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Answering Law Questions:

Answering a law question is not very different from answering other qualitative-type
questions. An answer should be:

Clear. (Clarity will only come with understanding. Thus one needs to read up
thoroughly).

Detailed (Answers should generally not be brief. Instead they should try to explain
things in detail, as often the devil is in the details).

Well-organised (Answers should follow a logical sequence. For instance, the issue
of whether there is a breach should be addressed before the issue of whether there
is any defence for the breach).

Show thinking (There should not be a blind regurgitation of the law. Instead the
thinking process should be highlighted. This can be shown in various ways. For
instance, the way in which the given facts or words are interpreted, the way in
which certain events are analyzed or synthesized or the way in which certain
arguments are made - may all show such thinking).

Discuss the relevant issues (This means one should not discuss issues which the
parties are unlikely to dispute or argue about. For instance, if from the given facts, it
is obvious there is a contract between the parties, then the issue of whether there is
indeed a contract should not be discussed).
The only thing that may be different is that the answer should also, ideally
speaking:

Cite relevant cases/statutes (For instance, if a question asks: Is X entitled to do


so? And the answers given are:
a
b

Yes he is.
Yes he is by virtue of section ___of _________ Act or
Yes he is by virtue of the case of M v R.

(b) is better than (a) because it names the source of the law.

However, since you are not law students, there would not be much emphasis on
citing cases or sections, especially in class. Nonetheless, at the end of the day,
everything is comparative, and if there are 2 answers which are identical, but one
cites relevant cases/sections and the other does not, the one which cites would do
better. Thus at least while you are doing written work, you should try to support
your answers with the relevant cases or sections, where possible.

Grading Scale for Exam/Tutorial based assignment questions:

Grade
D

Reason
There are major lapses in understanding.
Student/group does not appear to have
read up much.
The main picture is there, but the
understanding is superficial. More marks
may be awarded if the answer is
nonetheless clear, organized and/or
detailed.
Many relevant issues covered and more
than a superficial understanding shown.
In addition, answer shows at least a little
thinking/independent thought. More
marks may be awarded if the answer is
clear, organized and/or detailed.
Most or all relevant issues covered.
Answer shows deeper
thinking/independent thought. Clear,
organized and detailed.

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