LEGAL WRITING IN TESTS & EXAMINATIONS Study Unit 6 eLearning RPK 214

1. LEGAL WRITING IN TESTS & EXAMINATIONS Study Unit 6 eLearning RPK 214

2. CURRENT EXAM SKILLS AT UFS Severly underdeveloped Reading??????? No paragraphing No headings Poor language skills NO structuring skills Handwriting Lack of analytical skills Misunderstanding of question verbs

3. QUESTIONS SHORT QUESTIONS ESSAY TYPE

4. ESSAY TYPE QUESTIONS • INTERPRETING QUESTION • DEVISING ARGUMENT & STRUCTURING ANSWER • PRACTISING WRITING SKILLS

5. 1 INTERPRETING THE QUESTION ANSWER SPECIFIC QUESTION ASKED! AVOID GENERAL ANSWERS AVOID LENGHTY “INTRODUCTIONS / SETTING OF SCENES” E.g. Why did South Africa not win the Soccer World Cup 2010?

6. AVOID LITERAL APPROACH IN “QUOTATION” QUESTIONS “Until problems in the relationship between the South African Police Service and the British Prosecutorial Service are resolved, the British judiciary will be in a weak position to decided on Shrien Dewani’s extradition.” Discuss / Do you agree? • Underline key words / phrases (Careful!) • Identify questions regarding the gist of the statement - What is the relationship supposed to be? - Is the weakness of the British judiciary to decide the extradition attributable to the problematic relationship? - What is the British judiciary’s powers to decide on the extradition? - How can the weaknesses be resolved?

7. AVOID LITERAL APPROACH IN “CRITICALLY EVALUATE” QUESTIONS “Until problems in the relationship between the South African Police Service and the British Prosecutorial Service are resolved, the British judiciary will be in a weak position to decided on Shrien Dewani’s extradition.” Critically evaluate. • Assess success / appropriateness of specific area of law / institution • Explain what it is

8. 2 ANSWER & ARGUMENT GOOD STRUCTURED ANSWER = More likely to gain marks STRUCTURE OF ANSWER = OFTEN DEPENDS ON QUESTION DESCRIPTIVE ANSWERS REQUIRED ARGUMENT REQUIRED

9. DESCRIPTIVE ANSWERS REQUIRED Material  GOOD, CLEAR, TIGHT FRAMEWORK SUPPORT WITH RELEVANT AUTHORITY No argument required TECHNIQUES: 1. GENERAL RULE – General rule & exceptions 2. FIRAC

10. ARGUMENT REQUIRED TRADITIONAL APPROACH: 1. Put questions in context indicating 2 possible arguments 2. Outline both arguments 3. Make conclusion you favour FAVOURED APPROACH: 1. Pick a side / argument 2. Support it with facts / authority 3. Show why other argument is unpersuasive DEPENDS ON WORDING OF THE QUESTION!

11. TECHNIQUES TO PRODUCE POLISHED ANSWER IN ESSAY • Explain steps you take to get to answer • Mention arguments contrasting your argument  To ‘shoot it down’ • Outline general principle; follow with example • Demonstrate your ability to make fine distinctions • Do not regurgitate the academics. Impose your own structure • Use legal language CORRECTLY • Employ impartial submissions

12. ADDITIONAL TIPS… Clear, concise, engaging! Consider audience & purpose! SPELLING! NO SMS LANGUAGE! Paragraphs paragraphs paragraphs Headings Avoid repetition Logical reasoning

13. GOOD LUCK WITH YOUR EXAMS!