Washminster

Washminster
Washminster
Showing posts with label Arguments. Show all posts
Showing posts with label Arguments. Show all posts

Wednesday, 24 May 2017

Facing a Law exam?

There are four matters to concentrate on. For each topic (for example -doctrines such as - Separation of Powers; Rule of Law; Parliamentary Supremacy : or criminal offences such as Homicide; Theft; Rape; Attempts....) make sure that you can succinctly deal with the key

* Concepts
* Arguments
* Cases
* Legislation

Could you describe and explain them to an intelligent friend? or deal with any question that they might fire back at you? (this is the value of working with other students as you prepare). Could you make a coherent argument in response to a request to discuss the strengths/weaknesses of the existing law - or for/against reform?

Are you confident that you know; could explain and use the relevant legislation or cases?

The diagram below might help you prepare your thoughts. [CLICK THE PICTURE FOR THE FULL SIZED VERSION]

"Condensing" is an important part of revision. [so you could review the topics and draw a diagram like the one below for each specific topic].

So is rehearsing explanations and arguments.

Is there a flow diagram you've seen - or could construct to logically set out your argument or solve a practical problem? (My students can use the Judicial Review diagram (W201) as a starter).

Are there any tables you could construct which summarise arguments - with a column for Strengths (with a second column for your evaluation of those claimed strengths) and a column for weaknesses (with a fourth for evaluation).

For Criminal Law you could draw up a table setting out in columns the Actus Reus; Mens Rea; and defences for each offence, along with the leading cases and a sentence to remind you of the key facts.


Revision is not about memorising lots of facts - and regurgitating them. It's about demonstrating your handling of the concepts; arguments; and authorities. Train for the exam, not like a child preparing for a spelling bee competition, but a football player - ready to flexibly respond to whatever strategy the opposing team uses on match day. Flexibility and skilful use of your acquired resources (your knowledge and understanding) are the key.

Wednesday, 19 April 2017

What's the point of revision?

A question I often ask myself! Without it, one is less likely to demonstrate one's knowledge and skills to an examiner. But I want to take the answer to a more practical level.

Revision is about 'training for the exam' - being in 'top condition' for the challenge that the exam sets.  It's about having the key facts at one's fingertips. What are the appropriate legal rules to solve the problem? What are the key arguments around central ideas in the law? What are the key cases in a particular area? It is NOT about memorisation for the sake of memorisations - it is about marshalling the resources you will deploy in the exam room.

Answering exam questions is not about dumping a load of facts, cases and slogans on a piece of paper - it's about marshalling them TO ANSWER THE SPECIFIC QUESTION SET.

So you do need to be able to

- use key cases to advance and/or prove the argument you are making
- set out - and EVALUATE - key arguments (for example about the level of 'Separation of Powers in the UK Constitutional System' or 'balancing conflicting rights arising from the European Convention on Human Rights')
- solve key problems (for example, assess whether a certain set of facts could give rise to a successful Judicial review claim, or a prosecution for a particular offence.)

Single facts, or single cases, are not by themselves key to success - it is the relationships between them.

Rigidity is an enemy of success. I've read many an exam answer which is little more than the dumping of all the facts the student can remember about the subject. That is not the way to success. As stated above, success comes from being able to effectively deploy your knowledge and understanding to answering the specific questions set.


Revision is about
- identifying the key facts, arguments, rules and cases
- recognising the links between your areas of knowledge (it's much easier to remember if you linked your knowledge)
- becoming flexible about how you use your knowledge (so you answer the specific question set, not just dump pre-learned material in the answer book).
- becoming fluent in explaining concepts and making arguments.

I'll be exploring some of these ideas in forthcoming posts.