LSS Study Skills Seminar

1. LSS Study Skills Seminar Tips for Open and Closed Book Exams By Alexandra Jelley and Elise Caldwell

2. Closed Book – To Do List • 1. Attend lectures! (If you haven’t now – it’s not too late!) • 2. Prepare for tutorials (Same as above!) • 3. Prepare succinct notes • 4. Do practice questions • 5. Explain concepts • 6. Do practice exams

3. 1. Attend Lectures • You need to give yourself the best possible opportunity to learn course concepts. The more you are exposed to them, the better chance you will have of remembering them.

4. 2. Prepare for Tutorials • DO the tutorial questions for each weeks tute – they are old exam questions! • DO NOT leave tute questions until SWAT VAC! • It is an opportunity to ask your tutor to look at your answer structure, writing style and application of concepts.

5. 3. Prepare succinct notes • If you are a “notes” person: • Topic Rule Case - One line re facts - Ratio - Any relevant obiter

6. 3. Prepare succinct notes cont. • If you are a “visual” person: Easements Stick these on your walls! Property Test from Re Ellenborough Nab v Blacker Test Fixtures

7. 3. Prepare succinct notes cont. • You only need to know the ratio for each case. • Case Ratio E.g Re Ellenborough 4 elements of an easement (List elements)

8. 4. Do Practice Questions • Practice makes perfect! • IRAC method

9. 4.a) Issue • The issue is the most important element in the analysis and must be stated in a way to show what is in controversy • You should always use the following language to guide your thought process: “The issue is whether,” . . . then identify and state the legal conclusion you want the court to reach. • and connect to the “relevant” facts i.e. “When A accepted the offer from B”

10. 4.b) Rule • After you have the issue, you must articulate the rule. The rule and the facts are inextricably linked. Your analysis of the facts will not make sense unless you have first identified the rule which determines the legal meaning to be attributed to those facts. • Use building blocks for writing the rule of law, consider: ♦ Elements ♦ Definitions ♦ Exceptions to the general rule ♦ Limitations to the rule ♦ Defenses

11. 4.c) Analysis • Your statement of the rule will drive your organization of the analysis. It is where you examine the issues raised by the facts in light of the rule. • Identify: The consequences of applying the rule – what will happen? What are the consequences of this rule in this situation? • Which leads you to consider: What does application of the rule mean here? What will be its effect? • You simply match up each element you have identified in the rule (in order) with a fact. Use words like “because”, “as” and “since” to make the connection between rule and fact.

12. 4.d) Conclusion • Make a conclusion – one sentence!

13. 5. Explain concepts • Get together with peers and take it in turns explaining rules and concepts to each other. If you can explain the rule without looking at your notes, then you know it. • Then try explaining it to your parents or friends that do not study law – if you can explain a concept to someone who doesn’t have a background in the area, you truly understand it.

14. 6. Do practice exams • Do at LEAST three • One – with notes (to ensure you apply all the correct rules and cases) • Two – without notes (to test your memory) • Three – under same time constraints as the exam.

15. Open Book Exams • How to use lectures for the end of semester exam. • What information needs to be in your notes? • What do successful notes look like? • How to use notes in revision. • The dangers of an open book exam. • Some general exam tips.

16. The Starting Point – Note Taking • Attending lectures and tutorials is a must BUT only a starting point. • Pen, paper and active brain are absolute essentials. • Robotic note taking is NOT effective. • Look for emphasis from the lecturer or reappearing problems in tut questions. • Consolidate after class. • Get involved.

17. Fixing Ineffective Notes • Highlighting and annotating. • Find key points. • Find what needs to be clarified. • Use friends, unit materials, study guides, sketch notes etc. • On-line lectures. • Talk to staff .

18. The Crucial Information • Summary/Checklist. • Relevant statutory provisions. • Ratio/Legal Principle; who, what and when. • Interesting/Relevant obiter. • Very brief fact summary .

19. An Example Re Reference under s.11 of the Ombudsman Act The ombudsman could refer a matter to the AAT for an advisory opinion and the matter which arose was refusal of an unemployment benefit to a school leaver. The delegate of DM sent notification of decision carrying his signature and name of DM. Brennan J; Difference between delegate and agent is delegate acts in own name. Signing as DM was denial of delegation and attempt to be agent. Carltona principle only operates where there is admin necessity and no admin necessity on facts because delegation.

20. What Notes Should Look Like • Checklist at the front. Use headings and colour for different areas. • Tabs should be used so things are easy to find. • Substantive notes need a colour scheme. • Notes should be in order which follows the checklist.

21. The Checklist • Most important part of notes. • Maximum two pages. • Can use question or statement form. • Use memory joggers • Structure it in the same way that you would structure an answer to a problem question.

22. Revision and Notes • Useful revision tool. • Should be prepared between 2 and 3 weeks before exam. • Should be used for all practice exams. • Should aim to complete around 3 full practice exams. • You should go into the exam being very familiar with your notes.

23. Notes and Revision Cont. • Long Notes should be a starting point. • These should be revised and condensed into summaries that can then be used in the exam. • A key part of revision is re-reading, editing and summarising notes to create the exam-ready version. • Do this by topic and have a timeline which you stick to.

24. Dangers of the Open Book • Reproducing lecture notes. • Putting slabs of law into exam with application to facts. • Being inflexible. • Wasting time looking through notes. • Bringing in too much material. • Complacency.

25. Avoid the Dangers • Use notes as a last resort. • Leave your textbooks at home. • Read the facts carefully and engage with them. • Use the facts in your analysis. • Treat the paper as a real client in need of advice. • Be creative with legal argument in tutorial and practice problems.

26. Approaches to Open Book Good Bad Notes developed using lecture slides only. Limited editing. Disproportionate amount of time spent on note preparation compared to practical tasks. Overuse of notes in exam. Recital rather than analysis. • Succinct summaries which are original work. • Editing and Revision Process. • Lots of practice with practical application. • Factual analysis. • Creative and original response.

27. General Tips • A good open book exam requires a lot of work. • Know what you need to do and how to do it. • Have all the necessary exam information. • Practice and be strict with timing. • Use headings in your problem response. • Focus on application and argument.

28. Happy Studying and Good Luck!