Student Perspective
How to succeed in the course
7 NOVEMBER 2015
Welcome to the law
 Intro
 The law is fascinating and practically useful in every day
life.
 Doctrine of necessity - Dudley v Stephens (1884) 14 QBD
273
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On 5 July 1884, Four people, Dudley, Stephens, Brooks and a 17 year
old boy had to abandon their yacht and board an open boat in the the
high seas 1600 miles off Cape of Good Hope
They went 18 days without food and water, bar a turtle they caught,
and rain water they trapped on their oil skins
Dudley and Stephens suggested they draw straws to see who should
be sacrificed and eaten, so the others could survive. Brooks dissented
Introduction
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Dudley and Stephens (Brooks dissenting), suggested they killed the boy because
he was the weakest.
Dudley with Stephens consent stabbed the boy in the throat and killed him.
The three men then fed on the boy’s body for 4 days.
They were rescued. On their return to England, Dudley and Stephens were
charged with murder. Both argued defence of necessity (ie they had to kill the boy
to survive).
Court held that necessity is not a defence to murder.
Lord Coleridge:
“Though law and morality are not the same, and many things are immoral that
are not necessarily illegal, yet the absolute divorce of law from morality would
be a fatal consequence; and such divorce would follow if the temptation to
murder in this case were held by law to be an absolute defence of it. It is not so.”
“By what measure are the comparative value of lives to be measured? Is it to be
strength, intellect or what…in this case the weakest, the youngest, the most
unresisting was chosen. Was it more necessary to kill him than one of the grown
men? The answer must be no.”
Agenda
 Please don’t video or take pictures of this
presentation.
 Introduction
 Past exam statistics
 Why people fail or drop out
 Attending lectures
 Study groups
 Study expectations
Agenda
 Assignment preparation & structure
 Example assignment
 Example exam summaries
 Preparing for exams
 Exam technique
 Student and lecturer questionnaires
 What you get out of the course
 Question and answers
Time Management
EXPECTATIONS
Time Management - Expectations
Throughout the course allow approximately 8 hours of
study for each weekly lecture broken up as follows:
 3 hours for the readings (some take more)
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Reading your notes, prescribed text, case extracts
 1 Hour to review and tidy up your lecture notes after the
lecture
 2 hours to summarize the readings, legislation and case
extracts
 2 hours to prepare the final cut of your exam summary to
1 - 1.5 pages for each topic
Note Assignment and exam prep are separate to the above
Time Management - Expectations
At the start of the semester diarize the following key dates:
 Date you need to commence your assignments
 Date your assignments are due
 Date you need to commence your exam preparation
 Date of your exams
 When and what you are going to study (set out and work to a project plan)
 Discuss the course with your family and work. Their support and
understanding is critical to succeeding in this course. Set expectations on:
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What you need to do throughout the semester (set their expectations)
The weeks/ weekends you will be tied up working on assignments
The weeks/weekends you will be preparing for exams
The dates of your exams (fact you will be stressed beforehand)
When you need study leave
Example 1 – Sample time table
Attending Lectures
BENEFITS
Attending Lectures
Benefit of attending lectures
 The LEC has found that students who fail to attend lectures
are the most likely to fail
 Go to all lectures. If you miss a lecture go to the weekend
school to make it up.
 During the lecture the lecturer:
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Tells you what they want you to know
Summarizes the course (they summarize the text and case principles)
Tells you the key cases to know for the exam
Gives you hints of what will be in the exam, or you need to know for the
assignment
 You get to ask the lecturer questions
 You get to form relationships with your peers, feel
accountable to them, and stay connected
Throughout The Semester
Weeks 1-12/13
STUDY ROUTINE
READINGS
SUMMARIES
Throughout the semester
Base ALL of your study around the subject guide. It is your course
bible.
1.
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Print it out, bind it, and take it to all of your lectures, refer to it all the time.
More on the subject guide later tomorrow
Read the prescribed readings before the lecture (allow 3-4 hours
for readings. How many pages can you read an hour?)
2.
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Read prescribed text
Read prescribed legislation
Read case extracts.
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Judgments are a Judge’s “EXAM ANSWER” for other judges.
The judge sets out the issue/s, relevant legislation, relevant precedent case law,
apply the law to the facts, and come to a conclusion
The factual matrixes of exam questions are based on real cases
Reading case extracts helps you spot the issues in exam questions
Judgments often review the relevant key principles from other cases. So this is a
great source of revision.
Exam Preparation Recipe For Success
Throughout the Semester
3. Attend the lectures and actively take notes (see the
recording feature in your Office Word program)
4. Review and tidy up your notes within 48 hours of the lecture
(using headings from the subject guide). This is the best way
to memorize and lock in the content
5. Summarize the prescribed readings (text, legislation & case
extract) in accordance with the subject guide headings.
Settle the first cut of your notes for that lecture.
6. Summarize the notes for each lecture to 1- 1.5 pages
maximum.
7. Re read your notes before the next lecture and in the weeks
before the exam.
Study Groups
 Join a study group of 3 or more people
 Study group and the assignment
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Meet your study group 3-4 weeks before the assignment to discuss
the assignment
Share a basic bullet point outline of the key issues in the assignment
with your study group
Do not share your final assignment with anyone, do not post it on
Facebook.
 Study group and the Exam
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Meet your study group a couple of time 4 -6 weeks before the exam
to review problem questions and discuss topics.
Don’t meet your study group 3 days before an exam it can confuse
and stress you (lock yourself in a cave)
Assignments
PREPARATION
ANSWERING THE QUESTION
STRUCTURE
Assignment Preparation
 Each subject is assessed out of 100, 20% assignment 80% final
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exam.
The assignment is a great opportunity to put marks in the bank.
Aim to get 15 out of 20 (or better). This gives you a buffer of 5 marks
(or more) for the exam.
Commence working on your assignment at least 4 weekends before
it is due
Allow 2 weekends for the reading
Allow one full weekend to draft the assignment
Allow another one day to review and polish the assignment. Ask
yourself “have I answered the question”.
Allow one night, to sleep on the draft, and amend before submitting
Plan to submit 1 week early. This gives you a buffer if you get sick
etc.
Assignment Preparation
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Read the assignment question several times
Highlight the issues
Read your relevant lecture notes (the lecturer is telling
you what they want to see in the assignment)
Read the question again and highlight any more issues
you see
Read the text and relevant cases, and for extra marks
try do some research (does not apply to first LI
assignment)
Prepare a bullet point outline of the issues and law.
Discuss your outline of issues with your study group
(Don’t post on the Facebook)
Assignment Structure
8. Provide a structured cogent answer to the question (for
each issue)
 Overall introduction
 Issue – Identify the issue/s
 Law
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What is the relevant legislation? Make reference to the statute law –
identify which section you are considering (and why you are starting with
that section). If parts or phrases of the section are particularly relevant to
your answer identify those parts or phrases in your answer without
writing out the whole section;
What is the relevant case law (use lecturer’s cases first)? – state the
principle in your own words, and cite the case. The relevant law/case law
will often contain a test that must be satisfied – state the test clearly using
your own words
Assignment Structure
9. Apply the law – apply the law/test to the facts
10. Conclusion – Briefly state your conclusion on the issue
11. Overall conclusion – If a number of issues, provide an
overall conclusion – ANSWERING THE QUESTION
12. Complete citations, and bibliography
13. Review, polish and submit
 Tip: In your assignment and exam, cite the cases referred to in lectures
and in the subject guide (lecturers are looking for this)
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Please note the above process may not apply to the first Legal Institutions assignment.
 Example 1 - Contracts assignment structure
Exam Preparation
6 weeks to exam
PREPARATION
EXAM SUMMARIES
PAST PAPERS
TECHNIQUE
Top 7 Reasons People Fail Exams
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Haven’t attended lectures
Haven’t read the prescribed readings
Haven’t practiced problem questions under exam conditions
Haven’t spotted the issues
Don’t answer the question
Don’t provide a cogent structured answer (fail to use IRAC)
Poor time management in the exam - running out of time
Use the reading time to allocate the time for each question, and stop that
question when the time is up!
Remember the easiest marks are the first 80% (16 marks) of the allocated
marks for that question. Don’t go over time chasing the last 20% (4 marks)
 Tip – Following the exam, apply for an interview to meet with the lecturer
to see what they are looking for and what you can do to improve
Pre Exam Preparation
6 weeks before exam
Open Book Exams (a false sense of security) - Prepare for the
exam as a closed book exam! You don’t have time in the exam to
refer to your notes.
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6 weeks before the exam
Make your own nutshell book – don’t rely on library nutshell
books, they are a false crutch
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Summarize all of your notes (lecture notes, prescribed readings, legislation and
case principles) to a maximum of 1 – 1.5 pages for each topic (ie 12 lectures in the
semester = 12-18 pages of final exam summaries for the entire subject).
Review and start memorizing your final summary (key sections of
legislation, principles and cases)
Do the above, while you continue your prescribed readings and
summaries for the remaining lectures
Pre Exam Preparation
Final 2 weeks before the exam
Plan to finish all of your prescribed readings, summaries etc 2 weeks before
the final exam.
1.
Time yourself handwriting one page of typed notes. Tells you the amount
of typed content you can fit into a 40 minutes in the exam.
2.
Read and memorize your personal exam nutshell every morning in the
final 2 weeks before the exam.
3.
Problem question practice
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Problem questions are great final step in exam prep
They are the best way to test you what you have learned and ability to channel it into a
structured bite sized exam answers.
Warning problem questions should not form the basis of your study. The best prep is to do
the course work.
Do as many problem questions as you can (allow 1 day to complete 2/3 problem questions
Do problem questions under exam conditions, by handwriting, with a stopwatch. You need
to train your hand to write fro exams!
This gives you an idea of time limitations.
Practice applying the law to the questions. Critical!
Best thing is to do 3 problem questions in a row on the same topic (best way to memorize)
Pre Exam Preparation
Final 2 weeks before the exam
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Do first problem question open book, give yourself 45 minutes
to answer the question. Then take 45 minutes to review your
notes and tidy up your problem question answer.
Do the second problem question closed book. After you have
finished, spend a further 45 minutes reviewing your notes and
correcting your answer. Repeat for the third question.
Warning problem questions should NOT be your sole source of
study.
Final Exam Preparation
2 days before the exam
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Prepare a course “Overview MAP” of the subject linking
relevant principles etc. This locks in the course
Print out and bind the subject guide, your final exam
summary, and first draft of your summary. Create an index
on the first page of your final summary so you can find
things quickly
Tab the relevant sections of your notes, legislation and
prescribed text for quick reference in the exam.
Calculate the time you can spend on each question and part
thereof in the exam
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3 hour exam with 4 questions = 45 mins a question
Less 5 mins reading = 40 mins a question
At 20 marks for 40 mins - a 5 mark part to a question is worth 10
mins of time
Pre Exam Summaries
 Example 2 – Conveyancing Subject Guide
 Example 3 – Conveyancing Lecture summary
During The Exam
PROCESS
PAST PAPERS
TECHNIQUE
In The Exam
Write down the finish times for each question on the front of
exam paper.
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Eg 2.00pm start, 3hour exam, 4 questions equate to 45mins a question
Q1 finish 2.45, Q2 finish 3.30pm etc
Choose the questions you want to answer
Allocate time allowed for each part of the question (ie write
down how long you can spend on a 5, 7, 10 mark question)
Pick the first question you want to tackle. Carefully read the
question again, and highlight the issues. Critically make
sure you answer the question.
Prepare an answer plan – planning is everything
Answer the question, for each issue, using IRAC method
In The Exam
Stop (pen down) when the allocated time on the question is
up. This is critical. The first 80% (16 marks) of the marks
are the easiest to get.
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If there are 4 questions in an exam and you run 5 minutes over for
the first three questions, then you only have 30 mins or 30% less time
to answer the last question which is also worth 20marks. Ie you have
cost yourself 7 marks
Don’t run over time on a question chasing the final couple of marks,
move on.
Help the examiner to give you marks.
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Write legibly – allows examiner to give more marks. Write on every
second line if you have bad hand writing.
Underline or highlight key cases references and legislative
If you can’t remember a case name, state the principle you will get marks
If you are running out of time, then as a last resort in bullet points state
the issues, relevant principle and case citation – more marks
Post Exam
Post Exam Lecturer Interview
 After the exam apply for a meeting with the
examiner (see course book).
 Use the meeting to:
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See what the examiners are looking for
Find out how you can improve your exam technique
If you fail a subject
 Don’t quit
 Some of the best practitioners have failed a subject
Student Questionnaires
 4. Please see student questionnaires.
Lecturers Questionnaires
 5 Lecturer’s questionnaires on why students fail
 6 Lecturer questionnaires closed book exams
Further Sessions
 At 12 midday and 1pm on 7 November 2015
(tomorrow) - I will be running a 1hour seminar on
using the subject guide, taking notes, summarizing
cases and the LI course generally.
 On Friday 29 January 2016 – I will be conducting a 4
hour lecture on the following:
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Preparing for the exam
Structuring an argument using IRAC
Applying IRAC to some past paper exam questions.
If any of you are doing Contracts this Semester, I will be
conducting the Contracts Tutorials for that course.
What you get out of the course
 An ability to get straight to the issue of work related
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problems
An appreciation of your time, and time management
A new career in law/or appreciation of the law in
your current role
Greater opportunities in your career, based on the
respect the workforce has a law on your CV
A great sense of personal satisfaction. Studying law is
immensely rewarding.
What you get from the course
 An opportunity to meet a range of people you would
not normally meet (my library friend)
 A different way of thinking
 Admission to an incredibly well respected profession
 Two success stories
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Graduation ceremony
Admission ceremony
Questions
 This presentation, student feedback, lecturers
feedback, summary templates and other material is
on the LEC website.
 Login to the LEC site, Click on “notes” section of
Legal Institutions
Persistence
 Nothing in this world can take the place of
persistence. Talent will not: nothing is more
common than unsuccessful men with talent. Genius
will not; unrewarded genius is almost a proverb.
Education will not: the world is full of educated
derelicts. Persistence and determination alone are
omnipotent.
Calvin Coolidge
Good Luck
 Thank you for your time
 Enjoy your studies and good luck!