STUDYING LAW AT UNI

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ContentsPart 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

What’s 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

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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:

- 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:

- Private Practice (Law Firms)o Corporate law firmso Labour law firmso Criminal lawo Family law firmso Others:

Secondment (where the firm sends me to a client to get experience and to understand the client’s needs better)

Transfer into another office or an associated firm Work in privatised or semi-governmental authorities and

organisations- Public Practice (Government)

o Government solicitoro Office of Public Prosecutionso Foreign Affairso Other government departments

- The Bar or Judge’s Associate- Non-Legal Word

o Management and administrationo Academiao Other (research, journalism, stockbroking, politics etc.)

2 Coping at UniversityLecturers and tutors won’t chase me to see how much work I’m doing; it’s not even certain they will dictate what work I should be doing.

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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 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 don’t 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 managementLearning 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-readingReading 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 isn’t 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:

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- 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.

o 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/decisiono 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/decisiono 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?

Reading legal textsThere 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 it’s 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 overviewTry 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

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“Reading furnishes the mind only with materials of knowledge; it is thinking that makes what we read ours.” – John Locke

NotetakingI 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 essay? Am I trying to job my memory about a case? Do I want to get a handle on the lecturer’s views of a judgement? Taking notes has the following purposes:

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

Notetaking in lecturesWrite 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. I’ll probably be able to download the lecturer’s 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 writeDon’t 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 readingFirst thing’s 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. It’s a good idea to use Endnote to organise my references. Highlight does not mean understanding.

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It isn’t always necessary to take notes when I read, especially if I’m reading for background/context. Notetaking can however be a learning tool. If I’m 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 else’s words.

Use efficient reading strategies like previewing, skimming and reading with purpose. Read in shorter periods sometimes to stay more focused.

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 wordsI 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 don’t want to study anymore. So, when I’m 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 TheoryTheoretical 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?Don’t just read the material and hope it will stick.

Taking Time to Explore my Study SelfMost of the assessment taks will require me to have a good mental grasp of the material discussed. It won’t 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 what’s important, what I need to work on etc.

There are 4 levels of understanding:

1) Recognition – you won’t know the right answer when you see it2) 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

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I’m 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 haven’t 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 LearnerPassive ways of learning are seen in reading and re-reading the same information over again, or writing out notes over again. I won’t have time in uni to do this.

Active learning allows me to interact with the concepts. It is also more time-efficient and allows me to think creatively about the material. At uni there isn’t 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:

- 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 LearningCollaborative learning will help me discuss concepts and different points of view, including my own.

Taking Advantage of my MemoryMotivation, 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

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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 can’t 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 ConceptsI must use a good legal dictionary as a reference tool. Refer to source lists.

6 Reading Case LawDon’t 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 ReadConsider 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 can’t 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. They’re 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 PagesYou 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.

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It is therefore absolutely necessary for me to ask myself questions: be analytical about the relevance and significance of what I’m reading. It’s 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- To become familiar with the process of judicial reasoning

Don’t expect to understand fully an area of law with which I’m not familiar – just keep in mind what I am looking for.

Read the HeadnoteIt doesn’t form part of the case and isn’t binding. I can’t cite a headnote. But, it will provide a decent summary of the facts and will breakdown their reasoning. If there’s more than one judge, find the judges that form the majority to find the case’s ratio decidendi. The judgements are usually printed in order of seniority rather than a logical sequence.

UnderstandIf the headnote doesn’t 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 HistoryIf the headnote doesn’t inform me of the history, skim the opening of the judgement to find who won previously.

Find out the EndingLook 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 ReviewNow 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 shouldn’t compile reams of five-page case summaries. It would take forever and wouldn’t help my understanding.

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- 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- Judicial reasoning- Result and order

This asks the who, what, where, how and why questions and is like a page:

Name of case Chapman v HearseYear and court 1961, HCBrief statement of the facts Def/App/Chapman negligently hit E

Dr Cherry tending to Def on road negligently hit and killed by Pl/Resp/Hearse

Legal history Cherry dependants won action(Wrongs Act) v Hearse who sued Chapman (wrongs Act) for contributionHearse won at lower courts, Chapman appealing

Judicial reasoning DutyThe injury to a class of persons inc ‘Good Samaritans’ is ‘reasonably forseeable’ as consequence of collision.Policy is to encourage rescuers/heroesNot necessary to foresee the exact sequence of events leading to harmCausationWhether 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

Result an order For the PL/RESP/HEARSEChapman must pay ¼ of Hearse’s damages owing to Cherry dependants

7 Introducing Legal Theory

What Theory Is

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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 shan’t become too bogged down in different intricate rules as this can hinder my overall understanding.

How Much Should I Know?

Introduction to PerspectivesIn most legal theory courses I won’t 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 TheoryThink 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 LawEmpirical studies (real working) are often used to demonstrate that claims of equality before the law aren’t 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 doesn’t treat people equally. This reality is something that the current legal framework operates within.

The Functions of LawMost 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.

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- 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?

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 ItselfThis 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 LevelThe 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 LevelAt 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 law’s 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 isn’t 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 don’t 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

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- Legal education – how the law is taught and what perspectives are emphasised.

More Study Hints

1. Think in terms of themesThe 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:

- 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 I’m 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 themesIn classes and in informal study groups/collab learning. Don’t just swap notes with people, but find their perspectives.

3. ChillMost legal theory exams and many essays aren’t meant to be reflective. I’m 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 EssaysBeing 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 BasicsAt 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.

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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. Re-read once for argument, once for spelling etc.

Research for My EssayThe greatest problems many law students face is details. It’s 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 I prep for an essay, it’s important to structure my approach to the subject matter as it is to structure the words I write if I’m unfamiliar with an area of law, opening the latest HC judgement isn’t a great idea. Judges don’t 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 won’t 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 don’t know how it is going to look).

Overview – textbooks and encyclopaediasIn the overview stage, my aim is to get a broad understanding of the particular area. It’s 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 in-depth 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 there’s 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 it’s 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 Halsbury’s Laws of Australia) – these are a useful source of general information. They attempt to simplify the law – though in this case for practitioners more

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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.

When reading these articles, begin with the most recent as it will probably refer to earlier works. Don’t forget to read the footnotes of the articles as they can refer me to other works.

Detail – primary materials (cases, legislation, reports…)Once I’ve 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 I’m looking at case law, I should be aware of the ‘major’ cases in the area I’m 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 draftingPlanning 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.

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When I’m 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. It’s 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 AuthorityThere 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 it’s done:

Support for a PropositionThe 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.) may be cites afterwards.

Relating My Work to Existing ScholarshipAnother 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 I’m aware of them.

Using footnotes is often criticised as adding nothing to the essay. If I’m worried my footnotes look shit or don’t 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 TextFinally, footnotes can be used to briefly qualify broad statements in the text. This doesn’t mean I can cut from the text and paste it into the footnotes and the marker isn’t dumb, it’s 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 doesn’t make sense without the footnotes you’re fucked. Don’t rely on the reader bouncing back and forth from the footnotes to the essay.

Using Footnotes

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EX: Authority for 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)

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 I’m 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.

When I’m 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 I’m contradicting another work, ‘contra’ should be used. Use it if I disagree with the author/judge.

Basic Citation MethodsThis is the Australian Guide to Legal Citation(AGLC) by the Melbourne Uni Law Review Reform.

i. Casesa. 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 isn’t an integral part of the citation.

ii. Periodicalsa. 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.

iii. Booksa. Jurgen Habermas, Toward a Rational Society (1971) 45.

iv. Statutes and the Constitutiona. Australia Act 1986 (Cth).b. Trustee Act 1928 (Vic) s 10.c. Australian Constitution s 51 (xxix).

v. Newspapersa. 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.vi. Official papers, parliamentary debates

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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.

vii. Other referencesa. 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 WorkA citation should not be repeated in full.

i. Ibidii. Above n x

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

HintsTo help with the referencing process, keep a list of the complete sitations I’m using. Then next to them write a list of abbreviations.

HAB71 Jurgen Habermas, Toward a Rational Society (1971)MABO92 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 I’m cross-referencing I don’t 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 ExamsStudying for open book law exams is completely different to any other subject.

What’s Being Tested?

Understanding, Reasoning and Evaluating

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10 Habermas, above n 7, 74.

11 Ibid.

12 Mabo (1992) 175 CLR 1, 69.

13 Habermas, above n 7, 110.

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 I’ve studied. I don’t 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 CountOpen 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, there’s no harm in taking in things like notes, summaries, texts, casebooks etc., but I shouldn’t expect to be looking at much of it. During the year I should be focusing on preparing notes that are useful.

This doesn’t 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 can’t rely exclusively on someone else’s notes. Notes can’t 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 else’s 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 won’t 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

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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 isn’t 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 KnowledgeOne 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 injured’s 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.

Getting and OverviewExams 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.

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

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Foreseeability

The potential for harm to others

Proximity

Limits on individual responsiblityRestricted

by

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)

loss-shifting, as well as a normative regime of individual responsibility) then the individual pieces make more sense.

State Large, Then Sharpen the FocusIn 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 can’t 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 =

Training

Timed WritingTimed 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 TestTrain yourself to be mentally alert. And don’t fatigue yourself senselessly.

Any Little Time is GoodMake 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 LawExams 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

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Duty of Care

- Any binding precedent/accepted position?- If not, apply Deane’s 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

except Dawson J) in Gala

ETC!

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. It’s 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 I’m 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 can’t, it’s 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 isn’t a great deal of difference between the judge making a ruling in a case and a student doing a hypothetical. Consider how judges approach novel problems in law.

10 Sitting Law ExamsAlthough open book exams with hypothetical cases are integral, there are also law exams that ask you to answer essay questions.

Divide and ConquerThe 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 CasesThis 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 WholeIt 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

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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 QuestionI 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 don’t have to discuss A’s liability in negligence for injuries to B as a result of this act, or I could say why I don’t 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, don’t 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.

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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

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 law ex:

How Can They Get It?Consider all possible causes of action. Even if something seems cray, it’s 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.

Also note that if I have a number of possible defendants to similar causes of 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.

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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

Ex: Property Law

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 in the land, such as a

constructive trust- Compensation under s110 of the Transfer of Land

Act

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 the possibility of striking down the Act, perhaps as it’s an excise (Consitution, s90)

The Structuring Stage: Using the Law

Issues, Tests and AlternativesThe 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 I’m 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:

- What’s 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?

- What tests will establish the D’s 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.

- What’s the effect if a test isn’t satisfied? If a plaintiff can’t 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 FactsBe wary of ‘discussing’ the law too much in a hypothetical. My reasoning skills are being tested, not my memory or storytelling, and thus there’s 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 shouldn’t paraphrase much of the cases I’m 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:

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Remember that some questions will require greater depth on particular issues.

Exam Paragraphs – Are They Helpful?It’s 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 year’s papers (often available on reserve in the library) without careful consideration may cause me to bypass important issues.

Note however that it’s usually better to introduce the issues and demonstrate a v good understanding of the problem from the outset as this shows:

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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 wasn’t “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).’

Ex: Negligence – basic plan

In order to succeed in a negligence action, (P) must est that

(i) A duty of care was owed to her by (D);(ii) That (D) breached that duty by …;(iii) That the breach in so far as it was wrongful caused

(P’s damage) which was not too remote; and(iv) No defences operate to assist (D).

Ex: Negligence – a sophisticated plan

Of the 3 elements required to prove a negligence action (duty, breach, casuation: Jaensch), P’s greatest hurdle will be to est that

(i) D failed to take the precautions expected of a reasonable person (breach); and that

(ii) A’s actions don’t sever the “casual chain” (March) connecting D’s act and P’s injury.

Duty of care is non-problematic – clearly coming within Deane’s 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:

Filling in the Gaps

Chill

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 I’m 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 GapsA good exam will force me to think creatively about the law I’ve studied. This often means I’ll be confronted with the issues I may not expect, or don’t know how to relate to what I’ve studied.

In these situations don’t 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 herrings—more 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 question—relate them to the policy that lies behind the doctrine and discuss the issues from such ‘first principles’.

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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 breaking liquor licencing regulations was ‘misleading conduct’.

The application of s52 to ‘silence’ doesn’t 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 case (Henjo).

Write quickly but don’t waffle. Will they be ticking the sentence I just did? Or am I just filling the page with shit that doesn’t demonstrate how well I know the principles of the law?

ChillSit 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?

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 won’t ever understand something and I’m

under pressure, forget about it

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- Where I have a good basic grip of knowledge of what is happening, improve that knowledge

- Don’t stay up all night pls

Shitty marksAdjust 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 passingThe 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- SCALEplus – legal info retrieval system of the Aus Attorney-General’s

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.

- West’s 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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