STUDYING LAW AT UNI

Contents
Part I Surviving Law..............................................................................................4
1 Why Study Law?................................................................................................4
2 Coping at University..........................................................................................4
3 Essential Study Skills: time management........................................................5
4 Essential study skills: reading, notetaking and learning legal concepts........5
Reading and skim-reading................................................................................5
Reading legal texts............................................................................................6
Notetaking.........................................................................................................6
Learning and Understanding Legal Theory.....................................................7
Taking Time to Explore my Study Self..............................................................8
Becoming an Active Learner.............................................................................8
Ideas for Collaborative Learning......................................................................8
Taking Advantage of my Memory.....................................................................8
Part II Understanding Law....................................................................................9
5 Crucial Concepts................................................................................................9
6 Reading Case Law.............................................................................................9
Before I Read.....................................................................................................9
After Some Pages...............................................................................................9
Skim, Read, Note and Review.........................................................................10
7 Introducing Legal Theory................................................................................11
What Theory Is................................................................................................11
How Much Should I Know?.............................................................................11
Some Levels of Analysis..................................................................................12
Applying the Theories.....................................................................................13
Part III Using the Law.........................................................................................14
8 Writing Law Essays.........................................................................................14
Essay Writing: The Basics...............................................................................14
Research for My Essay....................................................................................14
Writing My Essay.............................................................................................15
Citing Authority...............................................................................................15
Using Footnotes...............................................................................................16
9 Preparing for Law Exams................................................................................18
Whats Being Tested?......................................................................................18
Open Book Exams............................................................................................18
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Exam-Friendly Notes.......................................................................................19
Getting and Overview......................................................................................19
Training............................................................................................................20
Learning to Use the Law.................................................................................20
10 Sitting Law Exams.........................................................................................21
Divide and Conquer.........................................................................................21
The Issues Stage: Reading Time.....................................................................21
The Planning Stage: The Basic Format..........................................................22
The Structuring Stage: Using the Law...........................................................23
The Writing Stage: Answers That Attract Marks...........................................24
Exam Paragraphs Are They Helpful?...........................................................24
Filling in the Gaps...........................................................................................25
Chill..................................................................................................................26
11 Dealing with Problems..................................................................................26
Appendix 1 Starting Point for Web Resources...................................................27

Part I Surviving Law

1 Why Study Law?
Memorising the substance of the law is less important than you think. The main
task is to understand the principles of the law and to develop the skills to
update knowledge continually and apply existing laws to new situations
The real focus of my studies is the acquisition of the following skills:
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Critical and analytical skills

The ability to argue clearly and logically
Written and oral presentation skills
Research skills increasingly using IT
The ability to understand complex policy issues

Studying law will enable me to use the law but not to recite it.
Career choices:
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Private Practice (Law Firms)

o Corporate law firms
o Labour law firms
o Criminal law
o Family law firms
o Others:
Secondment (where the firm sends me to a client to get
experience and to understand the clients needs better)
Transfer into another office or an associated firm
Work in privatised or semi-governmental authorities and
organisations
Public Practice (Government)
o Government solicitor
o Office of Public Prosecutions
o Foreign Affairs
o Other government departments
The Bar or Judges Associate
Non-Legal Word
o Management and administration
o Academia
o Other (research, journalism, stockbroking, politics etc.)

2 Coping at University
Lecturers and tutors wont chase me to see how much work Im doing; its not
even certain they will dictate what work I should be doing.
I have to set my own study regime and keep up with the material by myself.
Universities do have a study skills adviser to help me get organised.
There is a comparative lack of feedback. Comparison to other students might
help, but they will lie. I need to establish a study routine that suits me. Due to
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the nature of examination over assessment in university, it will take an

extraordinarily long amount of time to gain feedback of performance.
Tutors and lecturers will assume that most of my learning is happening through
self-study.
Due to the length of the academic year, I have to start early and I must keep
working throughout the university year.
I must study consistently and steadily throughout the year, but dont become
fixated on perfection. Sometimes I have to acknowledge the no one have a
perfect understanding of a particular issues and that all I can do is adopt a
position on it. What is being tested is rarely whether is get the right answer,
but how I justify the position I adopt.

3 Essential Study Skills: time management

Learning at a consistent rate throughout the academic year will earn me better
results than a few frantic weeks at the end of the semester.
Think of myself as a professional already in regards to time-management
Get into the habit of checking noticeboards and reading all of my class
handouts.

4 Essential study skills: reading, notetaking and learning

legal concepts
Reading and skim-reading
Reading consumes the most amount of time in my life as a law student. I need
to become good at reading and grasping key concepts in cases, legislation,
textbooks and journal, articles. Therefore, I have to develop my skills as a skim
reader.
I must think about what I am reading. I must understand what I read, not
memorise slabs of text. Most of my reading will be for a purpose: it isnt of a
value if I read quickly, I have to understand the main points behind judgements.
It is my understanding and appreciation that counts, not how much I read in an
amount of time. (I took a speed reading course and read War and Peace in
twenty minutes. It involves Russia. Woody Allen.)
You can read for multiple purposes:
-

For an overview of the topic:

o It is important to read the course description carefully and be
aware of the broad aims of the course. The matters there are likely
to be examined.

Read over the course notes and do so several times in the

semester. While I need to learn many details. I should also be
asking myself what the implications of each journal article or case
are to the subject as a whole.
For a context in which to consider the topic:
o There is an emphasis on critical perspective. I may read an article
to gain knowledge about a critical methodology that I can apply to
a case. I must ask myself while reading:
What critical assumptions is the person making?
How could this approach be used in the example case?
What sort of a way is this to look at the topic
For details of a specific issues/decision
o After reading a case I may feel my knowledge in a certain field is
limited. In that instance, I should turn to textbooks for background
information. then, I can analyse how the specific case accords with
general principles.
For the background of an issues/decision
o If I have time I should try and read some other cases that are
referred to in a judgement. Then, re-read the case and I will find
that the second reading of the judgement was much easier.
o Judges often refer to a long list of judgement before concluding
with a slightly different judgement. I must therefore ask myself
broad questions like
What assumptions was this line of precedent based on?
Why did the Court choose to go a different way?
o

Reading legal texts

There is almost always an alternative to wading through a 200 page judgement
or an Act. If I get lost after a few pages, I must stop and try to think of a better
way to approach the text. One way of doing so is to first look at the structure of
the piece. If its a long case, look ffor the headnote. If the text deals with a
particular area of law, consider reading about that area in a textbook/legal
encyclopaedia. Do not feel compelled to read from beginning to end.
Getting an overview
Try to develop a fliter to work out what is relevant. Look at the first and last
sentences of each paragraph to give myself an idea of where the piece is going.
Cases often fall within more than one area of law.
Many cases have dissent. It may be less important to read these judgements.
Hearing both sides of an argument will give me a better understand of that area
of law.
Keep asking questions
Reading furnishes the mind only with materials of knowledge; it is thinking
that makes what we read ours. John Locke
Notetaking
I have two notetaking tasks: from my reading and from notes in class. My
notetaking will be more valuable if it has focus. Am I finding information for an
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essay? Am I trying to job my memory about a case? Do I want to get a handle on

the lecturers views of a judgement? Taking notes has the following purposes:
-

It
It
It
It
It

helps me stay awake during the lecture

helps me remember and process the material as I read/hear it
gives me the basis for essay and assignment writing
forms the basis of summaries that I can use for exams
most importantly gives me a record in case I forget the material

Notetaking in lectures
Write the topic and date of the lecture up the top. I can add my own comments
to what the lecturer says. I am not allowed to write down everything they say, I
have to understand what is being said and base my notes so that it forms a
record that jogs my memory and to write down points to further my reading. Ill
probably be able to download the lecturers slides
Leave lots of space in my notes. It makes it easier to skim over them later and to
make it possible to return and add comments. I must use headings and different
levels of indentation from the margin to show how the information is grouped
into one topic.
Notes taken in class are most useful if I look at them after the class.
What to write
Dont write unnecessary information be selective about what I want to record.
Work out what is important and how I can utilise it later on.
Make a distinction between facts and law. Usually, the facts of a case are less
important than the legal principle it establishes and thus easier to remember. I
must therefore only need to write down a few details of the facts, but far more
notes on the legal significance of the case. It is the larger legal context I am
studying the principles and judgements not the case itself.
Another thing I must pay attention to is when the teacher discusses the course
structure issues that are impoirtant and what is examinable: please, take a lot
of notes when this happens.
Notetaking from reading
First things first, get down the bibliographic details. I cannot photocopy, but my
reading will be conducted through a lot of copies on my laptop. It is essential to
record details of my sources. Its a good idea to use Endnote to organise my
references. Highlight does not mean understanding.
It isnt always necessary to take notes when I read, especially if Im reading for
background/context. Notetaking can however be a learning tool. If Im reading
to collect material for an assignment, I should take notes in my own words and
that goes towards a draft. These notes are so much more useful than pages of
highlighted text in someone elses words.
Use efficient reading strategies like previewing, skimming and reading with
purpose. Read in shorter periods sometimes to stay more focused.
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I should be making efforts to become familiar with the material as the more I
know about something, the easier it is to learn. I should thus become
comfortable with the way law texts are written and the vocab of a specific legal
question.
New words
I might be tempted to stop at every word and look it up. This can be dangerous
as I can lose the thread of information and sometimes stopping will make me
lose sight of what the sentence is trying to say. A different approach is to collect
a few new words at the bottom of my page and have half an hour looking them
up if I dont want to study anymore. So, when Im reading the text, I should
continue to read: the words will become clearer as I read more of the topic.
However, if this word gets in the way of me grasping a meaning of the sentence,
then I should look it up.
To use my reading time wisely, I must read from a wide range of sources and
read often so that I become familiar with the ideas of the law and the
conventions of legal writing. This will lead to a proper understanding.
Learning and Understanding Legal Theory
Theoretical concepts can be difficult, especially when learnt all at once, or when
learning a new concept depends one my understand of a previous one. But,
these theories help lawyers and jurists organise ideas. The emphasis is on
mental work with the idea, not just crammings lots of words into my head.
Why am I learning this?
Dont just read the material and hope it will stick.
Taking Time to Explore my Study Self
Most of the assessment taks will require me to have a good mental grasp of the
material discussed. It wont be enough to memorise facts; I need to understand
ideas. Therefore I must work from my strengths and compensate for my
weaknesses in learning. This means engaging actively with my work through
questioning and evaluating. Sometimes I have to make decisions on whats
important, what I need to work on etc.
There are 4 levels of understanding:
1) Recognition you wont know the right answer when you see it
2) Understanding the middle and the beginning, but not why the judgement
came to be this is a poor understanding, but can easily be built on. If
Im at this level I just have to do some extra reading and talk the issue
over with people.
3) Explaining if you can explain something to someone else, it is a higher
level of understanding.
4) Applying concepts to a particular case the highest level of knowledge
occurs when I havent only made the accepted principles part of my own
knowledge base, but I can adopt them to new situations, or even develop
them further through mentally manipulating them.

Becoming an Active Learner

Passive ways of learning are seen in reading and re-reading the same
information over again, or writing out notes over again. I wont have time in uni
to do this.
Active learning allows me to interact with the concepts. It is also more timeefficient and allows me to think creatively about the material. At uni there isnt
always one correct answer; my task will be to analyse and evaluate different
applications in specific instances. Active learning will stimulate me ability to do
this as it encourages analytical and creative thinking.
Active learning strategies that work for me are:
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Flow-charts in comparison to lists.

Diagrams of a case. If I have to read over facts lots, I may as well create a
diagram to restimulate my mind. This is like in Judge Judy where they
show motor vehicle accidents visually rather than just explaining or in
conjunction with.
Paragraphing replaced with dot-points, which can help with exam prep
Debating
Rewriting complex language into regular words
Ask questions on sections of material
Summarising cases or concepts that are difficult
Analytical brainstorming first 5 minutes listing good parts of a legal
theory and then five minutes finding positives from a different theory

Ideas for Collaborative Learning

Collaborative learning will help me discuss concepts and different points of
view, including my own.
Taking Advantage of my Memory
Motivation, relation, organisation and visualisation!
Interesting things are easy to remember. I have to make them interesting. If I
am motivated, then I will remember thing easier. If I find out why the judgement
was made, but find interesting how it is used in other decisions as a precedent,
then I will learn it easier.
Understanding is also key. I should not necessarily be able to rattle off the
details of a case like my times tables, I should understand how the numbers are
related to each other #metaphor. I need to develop a context and structure so I
can see how the details fit in.
I should notice the organisation of stuff so I can recall the parts that contribute
to that system. I can remember things that are categorised because patterns
are easier to remember. I must thus be able to organise the info to aid memory.
Linking will also help me remember. If I cant notice an overall pattern, I could
try and find a similarity to a case I already know. Associating one thing with
another is a great way to recall.

Another memory aiding activity is being able to visualise something as a 3D

image. If the facts of the case can turn into a narrative in my head, I will be able
to remember the details easier.

Part II Understanding Law

5 Crucial Concepts
I must use a good legal dictionary as a reference tool. Refer to source lists.

6 Reading Case Law

Dont spend an hour reading a judgement from beginning to end and get
nothing out of it. This is a common problem for law students. The next shit will
help my retention when I read:
Before I Read
Consider the cases that form an area of law and their significance. I have to find
the context of each, why the case is important, why is it on the reading list. Use
these categories to divide cases up:
-

Foundation cases which make a major change to the law or establish a

new doctrine. I.e. Donoghue v Stevenson (1932) which formed the
neighbour principle on which negligence is founded.
Frontier cases foundational decisions are dependent on the
circumstances of the case and cant always set out guidelines that will
cover future scenarios. Subsequent cases must therefore map out in an
incremental way the detail of a new doctrine.
Example cases applies doctrine to new fact situations. Theyre
important as an example of how to approach new scenarios.
Supporting cases some cases can be used by a court to reaffirm a
doctrine. This gives authority to a case

After Some Pages

You are not allowed to approach case law like a literary text. These are not
written for artistic purpose, but to solely justify a decision relating to the
circumstances of a case and, frequently, to make general points on a disputed
area of law. They are built to be picked apart and have relevant principles.
It is therefore absolutely necessary for me to ask myself questions: be analytical
about the relevance and significance of what Im reading. Its almost impossible
to read a long case and make sense of it all.
What am I looking for?
Again, you read judgements for 4 reasons:
-

To understand better the area of law under consideration

To find out what the case adds to the law
To know the relative importance of the case
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To become familiar with the process of judicial reasoning

Dont expect to understand fully an area of law with which Im not familiar just
keep in mind what I am looking for.
Read the Headnote
It doesnt form part of the case and isnt binding. I cant cite a headnote. But, it
will provide a decent summary of the facts and will breakdown their reasoning.
If theres more than one judge, find the judges that form the majority to find the
cases ratio decidendi. The judgements are usually printed in order of seniority
rather than a logical sequence.
Understand
If the headnote doesnt give me a good picture, skim through the judgements
for an outline of the material facts. These show its significance may be
restricted to particular circumstances. Also, if the case is an appeal, be careful
of the parties (i.e. Darby v DPP).
Knowing Legal History
If the headnote doesnt inform me of the history, skim the opening of the
judgement to find who won previously.
Find out the Ending
Look at the headnote to find the end of each judgement, from the orders at each
judgement, and the order at the end of the last judgement. Make note of the
dissenting judges.
Skim, Read, Note and Review
Now I know what the judgement is, I have to read for some detail.
-

Skim skim the judgements so I know what parts are important for my
purposes, and the stages a judge reaches on the way to their decision
Read and think simultaneously I must think how the paragraph fits
into the conclusion a judge is making and how the paragraph compare to
my understanding of an area of law. This is beyond the simple what does
this shit mean?
Take notes No one wants you to memorise the facts of a case, I should
simply be familiar with them. My notes should let me recall the facts and
legal principles. I shouldnt compile reams of five-page case summaries. It
would take forever and wouldnt help my understanding.
Reviewing after reading the judgement, I should skim back over the
text and over the headnote to see if it reflects the content. Make some
more notes about my impression of the legal importance of the case and
compare it to a textbook.

All of this should lead to the sample notes of:

-

Name of case
Year and court
Brief statement of the facts
Legal history
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Judicial reasoning
Result and order

This asks the who, what, where, how and why questions and is like a page:
Name of case
Year and court
Brief statement of the facts

Legal history

Judicial reasoning

Result an order

Chapman v Hearse
1961, HC
Def/App/Chapman negligently hit E
Dr Cherry tending to Def on road
negligently hit and killed by
Pl/Resp/Hearse
Cherry dependants won action
(Wrongs Act) v Hearse who sued
Chapman (wrongs Act) for
contribution
Hearse won at lower courts, Chapman
appealing
Duty
The injury to a class of persons inc
Good Samaritans is reasonably
forseeable as consequence of
collision.
Policy is to encourage rescuers/heroes
Not necessary to foresee the exact
sequence of events leading to harm
Causation
Whether an intervening act severs the
casual connection is a matter of
circumstance and degree;
Cannot exclude acts from what is
reasonably foreseeable solely on the
ground that they were wrongful
For the PL/RESP/HEARSE
Chapman must pay of Hearses
damages owing to Cherry dependants

7 Introducing Legal Theory

What Theory Is
We use theories of law to move from thinking about what the law is, to
considering what the law is what it is. Theories will help me analyse the value
and belief systems that support our understanding of the law. I shant become
too bogged down in different intricate rules as this can hinder my overall
understanding.
How Much Should I Know?
Introduction to Perspectives
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In most legal theory courses I wont be expected to understand completely the

complex debates from legal theorists. Their aim is, rather, to:
-

Introduce me to some of the ongoing debates important from studying

law and
To enable me to engage critically with some different perspectives that
inform these debates, in conjunction with my own views.

Rather than looking for the right answer, I need to think of how different
perspectives are argued what points of law or theory are they based on?
Some Levels of Analysis
Breaking down Theory
Think of what the theory is trying to do. Different theories aim at understanding
different aspects of the law; they attempt to explain what the law means, what it
is and what it is/should be doing for society. Legal theories could be divided into
three sections:
-

Theories that consider the concrete workings of the law. Does our
abstract notion of justice accord with the reality of the way the law
operates?
Theories that seek to understand the function of the law. What is the
basis of this notion of justice?
Theories that challenge the idea of law in itself. On what basis do we
assume the objectivity and impartiality of the law? Is the law trying to
achieve justice, or does it have an alternate aim?

The Concrete Workings of the Law

Empirical studies (real working) are often used to demonstrate that claims of
equality before the law arent matched in reality. This is a challenge to the
theory behind law. Examples include Aboriginal Australians and their rates of
imprisonment, women etc. Some theorists argue that other studies of the
significance of race, sexuality; intellect, disability etc. show the law doesnt
treat people equally. This reality is something that the current legal framework
operates within.
The Functions of Law
Most legal theories fir into one of two groups depending on whether they view
this relationship between the one and the many as consensual or conflictual.
-

Do people basically get along? Or

Is society a restraint on the individual, protecting them from anarchy?

The relationship between individuals and society is liberalism which argues te

role of law should be minimal and directed towards enforcing bargains and
protecting individuals from the state. It is also possible to contrast liberalism
with the possibility of a plurality of legal systems, like the inclusion of
Aboriginal customary law.
Is the law reactive or progressive?
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Alternative methodologies include comparative law (comparing our legal system

with others), functionalism (whether law merely fills a role in society), and law
and economics (which views the role of law as reflecting the principles of supply
and demand aimed at wealth maximisation).
Critiquing the Law Itself
This level of thinking considers fundamental perspectives. We want to think of
looking at the way in which the law works, and the function that the law serves,
to consider how it is that we have come to think of law and law. For example,
the existence of certain rights, justice etc. To deduce the answer, I have to
understand the critiques
Critiquing the Law at a Substantive Level
The false claims to the universality of the law reveal flaws in its claims for
justice, and also reveals values and prejudices within the idea of the law itself.
I.e. Marxism and various schools of feminism (difference/standpoint feminism,
radical feminism, liberal feminism and postructural/pomo feminism).
Critiquing the Law at a Theoretical Level
At a more theoretical level, other approaches looks more generally at the claims
of law to objectivity, which is integral to the way in which the system operates
philosophically. Critical Legal Studies directly challenges laws claims to
objectivity and is linked with Marist critiques of its substantive provisions. Pomo
and poststructuralism refer to broader theoretical approaches that are critical
claims to objective: this challenges legal discourse. What if the individual
subject of the law isnt unitary, but fractured? What about the power of the law
system? These challenges transform law into a site of contestation.
Applying the Theories
Where do I stand?
To learn these theories effectively is to apply them to myself. Which level of
analysis is the most helpful in understanding the law? Which approach best
reflects the way the law operates? I dont have to confine myself to one
perspective either. I may find different parts of different theoretical approaches
helpful in different areas of law. Some areas I should consider are:
-

Theories of judicial decision-making

Questions of law reform
Legal education how the law is taught and what perspectives are
emphasised.

More Study Hints

1. Think in terms of themes
The only way to better understand these theories is to engage with them. I
should not only read the texts, but while I am reading, I should think about
them and look for points in common. I can start by thinking about each theory
and each text in terms of the themes. Ask myself this:

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At what level is the author/judge approaching the question?

What approach are they advocating?

I have to take notes while I read, but remember that although summaries of
articles can be useful, it is better to have a broad understanding of each area of
the course. If Im studying for an exam, I should prepare brief notes with issues
raised under each heading of the course. Use my reading guide to make sure I
have covered everything. (Chapter 9 has shit on exam prep)
2. Talk about the themes
In classes and in informal study groups/collab learning. Dont just swap notes
with people, but find their perspectives.
3. Chill
Most legal theory exams and many essays arent meant to be reflective. Im not
always required to show my understanding of all of the legal philosophy
touched on in the course, but I need to show that I have:
-

Done (most of) the reading

Though about the course, and
Gained a basic understanding of the historical and philosophical
underpinnings of the legal system, and some of the critiques of those
underpinnings.

Part III Using the Law

8 Writing Law Essays
Being unaccustomed to the subject matter and style, I will find particular
difficulties. To find legal research methods, I must go to my law librarians!
Essay Writing: The Basics
At uni, my essays must have structure a recognisable intro, main body and
conclusion with the conclusion matching the intro. This all must be very well
organised and presented logically with my interpretations of both the topic and
readings, and the relevance of the readings to the proposition under discussion.
Also, I have to clearly distinguish between the opinions of the author and of
myself.
Edit! My first draft will not meet all the marking criteria. Try at least two drafts.
I need to edit to: know if the ideas hold together; if my argument has clarity;
help with referencing conventions; for spelling and shit; and presentation. Reread once for argument, once for spelling etc.
Research for My Essay
The greatest problems many law students face is details. Its easy to wade
through a long and complex judgement or heady articles, losing sight of what it
all means in terms of the end product (not seeing the forest for the trees).When
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I prep for an essay, its important to structure my approach to the subject

matter as it is to structure the words I write if Im unfamiliar with an area of
law, opening the latest HC judgement isnt a great idea. Judges dont write to
simplify an area of law; their main objective is just to justify a decision. Also, a
journal article may not provide the best intro to a topic as the author is
presenting their particular view on the topic rather than explaining the topic
itself. Consider reading the text that is designed to provide an overview like
textbook or a legal encyclopaedia.
I can approach my own research by dividing it into three stages: gaining an
overview, focusing on the topic, and looking at primary sources to find the
supporting details. Start simply and broadly, gradually narrowing-in the detail I
will discuss. This approach wont suit all essays though.
As I read, be careful to take notes of everything, my response to it, and how I
think it could fit into my essay (even if I dont know how it is going to look).
Overview textbooks and encyclopaedias
In the overview stage, my aim is to get a broad understanding of the particular
area. Its best achieved by looking at a variety of sources. These include:
-

Textbook look at how the textbook deals with the subject first rather
than reading the cases immediately the textbook may only spend a few
pages on the topics, but it will give me context from which I can begin indepth reading. Textbooks and casebooks are different! Casebooks give me
excerpts of other materials and are less helpful in providing a summary of
an area of law. It is my task to identify the principles through my reading.
It is also precisely the simplicity of textbooks that limit their use. Do not
refer to my textbook in my final essay if theres another source of
authority (like a case).
Other textbooks look at the brief discussion of my topic in other
textbooks in the library (the best are usually in the reserve section). I
only need to skim the text if its saying stuff I know, but it will help me
gain a sense of common ways of dealing with the subject.
Legal encyclopaedias (The Laws of Australia or Halsburys Laws of
Australia) these are a useful source of general information. They
attempt to simplify the law though in this case for practitioners more
than students. Loose-leaf encyclopaedias are also useful as they will be
more up-to-date than textbooks.

Focus journal articles, law reform commission reports

The overview stage will have been helpful in identifying issues and key words
that will make research easier. At this stage, my plan should be growing
detailed. Using key words and synonyms, search for articles on databases like
Casebase (and make sure I know how everything works in the library first).
Limit or expand my research until I have found a few key articles that I will
read. Keep a list of the articles that may be relevant, and rank them in terms of
importance. Many of the articles appear in the US law reviews. On lots of
topics, these will be less relevant than ones in Australia, UK, Canada and NZ.
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When reading these articles, begin with the most recent as it will probably refer
to earlier works. Dont forget to read the footnotes of the articles as they can
refer me to other works.
Detail primary materials (cases, legislation, reports)
Once Ive mapped out the broad area of my inquiry and developed a basic
understanding of some of the issues it raises, I should start looking at the
primary materials. These will usually form the central core of the substantive
legal research of my essay. Delaying them until this stage will focus my reading
on their importance to me.
If Im looking at case law, I should be aware of the major cases in the area Im
considering and how some commentators view them. As with journal articles,
rank the cases I want to look at in terms of their importance and look at them in
that order.
Skimming the headnote of a case will help me establish its relevance. Many
cases deal with a variety of issues and only a few may be of interest to me.
Also, consider skimming a digest like the Australian Legal Digest. These
publications present brief summaries of cases and are useful if I have a long list
of cases to consider. This will save time looking for cases whilst directing me to
other cases on the same subject. This is also an opportunity to further update
my work by using the Australian Legal Monthly Digest (go to chapter 6 for
Reading Case Law)
Writing My Essay
Planning and drafting
Planning my essay and writing the first draft usually follow research. At this
point I should have collected the info and formulated a POV about the topic. I
must now present the material in such a way that both the evidence (info I have
collected in my research) and argument (perspective I am bringing) are clear to
the reader. I therefore need a good framework and a logical structure for all of
this material.
When Im more experienced, I may begin writing while researching, but it may
take me some time to be able to do this. When I am planning an essay draft,
identify a suitable structure and write the essay in draft sections. Its a good
idea to write sections of the main body first. While writing essays for law is
similar to other essays, the most important difference that is sometimes
problematic for law students is the use of authority and the footnoting.\
Citing Authority
There are four main reasons I need to cite authority: to show my discussion is
based on others ideas; to support a proposition of my own; to relate my work to
existing scholarship; and to qualify statements in the text. This is how its done:
Support for a Proposition

17

The most important and specifically legal use of citation is in justifying a

statement on the law. If I write that the courts have traditionally not imposed a
legal duty to rescue, I should cite a case that states this principle of law. I
should cite the more authoritative case in point. This will mean the most recent
HC authority, which should be cited first. Other cases and secondary materials
(books etc.)
be cites
EX: may
Authority
forafterwards.
a propostion Courts will not generally
recognise a duty to rescues. 3
3 Jaensch v Coffey (1984) 155 CLR 549, 578 (Deane J). See
also Hargrave v Goldman (1963) 11-CLR 40, 65-6
(Windeyer J); Dorset Yacht Co Ltd v Home Office [1970] AC
1004, 1060 (Lord Diplock)
Relating My Work to Existing Scholarship
Another legal convention with its origins perhaps in US law reviews is to use
footnotes simply to position my essay in relation to the existing scholarship.
Rather than acknowledging he contribution of these articles to my own, the
purpose is to simply show Im aware of them.
Using footnotes is often criticised as adding nothing to the essay. If Im worried
my footnotes look shit or dont reflect the amount of research I have done, I may
want to consider seeing if it would be appropriate to refer to stuff I have read at
a point in my essay where I discuss a similar point, and use the cf introductory
symbol (info on this is down below).
Qualifying Statements in the Text
Finally, footnotes can be used to briefly qualify broad statements in the text.
This doesnt mean I can cut from the text and paste it into the footnotes and the
marker isnt dumb, its to try and change the word count. The basic rule is that I
should be able to read the essay without having to refer to the footnoting. If it
doesnt make sense without the footnotes youre fucked. Dont rely on the
reader bouncing back and forth from the footnotes to the essay.
Using Footnotes
Must be succinct, consistent and clear. Uniformity and ease of retrieval are key.
The following shows three aspects of footnoting:
-

The introductory signal that indicates their uses

Basic methods of citation for commonly used materials, and
Multiple references to the same work

Introductory Signals see, cf, contra

These indicate the way in which Im using the footnote. Where a reference is a
direct authority (whether to acknowledge an idea, or to support a proposition of
law), there is no need to use a signal. Where a reference is used as more
general support for an argument, see or see, e.g. should be used. Where a
work is included for additional or background material, see generally should
be use.
18

When Im comparing my ideas with other works, cf (confer: compare with)

should be used. The work being cited is not authority for the proposition or
argument, but provides a useful comparison. When Im contradicting another
work, contra should be used. Use it if I disagree with the author/judge.
Basic Citation Methods
This is the Australian Guide to Legal Citation(AGLC) by the Melbourne Uni Law
Review Reform.
i.

ii.

iii.
iv.

v.

vi.

vii.

Cases
a. Commonwealth v Tasmania (1983) 158 CLR 1 (Dams Case).
b. Thwaites v Ryan [1984] VR 65. Dams Case (1983) 158 CLR 1, 35.
i. The square brackets are used for law reports in which the
year indicates the volume being cited! Round brackets are
used where the year isnt an integral part of the citation.
Periodicals
a. Sir Anthony Mason, A Bill of Rights for Australia? (1989) 5
Australian Bar Review 79, 81.
b. Rosemary Mnoonkin and Leone Kornhauser, Bargaining in the
Shadow of the Law: The Case of Divorce (1979) 88 Yale Law
Journal 950.
Books
a. Jurgen Habermas, Toward a Rational Society (1971) 45.
Statutes and the Constitution
a. Australia Act 1986 (Cth).
b. Trustee Act 1928 (Vic) s 10.
c. Australian Constitution s 51 (xxix).
Newspapers
a. Pamela Smith, Allende Had It Coming, The Sun (Sydney), 30
March 1974, 4.
b. Editorial, The Cost of Democracy, The Age (Melbourne), 18 July
1993.
Official papers, parliamentary debates
a. Victoria, Parliamentary Debates, Legislative Assembly, 23 October
1968, 1197.
b. Commonwealth, Hansard, House of Representatives, 1 June 1977,
2294-5.
c. Australian Law Reform Commission, Sentencing: Penalties,
Discussion Paper No 30 (1987) para 286.
Other references
a. I need to look at my style guide for this crap. In all cases I have to
remember that uniformity and ease of retrieval are the goals.

Multiple References to the Same Work

A citation should not be repeated in full.
i.
ii.

Ibid
Above n x

Other times references other than cases may be cited by the authors name, and
a reference to the footnote with the full citation. I.e:
19

10 Habermas, above n 7,
74.
11 Ibid.
12 Mabo (1992) 175 CLR
1, 69.
13 Habermas, above n 7,
Hints
110.
To help with the referencing process, keep a list of the complete sitations Im
using. Then next to them write a list of abbreviations.
HAB71
MABO92

Jurgen Habermas, Toward a Rational Society (1971)

You get the point

Write these abbreviations when I need to reference, and then go through and
replace all of them. Then, use the right form of citation for multiple references.
Endnote will make sure that when Im cross-referencing I dont have to
manually change each time I put in a footnote: it will do so automatically. I have
to really learn how to learn that shit though tbh.

9 Preparing for Law Exams

Studying for open book law exams is completely different to any other subject.
Whats Being Tested?
Understanding, Reasoning and Evaluating
The purpose of a law exam is not to test if I have memorised the law, but that I
understand it. This is why they have open book exams not to test my memory,
but to test my ability to pick relevant issues and apply legal principles Ive
studied. I dont have to know what cases are important, which doctrine is
favoured etc. In general the most difficult aspect of a law exam is figuring how
to apply these cases and doctrines to new circumstances like hypotheticals.
Thus, a crucial step in prep is developing a familiarity with the material being
studied, and an understanding of how the individual cases fit together in the
area of law being studied. Once I have a basic understanding of the subject
material, I must then demonstrate reason, using the case law and legislation,
and evaluate the likely outcome in particular circumstances.
The following shows how to approach open books exams and preparing exam
friendly notes.
Open Book Exams
Making My Notes Count

20

Open book = anything short of a computer database or phone. However,

bringing heaps of shit in will just waste your own time in the exam. However,
theres no harm in taking in things like notes, summaries, texts, casebooks etc.,
but I shouldnt expect to be looking at much of it. During the year I should be
focusing on preparing notes that are useful.
This doesnt merely mean summaries. The whole point of an open book exam is
that they enable me to do much of the work before entering. I should be
preparing brief and concise notes on the doctrines being tested. Beware of:
-

Doing no work. I cant rely exclusively on someone elses notes. Notes

cant encapsulate all necessary info. Good notes are intended to jog my
memory, to draw my mind to other connections. Making notes involves
thinking, synthesising, analysing and evaluation. Notes are therefore very
personal. It may be useful to borrow someone elses notes to see how
they have condensed the course.
Doing too much busy work. I should resist the temptation of preparing
endless summaries. Summarise the coursed as much as I think is
necessary. In the exam, 10 pages is better than 100. My notes also wont
be of any use if I cannot find them quickly in an exam. I need to be
familiar with my material and be able to access info from any relevant ss.

A system that works is to have longer notes accompanied with a summary with
brief statements of the law and relevant cases with references to the page
numbers in my detailed notes. I can also colour code related summaries and
detailed notes, or use sticky notes. I can include brief critical comments on the
law that I am applying. I may wish to incorporate 1-2 sentence comments in my
notes that could provide the basis for such a critique without slowing me in the
exam.
Exam-Friendly Notes
Case summaries are useful for learning, but not in an exam. Concentrating on
just the facts is not that helpful. In prep I need to remember that their purpose
isnt to just remind me of the facts of the case, but to enable me to apply
principles of law to new circumstances.
Translating Historical Knowledge into Instrumental Knowledge
One of the first tasks in exam prep is the process of translating my historical
understanding of cases (what happened, what the judges said) into instrumental
knowledge. I have to turn fact-specific law into principles able to be applied
generally.
i.e. in Donoghue v Stevenson the snail is not important, nor is the manufacturer
having to pay for the injureds gastro. Instead I should understand this
established the neighbour principle, by which negligence was extended as a
cause of action applicable not only to those with whom one has a contractual or
direct relationship, but to those persons who are so closely and directly
affected by your actions that you ought to have them in your contemplation.

21

Getting and Overview

Exams are favoured because they force people to develop an overview of the
course. i.e. to do well in negligence, I must understand the function that
negligence serves and how each part (duty, breach, causation/remoteness and
damages) fit together. The tort of negligence may appear merely to be a
steeplechase, but its separate parts serve distinct functions.
I.e. duty is in part a threshold test for a negligence action, but it also represents
the extent to which the law is prepared to hold people accountable. The
question of who is my neighbour? is thus answered by resolving the tension
between foreseeability and proximity, with policy operating as a check on this
tension.
Foreseeability

Proximity

The potential for

harm to others

Restricted
by

Limits on individual
responsiblity

Policy
A check on this tension (e.g.
where recognition of a duty
would sanction criminal
behaviour or undermine the
integrity of the judicial
process)
Thinking of the course broadly like this can be crucial to making sense of what I
am doing. Once I can see the big picture (negligence as a regime of fault-based
loss-shifting, as well as a normative regime of individual responsibility) then the
individual pieces make more sense.
State Large, Then Sharpen the Focus
In answering a hypothetical, I should start with the issues to be considered and
the legal principles that are important, before dealing in detail with specific
problems that arise in the case. I cant simply approach all problems in the
same way. My notes should thus enable me to see the big picture and allow me
to move easily between issues. Examples notes =
Duty of Care
ETC!

Any binding precedent/accepted position?

If not, apply Deanes 3-stage test:
Foreseeability of some kind of harm to pl or class of
persons including pl if def fails to take care
so closely and directly affected Donoghue (1932,
HL)
Proximity: a limit on liability, class of plaintiffs
Physical, circumstantial, or casual
Developed in Jaensch, adopted in Cook, used (by all
22
except Dawson J) in Gala

Training
Timed Writing
Timed writing using past papers. Write full, detailed answers to some questions
to make sure of the extent of my understanding of the topic. I can then practise
answering the same question in the allotted time.
Fit for the Test
Train yourself to be mentally alert. And dont fatigue yourself senselessly.
Any Little Time is Good
Make use of small amounts of time. Repeated small sessions with my notes can
be just as effective as long hours at the desk. Doing a little bit allows me to
become familiar with the material and familiarity with the notes will be my most
valuable asset in an open book exam.
Keep in Mind the Natural Law
Exams come quicker than I think. Swot vac and the end of the semester are no
time to be a perfectionist. I need to make the best of where I am. Concentrate
on what I know and build my knowledge from there.
Learning to Use the Law
Studying law is ultimately about learning how to use it. This means I need to
identify relevant issues, apply old principles to new facts, and reason legally.
Points I should keep in mind:
-

Prep notes that are exam-friendly! This generally means a brief summary
accompanied by detailed notes on particular areas of the course.
Get an overview of the course. Its easier to apply law to particular
circumstances or hypothetical cases if I understand the broader social
purposes it serves.

Most work is done before the exam. To check how Im going, I need to practice
using the law. This means:
-

Sitting practice exams. Talk over the answers or get someone to mark it.
If I cant, its still worth it to see how to allocate time to work on different
areas of the course.
Do practical problems. I will do some in class, but others may be found in
the textbooks from my library.
Think critically about the cases I read. There isnt a great deal of
difference between the judge making a ruling in a case and a student

23

doing a hypothetical. Consider how judges approach novel problems in

law.

10 Sitting Law Exams

Although open book exams with hypothetical cases are integral, there are also
law exams that ask you to answer essay questions.
Divide and Conquer
The exam can be divided into four stages:
-

Issues stage: reading time

Planning stage: basic format
Structuring stage: using the law
Writing stage: answers that attract marks

The Issues Stage: Reading Time

Facts, Issues and Cases
This stage I where I have to think of how to approach a hypothetical problem in
an exam question. I basically understand what the course is about, I have my
notes, and now I am confronted with a new facts situation.
The Exam as a Whole
It will often start 30 min before the exam commences. I should already know
what the format of the exam is (how many ss, how many questions from each s,
whether they are hypotheticals, essays), but use the first minute to check that I
know exactly what is required of me. Getting a decent mark is difficult
I should go in with a clear idea of how much time I have on each question.
Rather than allocating specific amount of time to each question, write down the
exact timeframe for each question. If I have a choice of question, choose
quickly! Do the one I think I will go best in first.
It is vital I answer all of the required questions. It will always be easier to get
the first half of the allocated marks than it will the second.
Read the Question
I should consider this time the issues stage, where I am mentally preparing an
answer. Look for the issues that arise from the facts the facts are a story to
put the legal positions and consequences into context. Read each sentence and
ask what issue is raised. Mark the issues in the margin or on a separate sheet.
Do this as ideas hit me as they may not on a second reading.
As I read the facts think of other cases I have read/discussed during the year.
Different points in hypotheticals will often relate closely to cases studied in the
course. Write the name of the cases are I read the problem.
Watch out for clues and beware of jumping quickly on an idea. If the facts state
A, using all due care, carried B to the hospital, I dont have to discuss As

24

liability in negligence for injuries to B as a result of this act, or I could say why I
dont need to do so.
Pause and look over the question to allow myself to digest the facts. Then come
back to the first question and plan my answer.
The Planning Stage: The Basic Format
Who, what, how?
A basic structure for planning my answer to a legal problem is to ask three
questions: who are the disputing parties? What do they want? How could they
get what they want using the law I have studied? This is the planning stage of
my answer and will take place in reading
Who Are the Parties?
Identifying parties is a threshold stage. Suspect everyone. Each person
discussed is a possible victim or defendant, or perhaps a mere device to
complete the story. Read the problem with this in mind. Make a list of everyone
who has suffered injury in the hypothetical and see which of the other parties
could be help legally responsible for that injury. Re-read the question. If I am
told to discuss only the liability of one defendant, or the civil action of one
plaintiff, dont waste time on other shit. Be careful where one party is an
employee or agent of another. Similarly, watch for restrictions on the actions to
be discussed, or even on the issues to be considered within an action.
Example: Negligence
Be careful in situations where a person may be action for an employer.
Consider the possibility that an injured plaintiff could sue
-

The individual who caused the injury

The employer vicariously and/or
The employer directly under a direct non-delegable duty)
Derek (employee) vicariously

Acme Ltd (employer)

P (injured
Acme (employer) [sued directly for breach of non-delegable
duty]
What Do They Want?
While planning think of what the injured want. Sometimes it will be basic like a
common law action i.e. negligence where the only remedy is damages, or in an
indictable. In contract, damages or specific performance may be an option
(although specific performance is discretionary). Other situations may be more
complex like
this property
Ex: Property
Law law ex:
In Property Law, a variety of remedies may be possible
arising from a dispute over land, inc:
-

A legal interest in the land

An equitable interest in25
the land, such as a
constructive trust
Compensation under s110 of the Transfer of Land
Act

How Can They Get It?

Consider all possible causes of action. Even if something seems cray, its worth
raising cause of action even if I dismiss it immediately.in a negligence action,
watch for any breach of statutory duty action that could be run on the
alternative and look at all the possible defendants to each action. Watch for
the statutory actions or limitations on common law claims.
Ex: Constitutional and Administrative Law
Always watch out for casus that can involve both
constitutional and administrative issues. i.e. if a State Act
requires newspaper proprietors to pay a licence fee and they
are denied a licence, what they want is not quite to have the
legislation struck down they want to just run their
business. This can be achieved in 2 ways:
-

Ensuring they get a licence under the Act maybe

through an administrative law action if there has been
any impropriety and/oir
- Removing the need for a licence here considering
possibility
of striking
down
the Act, perhaps
ascauses
its
Also note that if the
I have
a number
of possible
defendants
to similar
of
an
excise
(Consitution,
s90)
action, I can write in relation to B as for the action against A with the following
differences. This can be repeated for C and so on. The same applies to
problems with multiple plaintiffs.
The Structuring Stage: Using the Law
Issues, Tests and Alternatives
The last stage in planning is finalising the issues to discuss under the cause(s)
of actions I have found against the defendant: this is the structuring stage.
From the focused reading of the question, I should have identified most of the
issues, but always look for a new issue that can lead up at me as I work through
my answer.
Structure my answer logically. If Im arguing in the alternative, make this clear
and use headings to break up my answer. Using headings also makes my
structure easier to follow, and removes the need for me to waste time writing
connecting phrases like I will now discuss yada yada.
Also, keep the following points in mind:
-

Whats the precise act/omission the plaintiff is saying was wrongful? Note
that there may be more than one, or different wrongful acts/omissions for
different defendants. What are the casual connections between each of
the allegedly wrongful acts and the harm suffered?

26

What tests will establish the Ds liability for the alleged wrongful act? Use
my notes to determine what the plaintiff will have to prove in order to
obtain their remedy against the defendant.
Whats the effect if a test isnt satisfied? If a plaintiff cant satisfy one of
the tests, will this mean their action fails? (normally argue in the
alternative if it does). Or is there another argument she can make?
A key skill in answering a hypothetical is knowing how much time to
spend on each issues. Reading the problem as a whole should give me an
idea of the issues that need addressing.
Are there any defences available for D?

The Writing Stage: Answers That Attract Marks

Issues, Principles and the Facts
Be wary of discussing the law too much in a hypothetical. My reasoning skills
are being tested, not my memory or storytelling, and thus theres no point
wasting time discussing the history of the cause of action being used.
Avoid quoting lots. Normally only a few words need to be cited. Also, I shouldnt
paraphrase much of the cases Im discussing: what is being tested is the
application of the principles, not my ability to describe the case.
Try not to think of this as an essay it is like a maths problem with commentary.
This is the basic structure for answering a hypothetical:
Who is suing whom in what area of law?
What are the main issues to discuss? List the major hurdles to proving the
cause of action, then discuss them in a logical order:
Issues 1: What is the relevant principle (or the appropriate test)? A brief
statement in the abstract as to the broad position of the law, perhaps applied
directly to the facts. (Cite the leading case as authority in brackets).
Do the facts show that the plaintiff clearly falls inside or outside the principle?
Apply the facts to the principle/test I have identified.
If the plaintiff clearly falls inside the test, move on to more interesting (i.e.
valuable) issues/
If the answer is less clear what would need to be argued in order to resolve
the issue? Is there any other authority that would assist either party? State
briefly what the plaintiff would argue. Discuss how the defendant would
respond:
A would argue that it wasnt far-fetched or fanciful (Wyong) that in
response, B would question what ought to have been foreseen at that time,
bearing in mind the lack of any industry-wide knowledge of the risk (Roe).

27

Remember that some questions will require greater depth on particular issues.
Exam Paragraphs Are They Helpful?
Its often possible to prep exam paragraphs that are concise statements of the
law or a test that is applicable any time I discuss the issue. Beware of using
exam paragraphs as a substitute for thinking. Using sentences from paragraphs
I have prepared from last years papers (often available on reserve in the
library) without
careful consideration
Ex: Negligence
basic plan may cause me to bypass important issues.
In order to succeed in a negligence action, (P) must est that
(i)
(ii)
(iii)

A duty of care was owed to her by (D);

That (D) breached that duty by ;
That the breach in so far as it was wrongful caused
(Ps damage) which was not too remote; and
Note however
itsdefences
usually better
toto
introduce
the issues and demonstrate a
(iv)thatNo
operate
assist (D).
v good understanding of the problem from the outset as this shows:
Ex: Negligence a sophisticated plan
Of the 3 elements required to prove a negligence action (duty,
breach, casuation: Jaensch), Ps greatest hurdle will be to est
that
(i)
(ii)

D failed to take the precautions expected of a

reasonable person (breach); and that
As actions dont sever the casual chain (March)
connecting Ds act and Ps injury.

Duty of care is non-problematic clearly coming within Deanes

test in Jaensch.
Exam paragraphs can be useful in a contested area of law as they can help me
to think of the issues. Whenever a teacher/textbook highlights an area of law as
uncertain I should prep myself for a question on precisely that area. An ex is:
Ex: Contract silence as a misrepresentation
Even mere silence may amount to a misrepresentation if the silence is
intention: Henjo
Silence was not enough to invoke s52 in Rhone-Poulenc (1986 Fed Ct FC), the
distinction appearing to be that a deliberate decision to remain silent is
required. Clearly, where this amounts to a positive act it is misleading
conduct in the sense of the Act, or may be unconscionable within the
meaning of Part IVA of the TPA.
The Fed Ct FC followed this line of reasoning in Henjo (1988) where it held
that the failure to inform a buyer that current profits were dependent on
Filling in the Gaps
breaking liquor licencing regulations was misleading conduct.
Chill
The application of s52 to silence doesnt depend on the existence of a
particular relationship (as does common law misrep) but rather is determined
by reference to all the circs of the case28(Henjo).

Note that this s of the notes is broken into parts which may be used separately.
This is important as the amount I write will depend on how important the issue
is to the problem.
I may also want to use this technique to introduce brief critical comments on
the law Im applying (like discussing the gendered nature of the reasonable
man/person test in negligence). These should be brief, as I am being tested on
my application of the doctrine, but occasionally policy arguments will be of
greater importance (like dealing with the question of whether proximity is more
than a mask for policy).
Filling in the Gaps
A good exam will force me to think creatively about the law Ive studied. This
often means Ill be confronted with the issues I may not expect, or dont know
how to relate to what Ive studied.
In these situations dont freak. Keep these in mind:
-

Trust the reading guide: the exam is designed to test only what I have
studied in the course be confident that something I have looked at will
be relevant.
Trust examiners: they rarely introduce red herringsmore often than not
something which appears ridic is just a new way of looking at an old
problem. (This is particularly true of property law with the variety of
interests that may be discussed in an exam).
Trust myself: if I feel lost, reduce the facts to the most basic principles of
the area of law addressed by the questionrelate them to the policy that
lies behind the doctrine and discuss the issues from such first principles.

Write quickly but dont waffle. Will they be ticking the sentence I just did? Or
am I just filling the page with shit that doesnt demonstrate how well I know the
principles of the law?
Chill
Sit practice exams. No amount of reading or notetaking can compare to sitting
the exam identifying issues, planning an answering and structuring a discussion
of the law as it relates to a given facts situation.
Talk over stuff with classmates, write an answer on my own without and then
with time constraints. It will help me allot appropriate time for each aspect.
Remember to think: What issues are raised in the facts situation? What are the
legal implications of this sentence? Try to recall cases dealing with similar facts
(there will always be distinguishing fts though). Who are the parties, what do
they want, how can they get it? How should I plan my answer? Am I asked to
Advise yada or Discuss the issues? remember to discuss both sides (always
the third person and using the parties names).
How do we determine whether the parties achieve these ends? What tests will
determine liability? How do the facts compare with the principles? How do the
facts compare with similar facts in other cases?
29

How can the law be applied to the facts? What are the main issues to be
discussed? How do the facts relate to the principles and issues I have identified
as important? Has my written answer demonstrated my ability to consider and
apply the law to this given facts situation?

11 Dealing with Problems

Apathy
- Set clear short-term goals: micro-ambition
- Set a timeframe
- Reward myself for completing a task
- Break up my tasks
- Stop procrastinating
- Refocus on the long view
- Do study with friends
- Make progress, not excuses
Sudden Exams
- Make a study timetable for the remaining time so I know I can cover
everything
- Focus on my current level of knowledge to get through the subject
- Make rational sacrifices. If I wont ever understand something and Im
under pressure, forget about it
- Where I have a good basic grip of knowledge of what is happening,
improve that knowledge
- Dont stay up all night pls
Shitty marks
Adjust my study techniques to match the task more closely. Ask myself some
hard questions and answer them: How much study am I doing every day? Am I
frequently reviewing? Am I allowing enough time for prep? Am I studying
actively? Am I making study a priority?
If I persist I will soon be able to consolidate my efforts. Also, think of my
motivation for being in the course.
Not passing
The time to worry when my failure is unexpected. I should then consult a study
skills adviser, my tutor and lecturer or even some later-year students. Ask for
detailed feedback on assignments. Also, look at exs of good answers.

Appendix 1 Starting Point for Web Resources

Law Sites
- Lexisnexis HC cases and legal publications
- Washburn Uni School Library recent links to US State and Federal Law
etc., plus libraries, study aids, reference materials etc.
- Law Institute of VIC
30

SCALEplus legal info retrieval system of the Aus Attorney-Generals

Dep.
NSW Law Society links and daily media updates, info for the public and
resources for lawyers. I can also go to NSW Young Lawyers from here
and it has regular updates on issues in courts.
Wests Legal Dictionary
Do I Want to Go to Law School?
Gilbert Law Summaries
Findlaw.com.au/student/ -- legal info for students and legal resources
Austlii Australian Legal Info Institute site and inc. cases, online links t
courts, journals etc.

Help with Writing and Study

- The Language and Learning Skills Unit at UNIMELB
- Study Strategies homepage with advice for law students
(d.umn.edu/student/loon/acad/strat/)

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