LEGAL WRITING IN TESTS &

EXAMINATIONSStudy Unit 6

eLearning RPK 214

CURRENT EXAM SKILLS AT UFS

Severly underdeveloped

Reading???????

No paragraphing

No headings

Poor language skills

NO structuring skills

Handwriting

Lack of analytical skills

Misunderstanding of question verbs

QUESTIONS

SHORT QUESTIONS

ESSAY TYPE

ESSAY TYPE QUESTIONS

1. INTERPRETING QUESTION

2. DEVISING ARGUMENT & STRUCTURING ANSWER

3. PRACTISING WRITING SKILLS

INTERPRETING THE QUESTION

ANSWER SPECIFIC QUESTION ASKED!

AVOID GENERAL ANSWERS

AVOID LENGHTY “INTRODUCTIONS / SETTING OF SCENES”

E.g. Why did South Africa not win the Soccer World Cup 2010?

AVOID LITERAL APPROACH IN “QUOTATION” QUESTIONS

“Until problems in the relationship between the South African Police Service and the British Prosecutorial Service are resolved, the British judiciary will be in a weak position to decided on Shrien Dewani’s extradition.” Discuss / Do you agree?

Underline key words / phrases (Careful!)

Identify questions regarding the gist of the statement- What is the relationship supposed to be?

- Is the weakness of the British judiciary to decide the extradition attributable to the problematic relationship?

- What is the British judiciary’s powers to decide on the extradition?

- How can the weaknesses be resolved?

AVOID LITERAL APPROACH IN “CRITICALLY EVALUATE” QUESTIONS

“Until problems in the relationship between the South African Police Service and the British Prosecutorial Service are resolved, the British judiciary will be in a weak position to decided on Shrien Dewani’s extradition.” Critically evaluate.

Assess success / appropriateness of specific area of law / institution

Explain what it is

ANSWER & ARGUMENT

GOOD STRUCTURED ANSWER = More likely to gain marks

STRUCTURE OF ANSWER = OFTEN DEPENDS ON QUESTION

DESCRIPTIVE ANSWERS REQUIRED

ARGUMENT REQUIRED

DESCRIPTIVE ANSWERS REQUIRED

Material GOOD, CLEAR, TIGHT FRAMEWORK

SUPPORT WITH RELEVANT AUTHORITY

No argument required

TECHNIQUES:

1. GENERAL RULE – General rule & exceptions

2. FIRAC

ARGUMENT REQUIRED

TRADITIONAL APPROACH:1. Put questions in context indicating 2 possible arguments2. Outline both arguments3. Make conclusion you favour

FAVOURED APPROACH:1. Pick a side / argument2. Support it with facts / authority3. Show why other argument is unpersuasive

DEPENDS ON WORDING OF THE QUESTION!

TECHNIQUES TO PRODUCE POLISHED ANSWER IN ESSAY

1. Explain steps you take to get to answer

2. Mention arguments contrasting your argument To ‘shoot it down’

3. Outline general principle; follow with example

4. Demonstrate your ability to make fine distinctions

5. Do not regurgitate the academics. Impose your own structure

6. Use legal language CORRECTLY

7. Employ impartial submissions

ADDITIONAL TIPS…

1) Clear, concise, engaging!

2) Consider audience & purpose!

3) SPELLING!

4) NO SMS LANGUAGE!

5) Paragraphs paragraphs paragraphs

6) Headings

7) Avoid repetition

8) Logical reasoning

GOOD LUCK WITH YOUR

EXAMS!