indeed acted upon, it will be binding so far as its terms properly apply. The plaintiffs would, therefore, be estopped from claiming back the arrears. This decision formed what is known as the equitable doctrine of promissory estoppel, and it can be used as a defence to claims in cases in similar circumstances to the above facts.

What do you need to explain to the marker?

Now you have done the hard part, all you need to do is explain to the marker what you think the outcome will be. Simple! For example, depending on the question you might need to advise whether they are guilty or liable? Are they entitled to damages? It is important not to sit on the fence here. Be decisive! It does not matter if the marker completely disagrees with your decisions, as long as you have set out why you think this is the case above you have no need to worry.

What does it mean to be a good answer?

A good answer will show an ability to apply the law that you have learned in a practical setting. Something as simple are correctly identifying who you are advising, instantly shows the marker that you are engaging in a critical application the law, as opposed to just listing off all the law relevant to the scenario.

What to do after sitting down in exam hall?

Planning. After you sit down in your chair in the exam hall, don’t panic. Lots of students rush exams without really thinking about what they are writing. Reading the problem question properly is one of the most important things you can do.

How to make your answer easier to read?

Also, make sure your answer is spaced out with paragraphs. This makes your answer easier to read and will help the examiner follow what you are saying.

Why do you need to set out a brief plan at the beginning of your answer?

By setting out a brief plan at the very start of your answer you will improve its structure and make it easier for the examiner to read it !

How can a good structure increase a student’s mark?

The use of clear headings, sub-headings and paragraphs is vital. Look at this example:

What does reading a different journal article show?

For example, reading a different journal article will impress your examiner and show that you have really thought about the topic.

How to reach mini conclusions?

1) Reaching ‘mini conclusions’ at the end of each issue throughout the answer . For example, once you have finished dealing with the first issue, you can explain what your conclusion is. Then you can move onto the second issue.

What does understanding help you with?

Understanding what you are actually being asked will help you structure your answer and maximise your mark.

What is the first issue in a tort case?

The first issue is whether the defendant owes the claimant a duty of care.

What to say when a defendant is not speeding?

For example, you might say ‘if the defendant was speeding, he is likely in breach of his duty.’ Explain why. Then, say that ‘if he was not speeding, he is likely not in breach.’ Finish by explaining why this is the case.

What is an example of a problem question in tort law?

For example, lets say you are writing a problem question in tort law. You have a defendant who has run over a pedestrian with his car. You think he may be liable in negligence, so you start by considering whether he owes a duty of care. You would structure your analysis of this issue as follows:

What is the red herring in painting?

The red herring here is the owner’s negligence. This seems like it should be relevant to whether the owner has lost property in the painting. In reality it is not: you cannot lose ownership of property because you were negligent. Because the information seems relevant, it is tempting to discuss it at length, for example by talking about estoppel by negligence. This wastes time and will not get you any marks. Rather, you should say ‘the owner’s negligence is not relevant to whether he retains ownership of the painting’. Then, move on.

How to write a legal essay?

Other stylistic tips for writing a professional sounding essay include: 1 Avoid contractions (‘don’t’, ‘can’t’), slang phrases and other informal language; 2 Avoid the phrase ‘it is submitted that’. This kind of wording is for moots and legal debating, not academic legal essays; 3 Try to deal with only one issue per paragraph. This makes the essay less visually intimidating; 4 If simple language and short sentences get your point across, use simple language and short sentences. There is a temptation to sound ‘professional’ by using multi-clauses sentences and complex vocabulary. This just makes the essay harder to read.

How to answer law problem questions?

1. Read the Facts. The first step to answering any law problem question is to read the entirety of the facts you are given. Do not just jump into answering the question. Take your time and ensure that you fully understand all the issue involved in the case. It may help to highlight parts of the fact-pattern that you think are important.

What to do if you make a positive claim about the law?

If you ever make any kind of positive claim about the law, back it up with a citation. What proves your claim? A case? A statutory provision? Cite it. You need to assure the marker that you aren’t just making lucky guesses. Also, many institutions’ grading criteria specify that you can’t get more than a 2:2 if there is insufficient citation.