How to be top!
Think think like a lawyer -and get
the best marks!
The Yaakov Gorr version
Lawtutor-commercetutor.com.au
WHY ARE YOU AT LAW SCHOOL ?
The First Principle of War:

SET AND MAINTAIN THE GOAL
What is your Goal ?




Make the world a better place ?
Become the world’s best Lawyer ?
Become a very rich Lawyer ?
Safeguard land rights for gay whales ?
WHY ARE YOU AT LAW SCHOOL ?
WRONG
SET & MAINTAIN THE GOAL
You are at law school for one purpose and
one purpose only…
TO PASS THE COURSE!
If you don’t get your degree you have
wasted your time
 …so becoming the worlds greatest Lawyer,
saving the whales, the environment, and
the world will have to wait

HOW DO YOU PASS?
Demonstrate the ability to
‘think and act like a
lawyer’ in addressing
problems, analysing
issues and performing
legal tasks
TRUTH No. 1
The students who get the
best marks in Law School
are not necessarily the
smartest in their class

WHAT DO THE EXAMINERS WANT
?
Perfection is not
required
• Excellence is quite
sufficient
•
YOUR AIM
To maximise the
marks you get from
the amount of work
you put in
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.
THE BIG ‘SECRET’
Passing Law is conceptually
simple.

It is not easy, but it is simple.

THE BIG ‘SECRET’ cont’d…
Examiners, Judges, Clients all
want the same thing:
The answers to two simple
questions:
1) What
is the relevant law?
2) How would that law be applied in
this situation?
HOW TO SUCCEED
You must show you can:

Think (and act) like a
Lawyer
By learning to use this approach
to all your problem solving
WHAT WAS THAT AGAIN ?
Just answer two simple
questions:
1)What
is the relevant law?
2)How would that law be
applied in this situation?
Law is not a cartoon
LAW IS NOT…
Great literature
Creative writing
Comedy
(most judgments are boring and few
“after dinner” speeches of judges are
riveting!)
WHAT IS THE RELEVANT LAW ?
The are ONLY two sources of Law:
1) Legislative Statutes – (laws passed
by Parliament, and regulations)
2) Judicial
Precedents - court
decisions
NOTE: If you can’t show that the law you quote
comes from one of these sources what you
say is just a personal opinion
WHAT GIVES RISE TO LIABILITY ?

What is it that the Statutes or Courts
say must be present before liability
arises?

What tests must I apply to determine if
these elements are present?

When those tests are applied to these
facts, are the required elements
proven?
THIS IS THE WHOLE OF THE LAW
PRACTICAL EXAMPLE
OFFENCE: Driving through a red
light
Elements:
1)
2)
3)
4)
5)
Person
in charge
of a vehicle
proceeding against directions
of a a traffic regulating device
NOTE: also relates to STOP and GIVE WAY signs
HURDLES
THE ELEMENTS THAT MUST BE PROVEN TO ESTABLISH LIABILITY
5
4
3
2
1
REGULATING DEVICE
AGAINST DIRECTIONS
OF A VEHICLE
IN CHARGE
PERSON
PRACTICAL EXAMPLE cont’d…
OFFENCE: Driving through a red light
Elements:
1) Person
PRACTICAL EXAMPLE cont’d…
OFFENCE: Driving through a red light
Elements:
2) in charge
PRACTICAL EXAMPLE cont’d…
OFFENCE: Driving through a red light
Elements:
3) of a vehicle
OR
OR
PRACTICAL EXAMPLE cont’d…
OFFENCE: Driving through a red light
Elements:
4) proceeding against the directions
PRACTICAL EXAMPLE cont’d…
OFFENCE: Driving through a red light
Elements:
5) of a a traffic regulating device
NOTE: also relates to STOP and GIVE WAY signs
THE MIRAC APPROACH
M: What are the Material facts
I: What Issues arise from those facts?
R: What is the Relevant Law ? (i.e. what are the
elements and tests). Some writers call this the
“rules”.
A: Apply these rules to the facts
C: Reach a Conclusion (which may be tentative)
THE SAME WORKS IN ESSAYS
EG Do we need to change the law relating to ABC
as a result of popular reaction to a certain
event? Parliament changes the law from time to time
as a result of popular reaction or results of law reform
enquiries.
Explain the policy
Analyse the Relevant Law
Apply these rules to various sets of facts
Does this meet the policy needs of the legislators?
If not, suggest changes.
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
HOW DO I DO THAT?

Using your lecture notes,
tutorial notes, text books
and relevant articles,
prepare a summary which
gives you all the elements
and tests relevant to every
area of law in the subject
SUMMARIES
you a ‘generic’ answer to
every possible problem
2) Provide ‘road maps’ through
subjects
3) And consist of:
1) Give
* Principles;
* Preliminaries;
* Elements & Tests; and
* Remedies
EXAM PREPARATION
Preparation of a perfect
summary should be the entire
focus of your exam preparation
for every subject you study

If you have a perfect summary, there is NO
QUESTION that you can be asked in an
exam (or by a judge or client) that you have
not already prepared a perfect answer for
DRAFTING YOUR SUMMARY
1)
2)
3)
4)
5)
6)
Prepare your first draft as a ‘framework
answer’ before the tute
Test it during the tute
Revise it after the tute, preferably in a study
group
Expand and complete it at the end of
lectures on that topic (or in week 13)
Test it using past papers
Correct/complete it as necessary
TO GET THE BEST MARKS
Put your argument logically – show it in a
flow chart during your preparation
2) Put your argument clearly – study groups
are great for testing arguments
3) Put your argument succinctly – I’ve been
able to explain the entire method of
preparing for any form of assessment
(exam, essay, tute) in 36 slides!
4) You’ll need flawless expression and
grammar as well.
1)
WRITING THE SUMMARY
1)
2)
3)
4)
5)
Make good lecture Notes
(But don’t copy anyone else’s notes)
Tutes - always prepare & review
Texts, articles and additional materials
When you write the summary, remember
what the examiner, judge and client want
to know:
a. What is the law
b. How/when does it apply here
Leave no questions unanswered
TUTORIAL PROBLEMS
1)
Use tutorial problems as an opportunity
to prepare topic summaries.
2)
Read the problem, work out what area of
law 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
TUTORIAL PROBLEMS
4)
Apply that framework to the problem to
ensure that it provides all the answers
5)
After the tute, check and revise the
framework, 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
TUTORIAL MARKS
Are the easiest Marks you can get
You will be marked on:
1)
Attendance
2)
Preparation
3)
Participation
4)
Contribution