How to be top!How to be top!Think think like a lawyer -and get the Think think like a lawyer -and get the

best marks!best marks!

The Yaakov Gorr versionThe Yaakov Gorr versionLawtutor-commercetutor.com.auLawtutor-commercetutor.com.au

WHY ARE YOU AT LAW SCHOOL ?

The First Principle of War: SET AND MAINTAIN THE GOALWhat is your Goal ? Make the world a better place ? Become the world’s best Lawyer ? Become a very rich Lawyer ? Safeguard land rights for gay

whales ?

WHY ARE YOU AT LAW SCHOOL ?

WRONG

SET & MAINTAIN THE GOAL

You are at law school for one purpose and one purpose only…

TO PASS THE COURSE! If you don’t get your degree you

have wasted your time …so becoming the worlds greatest

Lawyer,saving the whales, the environment, and the world will have to wait

HOW DO YOU PASS?

Demonstrate the ability to ‘think and act like a lawyer’ in addressing problems, analysing issues and performing legal tasks

TRUTH No. 1

The students who get the best marks in Law School are not necessarily the smartest in their class

WHAT DO THE EXAMINERS WANT ?

•Perfection is not required

•Excellence is quite sufficient

YOUR AIM

To maximise the marks you get from the amount of work you put in

THE BIG ‘SECRET’

Passing Law is possibly the simplest task you will ever undertake in your life

It is not easy, but it is simple.

THE BIG ‘SECRET’

Passing Law is conceptually simple.

It is not easy, but it is simple.

THE BIG ‘SECRET’ cont’d…

Examiners, Judges, Clients all want the same thing:The answers to two simple questions:

1)What is the relevant law?2)How would that law be

applied in this situation?

HOW TO SUCCEED

You must show you can:

Think (and act) like a Lawyer

By learning to use this approach to all your problem solving

WHAT WAS THAT AGAIN ?

Just answer two simple questions:

1)What is the relevant law?

2)How would that law be applied in this situation?

Law is not a cartoonLaw is not a cartoon

LAW IS NOT…

Great literatureCreative writingComedy(most judgments are boring

and few“after dinner” speeches of

judges are riveting!)

WHAT IS THE RELEVANT LAW ?

The are ONLY two sources of Law:

1)Legislative Statutes – (laws passed by Parliament, and regulations)

2)Judicial Precedents - court decisions

NOTE: If you can’t show that the law you quote comes from one of these sources what you say is just a personal opinion

WHAT GIVES RISE TO LIABILITY ?

What is it that the Statutes or Courts say must be present before liability arises?

What tests must I apply to determine if these elements are present?

When those tests are applied to these facts, are the required elements proven?

THIS IS THE WHOLE OF THE LAW

PRACTICAL EXAMPLE

OFFENCE: Driving through a red light

Elements:1) Person

2) in charge

3) of a vehicle

4) proceeding against directions

5) of a a traffic regulating device

NOTE: also relates to STOP and GIVE WAY signs

HURDLES

PERSON

IN CHARGE

OF A VEHICLE

REGULATING DEVICE

AGAINST DIRECTIONS

THE ELEMENTS THAT MUST BE PROVEN TO ESTABLISH LIABILITYTHE ELEMENTS THAT MUST BE PROVEN TO ESTABLISH LIABILITY

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PRACTICAL EXAMPLE cont’d…

OFFENCE: Driving through a red light

Elements:

1) Person

PRACTICAL EXAMPLE cont’d…

OFFENCE: Driving through a red light

Elements:

2) in charge

PRACTICAL EXAMPLE cont’d…

OFFENCE: Driving through a red light

Elements:

3) of a vehicleOR OR

PRACTICAL EXAMPLE cont’d…

OFFENCE: Driving through a red light

Elements:

4) proceeding against the directions

PRACTICAL EXAMPLE cont’d…

OFFENCE: Driving through a red light

Elements:

5) of a a traffic regulating device

NOTE: also relates to STOP and GIVE WAY signs

THE MIRAC APPROACH

M: What are the Material facts

I: What Issues arise from those facts?

R: What is the Relevant Law ? (i.e. what are the elements and tests). Some writers call this the “rules”.

A: Apply these rules to the facts

C: Reach a Conclusion (which may be tentative)

THE SAME WORKS IN ESSAYSEG Do we need to change the law relating to

ABC as a result of popular reaction to a certain event? Parliament changes the law from time to time as a result of popular reaction or results of law reform enquiries.

Explain the policyAnalyse the Relevant LawApply these rules to various sets of factsDoes this meet the policy needs of the

legislators?If not, suggest changes.

SO WHAT ?

The Implications for Exam Preparation:

To get a HD in every law exam you sit for, all you have to do is know all the elements (and tests) relevant to every area of law in that subject and then apply them to the facts given in the exam questions

HOW DO I DO THAT?

Using your lecture notes, tutorial notes, text books and relevant articles, prepare a summary which gives you all the elements and tests relevant to every area of law in the subject

SUMMARIES

1)Give you a ‘generic’ answer to every possible problem

2)Provide ‘road maps’ through subjects

3)And consist of:* Principles;* Preliminaries;* Elements & Tests; and * Remedies

EXAM PREPARATION

Preparation of a perfect summary should be the entire focus of your exam preparation for every subject you study

If you have a perfect summary, there is NO QUESTION that you can be asked in an exam (or by a judge or client) that you have not already prepared a perfect answer for

DRAFTING YOUR SUMMARY

1) Prepare your first draft as a ‘framework answer’ before the tute

2) Test it during the tute

3) Revise it after the tute, preferably in a study group

4) Expand and complete it at the end of lectures on that topic (or in week 13)

5) Test it using past papers

6) Correct/complete it as necessary

TO GET THE BEST MARKS

1) Put your argument logically – show it in a flow chart during your preparation

2) Put your argument clearly – study groups are great for testing arguments

3) Put your argument succinctly – I’ve been able to explain the entire method of preparing for any form of assessment (exam, essay, tute) in 36 slides!

4) You’ll need flawless expression and grammar as well.

WRITING THE SUMMARY

1) Make good lecture Notes(But don’t copy anyone else’s notes)

2) Tutes - always prepare & review3) Texts, articles and additional materials4) When you write the summary, remember

what the examiner, judge and client want to know:a. What is the law b. How/when does it apply here

5) Leave no questions unanswered

TUTORIAL PROBLEMS

1) Use tutorial problems as an opportunity to prepare topic summaries.

2) Read the problem, work out what area of law it deals with, them ignore the problem

3) Using lecture notes, text books and cases, work out a ‘framework’ covering the issues, elements and remedies relevant to that topic

TUTORIAL PROBLEMS

4) Apply that framework to the problem to ensure that it provides all the answers

5) After the tute, check and revise the framework, adding the new cases, insights etc learned during the tute

6) Get a HD mark for the tute

7) This framework will form the basis for your exam summary

TUTORIAL MARKS

Are the easiest Marks you can get

You will be marked on:

1) Attendance

2) Preparation

3) Participation

4) Contribution