POLICY ESSAYS
Hamish McAvaney
outline
•  The policy question misconception
•  Policy exam structure
•  Preparing for a policy question
The policy essay
misconception
•  Law students have long believed that problems
questions and policy questions are completely
different.
•  Significant similarities
•  Key difference: critical thinking
Style of policy
question
•  Proposition-Based Question
•  “The Torrens system of title by registration is incompatible with the idea that title
can be acquired by adverse possession. This incompatibility is strengthened when
one considers that the adverse possession recognised in recent cases such
Buckingham County Council v Moran and JA Pye (Oxford) v Graham is not truly
“adverse”, in the sense that is constitutes possession in a manner that is clearly
inconsistent with that of the paper owner.”
•  Do you agree? You answer should refer to relevant cases and material studied this
semester?
•  Case Analysis Question
•  Do you agree with the decision in Cowell v Rosehill Racecourse Pty Ltd [1937]
HCA 17?
•  Normative Question
•  Should the law distinguish between accidental adverse possessors and
deliberate adverse possessors?
Policy essay
structure
•  IRAC Approach.
Issue
What is the question asking?
Rule
What are the applicable legal principles to this issue?
Analysis/
Application
What are the strengths and weaknesses of the existing rule?
Conclusion
What do YOU think?
Tips
•  Leave yourself enough time
•  Ensure that your arguments are cogent, coherent and
clear
•  Answer the question
•  Do not simply trot out pre-prepared answers
PREPARATION
•  Ensure that you have done all of the readings,
particularly journal articles
•  Canvass your notes and attempt to identify potential
policy issues
•  Attempt past year papers
•  Think carefully and strategically about doing optional
assignments