General Tips For Law Exams Assignment
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Australia
General tips for Law exams
Stating and applying the law can be a simultaneous process for each issue. Nevertheless, when stating the law:
- formulate rules and principles concisely
- do not summarise the whole area of law: stick to the relevant rules and principles
- quote key (short) passages as needed
- use primary (cases, legislation) rather than secondary sources
- some analysis here may be appropriate, for example, on the limits of the legal rule and exceptions to it in case law.
When applying the law:
- refer only to the material facts as you go
- trace your reasoning/interpretive process explaining why you applied the rule in the way you did, and rejected alternative applications, including plausible interpretations of words and phrases from the law and the facts
- apply rules of precedent:
- e.g. reasoning by analogy, identify similar facts in cases and align them with the facts in your case; or
- distinguish your fact scenario and argue why the law should be applied differently; or
- argue that previous cases only stated the rule in obiter dicta (i.e. it wasn't necessary for four judges to achieve the result) and therefore justify departing from the rule; or
- argue that the original case was decided incorrectly (easier if there is a dissenting opinion that you can cite (though acknowledge that it was a dissent)).
- explain the outcome or implications of the application of law.
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