D1M3 Think Like a Lawyer

8/8/2019 D1M3 Think Like a Lawyer

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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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Elements:

2) in charge


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Elements:

3) of a vehicle

OR OR


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Elements:

4) proceeding against the directions


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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

Documents

D1M3 Think Like a Lawyer