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.
Contact www.law-essay.com
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.
Contact www.law-essay.com
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