Keith Mack
Law exam questions in the UK can be challenging, but there are several techniques that can help you tackle them effectively. Law exams typically fall into two categories: essay-style and problem-style questions. Essay-style questions usually involve evaluating a specific area of law, while problem-style questions present fictional scenarios that test your ability to identify relevant laws and apply them. To excel in law exams, it is crucial to have a solid understanding of the law itself and to be able to identify and address legal issues. Effective planning, structuring, and critical analysis are also key components of successful exam answers. Additionally, techniques such as the IRAC method can provide a structured framework for identifying issues, applying the law, and drawing conclusions.
| Characteristics | Values |
|---|---|
| Preparation | Familiarise yourself with outlines and make sure you know the law. |
| Exam structure | Law exams fall into two categories: essay-style and problem-style questions. |
| Essay-style questions | Usually consist of a sentence to comment on, a question, or a quotation to comment on. |
| Essay-style questions | Evaluate the law by discussing its pros, cons, and complexities. |
| Specific essay questions | Identify a particular area of law and focus on a specific issue within that area. |
| Quotation essay questions | Comment on a quote presenting an opinion regarding a particular area of law. |
| Problem-style questions | Understand how many legal issues there are and which require a legal response or action. |
| Problem-style questions | Develop valuable skills like identifying relevant information and applying legal principles to specific scenarios. |
| Problem-style questions | Provide legal advice on the relevant issues and whether a particular claim would be successful. |
| Answering technique | Use the IRAC method to identify issues, state rules of law, apply them, and arrive at conclusions. |
| Answering technique | Avoid jumping from the legal rule to a conclusion; take the reader through your thought process step-by-step. |
| Answering technique | Construct a clear and sound argument using legal authorities and explain how they apply to the facts. |
| Answering technique | Engage with authorities by summarising conflicting views and demonstrating an understanding of where the law is uncertain. |
| Answering technique | Plan your answer by identifying the core and minor issues and structuring your work carefully. |
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What You'll Learn
Recognise the type of question
Recognising the type of question being asked is a crucial skill for law students to develop. Law exam questions can be broadly categorised into two types: essay-style questions and problem-style questions.
Essay-style questions
Essay-style questions typically consist of a sentence or quotation to comment on, or a direct question that needs to be answered. The focus of these questions is to evaluate a specific area of law and discuss its pros, cons, complexities, and specific issues within that area. For instance, "Copyright law does not protect an idea, it protects the expression of an idea. With relevant examples, discuss the above statement." When answering essay-style questions, it is important to provide a critical analysis, addressing each issue individually. The introduction should explain what will be addressed, including the aim, objectives, and essay structure.
Problem-style questions
Problem-style questions are fictional scenarios designed to test your ability to identify relevant laws and apply them to the situation. These questions often involve lengthy scenarios, and it can be helpful to create visual aids like flow charts or diagrams to organise the information. When answering problem-style questions, it is crucial to identify all the legal issues at play and understand which aspects require a legal response or action. For example, in a criminal law scenario, the colour of a suspect's coat is irrelevant, but the manner in which the victim was shot and the shooter's intent are legally significant. The introduction for a problem-style question should restate the key facts related to the legal issues that will be addressed.
IRAC method
The IRAC (Issue, Rule, Application, Conclusion) method is a commonly used formula for answering law exam questions. It involves identifying the issue, stating the relevant rule of law, applying the law to the facts, and drawing a conclusion. While this method can be a great starting point for learning how to answer law exam questions, it may be too simplistic and require further development for more complex analyses.
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Outline your answer
Law exam questions in the UK can be broadly categorised into essay-style questions and problem-style questions. To outline your answer effectively, you must first understand the type of question asked.
Essay-style questions
Essay-style questions typically involve providing commentary on a sentence or quotation or answering a direct question. To outline your answer, you should aim to evaluate the law by discussing its advantages, disadvantages, and complexities. Your outline should also include relevant examples and critical analysis of the topic.
Problem-style questions
Problem-style questions present fictional scenarios that test your ability to identify relevant legal issues and apply them to the situation. To outline your answer, you should first identify the central legal issues and the facts relevant to these issues. This can be done by highlighting important information, creating a flow chart or chronology of events, or using visual aids like spider diagrams.
General tips for outlining
Regardless of the question type, here are some general tips for outlining your answer:
- Understand the question: Ensure you thoroughly read and understand the question before beginning your outline.
- Know the law: Familiarise yourself with the relevant laws, rules, and legal principles that will form the basis of your answer.
- Plan your structure: Consider the structure of your answer, including an introduction, background, analysis, and conclusion.
- Address all issues: Ensure your outline covers all the main issues and, where possible, minor issues as well.
- Use past papers: Practise with past exam questions to improve your issue-spotting abilities and familiarise yourself with common exam topics.
- Engage with authorities: Demonstrate critical analysis by engaging with conflicting views and demonstrating an in-depth understanding of the topic.
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Identify issues
Answering law exam questions can be challenging, but there are several techniques to help you identify the issues at play. Firstly, it is crucial to understand the type of question being asked. Law exam questions can be broadly categorised into essay-style and problem-style questions. Essay-style questions typically involve commenting on a statement, answering a direct question, or analysing a quotation. In contrast, problem-style questions present a fictional scenario and require you to identify the relevant legal issues and apply the law to that situation.
When tackling problem-style questions, the IRAC method is a useful tool. IRAC stands for Issue, Rule, Application, and Conclusion. Start by explicitly identifying the issue. For example, "The issue is whether..." This step is crucial because if you don't spot the issue, you won't be able to apply the relevant law effectively. The fact pattern provided in the question may not always give you hints about the issues, so you must carefully analyse the scenario to identify them.
To identify issues effectively, you should develop a good knowledge base on the specific topic. This includes understanding relevant legal principles and authorities, such as lecture notes, textbooks, and case law. Summarise these authorities concisely and identify the key issues they address. Additionally, practising with past exam papers can help you improve your issue-spotting skills. Try to identify the core and minor issues in the fact pattern and plan your answer before beginning to write.
When identifying issues, remember that the scenario may contain red herrings or irrelevant details. Focus on the elements that require a legal response or action. For example, in a criminal law scenario, the colour of the victim's coat is unlikely to be legally significant, but the circumstances of the shooting and the shooter's intent are crucial. By identifying the legally relevant issues, you can then apply the appropriate rules of law and analyse them in the context of the scenario.
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Apply the law
Answering law exam questions can be challenging, but there are some tips and techniques to help you improve your performance. Law exam questions can be broadly categorised into essay-style questions and problem-style questions. This answer will focus on the 'Apply the law' component of answering law exam questions in the UK, which is particularly relevant to problem-style questions.
Recognising the Question Type
Firstly, it is important to recognise what kind of question is being asked. This can be difficult, especially in the first year of law school, but it gets easier with practice and in later years. Understanding the question type is key to structuring your answer effectively.
Understanding the Scenario
Problem-style questions often involve lengthy scenarios or fact patterns, which may be presented as a story. For example, "Anna is walking down the street, texting her friend. She is not looking where she is going. A driver, Bob, who is trying to get directions on his phone, does not see Anna and hits her." Your task is to identify the legal issues within this scenario and apply the relevant law to advise the parties.
Issue-Spotting
To become a good issue-spotter, practice is essential. Compare your answers to model responses to gain insight into commonly tested issues. In the given example, some of the issues include negligence, contributory negligence, and foreseeability. It is crucial to address all the main issues and most, if not all, of the minor issues to excel in a law exam.
Applying the Law
When applying the law, ensure you have a solid understanding of the relevant legal principles. Avoid the temptation to jump from the legal rule to a conclusion; instead, guide the reader through your thought process step by step. While there may not be one "right" answer, the key is to construct a clear and sound argument, using legal authorities and explaining how they apply to the specific facts of the case. This involves analysing the application of the law to the facts, which is often the most heavily weighted part of your exam answer.
Structuring Your Answer
A clear structure is essential for effective communication. Your law school may have specific guidelines, such as including an introduction or using headings. If not, aim for a straightforward structure that an intelligent layperson without a legal background can follow. Visual aids, such as flow charts or spider diagrams, can also help you organise your thoughts and present your answer logically.
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Conclude with a clear argument
When answering law exam questions, it is important to conclude with a clear argument. This is your opportunity to summarise your exam answer and restate your central argument. Begin by restating your conclusion regarding each legal issue discussed. For example, "Is Jack likely to be convicted of murder?" or "Was the hospital negligent in treating Jane?". This provides a clear view of what your essay aims to convince the reader of.
After introducing your conclusion, use the next few sentences to explain why you came to these specific conclusions. It is important to take your reader through your thought process step-by-step. There is often no one "right" answer to a scenario, so the key is to construct a clear and sound argument using legal authorities and explaining how they apply to the facts.
In your conclusion, do not introduce any new supporting arguments. Instead, summarise the key steps or elements that led to your outcome. This will help highlight why you reached the conclusion you did. Remember, your goal is to persuade your readers to agree with your central argument, so choose and arrange your supporting arguments carefully.
Finally, make sure your conclusion is well-structured and easy to follow. Imagine you are writing for an intelligent layperson with no prior knowledge of law. You can even ask a friend or family member to read your conclusion to ensure it is clear and concise.
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Frequently asked questions
There is no one-size-fits-all approach, but a commonly used method is the IRAC method. IRAC is an acronym that stands for Issue, Rule, Analysis/Application, and Conclusion. First, identify the issue, then state the relevant rule of law. Next, apply the law to the facts of the case and finally conclude.
Exam questions will often present a story or scenario, known as a "fact pattern". Your job is to identify the legal issues within this scenario. Write down the issue explicitly, for example, "The issue is whether...".
Essay-style questions usually consist of a sentence or quotation to comment on, or a direct question. The best approach is to evaluate the law by discussing its pros, cons, and complexities.
Evaluation involves critically analysing the law and discussing different opinions and viewpoints. This includes looking at academic and critical commentary, as well as considering different judicial opinions and identifying areas of uncertainty in the law.
Structure is key. A clear structure helps you save time during the exam and ensures your answer is easy to follow. Your introduction should provide context and identify the central argument or opinion that you will present. The main body should address each issue in a logical, step-by-step manner.
