Handy Hints for Studying Law

HANDY HINTS FOR STUDYING LAW



Commentary by Phillip Taylor

Overview

Remember that when you are studying law, at whatever level, the main need is for you to understand the basic substantive principles involved. You will then need to apply these principles in either an essay or factual situation. These general notes are intended to cover all main law courses although I recognise that some points may not be applicable to your own particular studies.

Legal principles have been laid down both by statute and in case law. However, you must realise that you cannot learn every case, so be guided by your textbooks to those cases that are the most important. Also, know you way around your statute books so you are familiar with the main pieces of legislation relevant to your course.

Some paragraphs are highlighted for effect in many of the leading texts and practitioners’ works. Do take special notice of these highlights as you prepare for your final revision.


Here are 10 guidelines to help you with your revision:

1. Review the contents of your textbooks so that you have an overview of the course.

2. Do the same with each specific topic that you have selected for revision. Follow your own selection of topics covered in the textbooks.

3. Examine one topic at a time and digest it.

4. Look where the author has highlighted points.

5. Read each leading passage and case carefully and try to understand what is being said (re-read the notes you have already made as they are always a useful learning device).

6. Make a determined effort to remember:
Names of cases
Facts of the case
The ‘ratio decidendi’
Other important or associated features

7. Re-read the passage a few times and then ask yourself:

- Does this passage link with other areas, cases and interpretations?
- How is it similar?
- How does it differ from other points already known?
- Do I understand this part of the law? If your answer is ‘no’, then read it over again.

8. Test your understanding by working through any self-examination questions by memory only.

9. Mark your self-assessments by checking through the text to establish where you have made errors or omissions and then rectify and memorise the points. Possibly, you might need very short notes for any awkward points that you feel you might forget.

10. Remember that you are undertaking an academic examination and you need to be able to argue points from both sides and include academic thought in your answers. Do note that you cannot afford to forget what you have already studied, nor can you overlook other areas of the law when giving answers to questions. In examinations, the examiner expects you to have retained knowledge learnt from other areas of the law.

IN THE EXAMINATION HALL

(Note that some examining bodies do have the habit of changing the format of the examinations from time to time, so these guidelines are of a general nature. You must read the instructions at the beginning of the paper.)

Points discussed in this section are for each subject. You will probably find that you will have to try some problem questions. For some subjects there may be a wider range of questions to choose from, and the paper may be split up into different parts to cover essay questions and problem questions.

Do read the rubric at the top of the examination paper in case any changes have been made. The examiners sometimes slip in changes which you must take notice of.

You may consider that the paper you are sitting may not, superficially, appear to cover all the topics on the syllabus. However, within individual questions there may be parts which give the examiner greater scope to test your knowledge of the subject generally by linking specific topics.

This is not to catch you out, but merely to test your knowledge - that is what this examination is all about.

COMMENTS ON EXAMINATION TECHNIQUE

From the beginning of your course you will have been preparing yourself for the final examination. The techniques that the examiner may use in order to test your knowledge are the discussion-type essay, the situation -type question and the essay-type question which is broken down into individual parts: (a), (b), (c), etc, so that you do not need to spend so much time planning your answer. Ensure you read the question clearly: answer what is required.

Study the passage/question carefully and then read the questions set about it. Don’t attempt to answer a question until you are satisfied that you fully understand the passage.

Consider the following questions:

A-what is this section/question all about?
B -what areas of law does it cover?
C -what are the relevant laws and academic legal arguments, and what are the related statutes and cases?

Underline key phrases and words in the question and then make absolutely sure that you use these in your answer and that the content of your answer is relevant to those key points in the question.

Review the main points of the answer by brainstorming. Order your ideas and use cases to substantiate your answer.

Do refer back to the question whilst writing out your answer.

Concentrate on making distinct and separate points, backed by references/authorities.
Write in clear, simple English, and keep your sentences short.

Avoid large, undigested paragraphs of jargon or colloquialisms.

Do not waffle, and be relevant. The examiner will detect irrelevant trivia. Note that the examiner is an experienced person with substantial knowledge of substantive legal issues (otherwise he or she would not be an examiner!)


Allocate sufficient time for each question very strictly. Remember that when an examiner is constructing an examination paper time is allowed for reading the question, preparing the answer, writing it and reading it through once it has been completed.

Let me give you an example of marking bands:


TYPES OF MARK BANDS USED FOR ‘A’ LEVELS

These are the marking bands used by some examiners for GCE “AS” and “A2” levels to give an indication of the potential content they are seeking:


21-25 marks


The candidate demonstrates the ability to recognise and explain the rules of law in (i) – (iii), and to select and analyse the key facts so as to achieve perceptive application on which a sustainable solution can be based.


16-20 marks


The candidate shows clear understanding of the rules of law in (i) – (iii), developing explanations and using illustration, but is a little hesitant in developing the application required.



11-15 marks

The candidate shows understanding of the appropriate rules of law in (i) – (iii), developing explanations and using illustrations but is unable to extend the analysis to achieve substantial application of the rules to the facts.

or The answer explains and applies any two of (i) – (iii) (max. 12 if, for example, no murder framework given as in (i)).

or There is a more balanced approach in which explanation, analysis and application are present across the range, but the answer is a little superficial or suffers from some confusion.



6-10 marks

The candidate begins to indicate some capacity for explanation and analysis by introducing consideration of some appropriate rules drawn from (i) – (iii), but the explanations are limited and superficial.

or

The candidate adopts an approach in which there is concentration on explanation in terms of the facts presented, rather than through development of explanation and application of legal rules.



1-5 marks


The candidate merely introduces fragments of information or unexplained examples from which no coherent analysis and explanation can emerge.

or.

Though the candidate attempts to introduce explanation, analysis and application, this is so fundamentally undermined by error and confusion that it remains substantially incoherent.


0 marks

The candidate presents no information relevant to the question.


LAST MINUTE REVISION TIPS

With the actual examination day approaching fast, last minute revision becomes of key importance, but don’t overdo it! You will need to allocate your final revision time carefully.

Prepare a revision programme:

- Prepare for yourself your own schedule of topics to be covered during the revision period.

- Allow time for emergencies that may occur during this critical time.

Plan your time carefully:

- Think about how you are going to use your time. It is a good idea to do 40 to 45 minutes intensive study and then have a 10-minute break. A two-hour stretch at a time is about the maximum that you will be able to do at any one time.

- Make sure that you will not be disturbed.


GOOD LUCK TO YOU IN THE EXAMINATIONS


Phillip Taylor
5 Connaught Road
Richmond-Upon-Thames
Surrey TW10 6DW

Telephone 07726 111921 e-mail: richmondchambers@btonnect.com