What the examiner is looking for.

Most students think that the main concern for an examiner is to ascertain that the student knows the law.
Knowing the law is one matter but applying it is rather different.
Knowing the law implies that the student knows the meaning of a statute, can evaluate common law principles and understand the meaning of each provision.
However understanding a statute as a stand alone document is one matter but applying its provisions to a set of given facts is entirely another matter.
The whole point of an examination question is for the student to demonstrate knowledge of the application of the law to a set of facts. It is not sufficient for the student to reproduce the law without applying it.

Issues for the unwary.

It is only in very rare circumstances that a whole set of facts will mirror a well known decided case, but sometimes some aspects of the facts will be very similar to those of a decided case.
Examiners are looking to ensure that students are up to date with developments in the law. Therefore if the student refers to a decided case as authority for a proposal, it is important to be aware if that case has been referred to appeal. If it has been so referred, the student should acknowledge this so that it is apparent that the student is aware that the case may be overturned.

Examiners are also keen to establish whether students are aware if legislation is subject to an imminent review by way of a law commission enquiry or whether various academics are uneasy with the state of the law. Students who show such initiative will be rewarded by the examiner. Students’ knowledge of such aspects can often mean the difference between a 1st and 2:1 which in turn can affect their future career.

Before discussing a recent piece of legislation which may not have been subjected to judicial discussion or academic commentary, it would be prudent for the student to ascertain the purpose of the legislation. There is often commentary in Hansard when the legislation reaches the committee stage and this will highlight any concerns or questions that the committee members may have which will often provide a clue as to the “wrong or mischief” which the legislation is aiming to correct. Establishing the purpose of the legislation will enable the student to give an informed opinion as to the effect of the legislation of the facts of his or her case.
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TACKLING A LAW EXAMINATION

Writing a Law Essay particularly under examination conditions, can be daunting and students often panic, resulting in a poorly written essay.
There are some cardinal rules which, if followed, will ensure that a well constructed essay is written.
The student will usually be faced with 2 types of examination questions.
Either there will be a problem type question, with a scenario involving various characters and the question will ask you to advise the various parties on their respective liabilities.
In this case the facts can be vague in certain respects which invites the student to explore the vague areas which arise. It is important that students do not invent facts just because they happen to know the answer.

EXAMPLE.

Paul is having a drink in his local bar and Nancy approaches the bar with Rob her boyfriend in close pursuit. Rob is shouting at her and she jostles Paul as she attempts to find a space at the bar causing him to spill some of his beer. Rob (walking in a swaying way) is now right behind her and Paul mutters something to him about hooligans in the bar. Rob is inflamed at this remark and he raises his arm in which he has an empty beer glass intending to strike Paul on his shoulder but he misses him and instead he strikes Nancy on her head and her hair slide shatters the glass which causes a severe gash in her head.
NOTE, the inclusion of the words in bold are intended to make the student consider whether intoxication might be a defence for Rob against a charge of causing grievous bodily harm.
If the bold words are missing then the student should not mention intoxication.
If the question mentioned that Rob had been drinking heavily in the morning but didn’t mention that he was walking in a swaying manner, then you should consider the question of intoxication but you might be able to state that it is not applicable as Rob shows no signs of being intoxicated at the time the offence was commissioned.

It is important to read the facts more than once so that the student can absorb each fact as the addition or omission of one word can radically alter the facts and therefore the answer.
If there are at least 3 characters involved it is often a good idea to jot down the facts concerning each one and then consider their overall part in the scenario.
Each character’s part should be considered in a logical fashion, and both the mens rea and actus reus of any offence should be stated, followed by any defences.
As the scenarios are not always precise and are often ambiguous, the examiner is not necessarily looking for a definite conclusion as to the guilt or innocence of a character. However students should not sit on the fence but should endeavour to expand the answers so that each scenario is fully explored.
This should lead the student to reach a likely preferred/solution when weighing up the various factors.
The aim of this type of question is to find out if the student can logically apply the law to facts and present them in a coherent sequence whilst exploring other relevant avenues to ensure a well rounded and encompassing reply.

The other type of question often involves a statement or quotation by a learned judge or respected academic commentator. The question then asks you whether you agree; or analyse or discuss.
This will involve the student in answering in a different format to the above problem scenario, but it is important to not lose sight of the direction of the question.
If for example the quotation asks you to analyse the case of Donoghue v Stevenson and how the law of tort has developed since this case, then it is all too easy for students to write everything they know about negligence and foreseeability in a narrative non evaluative way.
It is critical to keep the words “analyse” or “discuss” at the forefront of your mind as this will involve much more than a potted history of the law of negligence. Instead you will have to weigh up factors and evaluate why the law has developed in such a way, indicating learned reasoning and illustrating your view with case law.
If you are asked to discuss then you must consider the statement from numerous angles but discussions should be considered in a logical way and within a structured framework. So in the above case of Donoghue v Stevenson you should discuss its impact through case law and any legislation and also discuss instances where it may have been distinguished.

Often answering non problem scenario questions can seem like the easier option but answers can still be muddled and unfocused.
If you are asked for a view, it is permissible to give other learned academic’s views but you must reach your own conclusion based on your own reasoning and not just agree with a particular academic for the reasons he/she has given.

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