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How to think like a lawyerHow to think like a lawyer(and pass Law Exams)(and pass Law Exams)
Associate Professor Terry GygarAssociate Professor Terry Gygar
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WHY ARE YOU HERE ?
The First Principle of War:
SET AND MAINTAIN THE AIM
What is your Aim ?
Make the world a better place ?
Become the worlds best Lawyer ?
Become a very rich Lawyer ?
Safeguard land rights for gay whales ?
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SET & MAINTAIN THE AIM
You are here for one purpose and one
purpose only
TO PASS EXAMS! Becoming the worlds greatest Lawyer,
saving the whales, the environment, and
the world will have to wait
If you dont get your degree you have
wasted your time here
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HOW DO YOU DO THAT ?
Demonstrate the ability to
think and act like alawyer in addressing
problems, analysing
issues and performing
legal tasks
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TRUTH No. 1
The students who get the
best marks in Law School
are not necessarily the
smartest in their class
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WHAT DO THEY WANT ?
Perfection is not
required
Excellence is quitesufficient
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YOUR AIM
To maximise the
marks you get fromthe amount of work
you put in
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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.
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THE BIG SECRET contd
Examiners, Judges, Clients all
want the same thing:
The answers to two simplequestions:
1)What is the relevant law?2)How would that law be applied in
this situation?
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HOW TO SUCCEED
You must show you can:
Think (and act) like aLawyer
By learning to use this approachto all your problem solving
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WHAT WAS THAT AGAIN ?
Just answer two simple
questions:1)What is the relevant law?
2)How would that law beapplied in this situation?
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WHAT IS THE RELEVANT LAW ?
The are ONLY two sources of Law:
1)Statutes - laws passed by
Parliament ; and regulations
2)Precedents - court decisions
NOTE: If you cant show that the law you
quote comes from one of these
sources what you say is just a
personal opinion
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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 GIVEWAY signs
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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
22
11
33
4455
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PRACTICAL EXAMPLE contd
OFFENCE: Driving through a red light
Elements:
1) Person
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PRACTICAL EXAMPLE contd
OFFENCE: Driving through a red light
Elements:
2) in charge
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PRACTICAL EXAMPLE contd
OFFENCE: Driving through a red light
Elements:
3) of a vehicle
OR OR
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PRACTICAL EXAMPLE contd
OFFENCE: Driving through a red light
Elements:
4) proceeding against the directions
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PRACTICAL EXAMPLE contd
OFFENCE: Driving through a red light
Elements:
5) of a a traffic regulating deviceNOTE: also relates to STOP and GIVE WAY signs
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THE MIRAT APPROACH
M: What are the Material facts
I:What Issues arise from those facts?
R: What is the Relevant Law ? (i.e. whatare the elements and tests)
A: Apply these rules to the facts
T: Reach a Tentative conclusion
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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
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HOW DO I DO THAT?
Using your lecture notes,
tutorial notes, text books
and relevant articles,prepare a summary which
gives you all the elementsand tests relevant to every
area of law in the subject
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SUMMARIES
1)Give you a generic answer to
every possible problem
2)Provide road maps throughsubjects
3)And consist of:* Principles;
* Preliminaries;
* Elements & Tests; and
* Remedies
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EXAM PREPARATION
Preparation of a perfect
summary should be the entire
focus of your exam preparationfor every subject you study
If you have a perfect summary, there is NO
QUESTION that you can be asked in anexam (or by a judge or client) that you have
not already prepared a perfect answer for
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DRAFTING YOUR SUMMARY
1) Prepare your first draft as a
framework answer before the tute
2) Test it during the tute3) Revise it after the tute
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
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WRITING THE SUMMARY
1) Make good lecture Notes(But dont copy anyone elses notes)
2) Tutes - always prepare & review
3) Texts, articles and additional materials
4) When you write the summary, rememberwhat the examiner, judge and client want
to know:a.What is the lawb. How/when does it apply here
5) Leave no questions unanswered
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TUTORIAL PROBLEMS
1) Use tutorial problems as an opportunity
to prepare topic summaries.
2) Read the problem, work out what area oflaw 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
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TUTORIAL PROBLEMS
4) Apply that framework to the problem to
ensure that it provides all the answers
5) After the tute, check and revise theframework, 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
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TUTORIAL MARKS
Are the easiest Marks you can get
You will be marked on:
1) Attendance
2) Preparation
3)Participation
4) Contribution
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