Tips to study law : Examination Techniques

Read the directions first and next the questions carefully, ascertaining exactly what is required. Assume that all facts given in the question have some relevance to your answer so that issues are less likely to be left out.
It may be helpful to prepare a rough outline in point form which is organised in a logical sequence. This will usually involve the following steps.
a. What are the legal issues relevant to the problem?
b. Outline the relevant legal principles, citing applicable cases and/or statutory provisions
c. Apply these principles as legal arguments. If possible contrary legal arguments should be set out and evaluated
d. State a conclusion which answers the question asked and ties together the legal arguments.

In an "open book" exam:
a. refer to your notes summary and all indexes to materials in order to help establish such frameworks for these facts
b. organise the legal principles in a logical sequence
c. use tutorial problems in helping to ascertain issues
d. apply the principles to the facts of the exam question
e. formulate coherent legal arguments.


Allocate your time according to the marks for each question. Most students who fail, do not complete the paper or are left with very little time to properly attempt some questions. It is better to:-
a. complete an answer in point form
b. even leave questions partly uncompleted where the main points are covered
c. move on to the next questions rather than to spend time completing a question beyond the allocated time.

A hurried answer that touches on the relevant issues is far better than no answer at all.
Discuss each issue one at a time before moving on to the next. This approach most easily enables the legal principles to be logically applied to the problem. Do not put down ideas in the order you think of them and jump from point to point at random.
Concentrate on a logical analysis of the problem before coming to a conclusion. Do not reach a conclusion in the beginning and then try to justify it in your arguments.
Do not copy off slabs from textbook case head note or statute! The examiner is looking for an understanding and application of legal principles rather than an ability to copy. It is far better to spend time on applying the principles rather than merely copying out provisions that reveal no understanding. Similarly, it is usually a waste of time to cite cases and then proceed to state the facts for no apparent purpose. A statement of facts can be useful where some point is being made in a legal argument. For example, to show that the case may differ in an important respect to the exam problem, a brief discussion of the facts may be incorporated into an argument.

Remember that in an open book exam, the examiner knows that you have access to books and notes. Marks are largely given for how these are applied.
In subjects such as Company Law, Industrial Law and Taxation, which are based largely on statute, it is important to reveal an understanding of specific provisions and how they apply to a problem.
This often requires:
a. a close examination of a relevant section by pulling apart the various elements
b. incorporation of cases into the answer which interpret the section.
c. application of particular provisions to the problem.

An examiner may have in mind a number of points arising from a particular section and the more of these that are raised, usually the better the mark. Again, the emphasis should be on revealing an understanding of the operation of legal principle rather than copying large slabs of statute or text.