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ANSWERING A LAWANSWERING A LAW

PROBLEM QUESTIONPROBLEM

QUESTION

.L.A.C. approach

.L.A.C. approach

-FactsFacts

-LawLaw

-ApplyApply

-ConcludeConclude

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1.1. FactsFacts

--Who are the parties involved? Separate themWho are the parties involved? Separate them

out.out.

-- Who have you been asked to advise?Who have you been asked to advise?

--Look at the facts carefully. What legal issuesLook at the facts carefully. What legal issues

exist on the facts before you? Draw diagrams ifexist on the facts before you? Draw diagrams if

it helps.it helps.

Which issue belongs to which party?Which issue belongs to which party?

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2.2. LawLaw

-What law applies to each issue?What law applies to each issue?- Look toLook to allallrelevant cases and sections of Acts.relevant cases and sections of Acts.

-What are the legal elements needed to fulfil thatWhat are the legal elements needed to fulfil that

claim?claim?-Make sure you have defined and desribed casesMake sure you have defined and desribed caseswhere appropriate.where appropriate.

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3.3. ApplicationApplication

--Apply theApply the lawlawto theto the factsfactsbefore youbefore you

- Compare previous cases to your caseCompare previous cases to your case

study Similar? Different? Explain why?study Similar? Different? Explain why?

-If you are to advise a party, let themIf you are to advise a party, let themknow what they need to do or not do orknow what they need to do or not do or

what the other party could do.what the other party could do.

--Are all of the legal elements satisfied?Are all of the legal elements satisfied?

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4.4. ConclusionConclusion

-- What will be the outcome of theWhat will be the outcome of the

dispute?dispute?

- Summarize the issues again.- Summarize the issues again.

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Use of the factsUse of the facts

-Always read the facts very carefullyAlways read the facts very carefully

-

Use them to argueUse them to argue bothbothsidessides

-Compare them to previous decisions: areCompare them to previous decisions: are

they different or similar?they different or similar?

Q - Would issues in the exam/assignmentQ - Would issues in the exam/assignment

problem be decided in the same way asproblem be decided in the same way as

previous cases?previous cases?

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Use of casesUse of cases

-Explain, briefly, the cases raised andExplain, briefly, the cases raised and

how each case can be applied orhow each case can be applied or

distinguished on the facts in front of you.distinguished on the facts in front of you.

-

ExplainExplainyour choice of casesyour choice of cases

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Use of HeadingsUse of Headings

-Use headings throughout yourUse headings throughout your

answeranswer

-

Headings help to break down theHeadings help to break down the

questionquestion

-Plan and structure your answerPlan and structure your answer

before writingbefore writing