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.

Revision Cards

Law Students in particular, but many students in general, have a tradition of using "revision cards" to assist in the final stages of revision. Of course they are even more useful the earlier they are prepared.

Case cards are a particularly useful tool for law students. It's useful to have a VERY brief outline of the facts and key legal points established by a particular leading case. (A word of warning - volume  is the enemy of the student who wishes to be effective - don't do too many cases, concentrate on the cases that you are likely to need for the exam - a thousand case cards looks impressive, but may not concentrate the mind! Similarly, don't try and write as much as you possibly can - in the smallest writing. Condensing the information is the key to successful recall)

One of my students introduced me to "Quizlet" an internet based tool for creating cards; revising & testing oneself; and sharing with colleagues. [a 'Spaced Repetition' tool - there's a good article about them, and why they work  at https://www.theguardian.com/education/2016/jan/23/spaced-repetition-a-hack-to-make-your-brain-store-information.]  He, and some other Open University students collaborated in developing some revision cards which they then shared and tested each other on. I strongly commend such activities - it makes learning more fun & discussion can (and does) arise which enhances every participants understanding of the subject matter.

Revision cards are useful not just for learning cases - but definitions, or quotations, for dates & translated words. I've started using them for my own leisure and professional use. Quizlet allows you to make your own cards - and if you choose, to share them with everyone - or with a defined group of colleagues. It also allows you to find existing card sets.

So if you are taking an exam in 2017 - make your resolution to improve your results by using revision cards. The ones you make yourself are the most useful (because you are forced to condense information - a key to successful memory). Using cards made by others can be useful, but less effective (I for example found on Quizlet a set of cards, each of which has the name; state and photograph of a member of the current US Senate - and use it to improve my recall of faces (not my strongest point) and linking Senators to their States.)

If you want to try Quizlet out - go to http://quizlet.com/. 

Mind Mapping

I've been a long term 'fan' of mind-mapping. I was first introduced to it as a teenager - and have found it very useful throughout my career, first as a student, then as an academic (and also for dealing with the masses of information I was using as a parliamentary candidate). As with any system - it is good to adapt to your own style and strengths. My problem is that I am useless at drawing (I know there are those who claim that anyone can be taught to draw, but is beyond me - I couldn't draw to save my life!). That has meant that I lost one of the advantages of mind-mapping - which is to use all the senses. My "mind-maps" were closer to "spidergrams" - sometimes I used colour - but essentially I used two dimensional diagrams, without drawings. However it has assisted me in studying; writing essays and preparing presentations and speeches. Most of all - it has helped when I prepared for exams.

Tony Buzan, a key developer and populariser of Mind Maps has gone hi-tech  Now I can do it on screen - I have MindMaps loaded on my home PC and on my iPad.

It may work for you - it may not. Each of us has our own learning style. For me it works - and works VERY well. I'm not good at remembering masses of information (and getting worse as I get older). But organising related information by drawing mind maps is a great help. I also find it an invaluable "thinking device".

Previously, I found them most useful for exam revision - thankfully I'm not facing any exams in the near future - but if you are - or you have a friend who is - then it's worth considering whether Mind Maps can help.

If you want further information - press here. It tells you something about the products available. 

But you can do them with pen (though pencil works best) and paper. The link is that you see the relationships between ideas. You can link key ideas in an argument by linking 'clouds' containing the key ideas together in a chain. You can develop different levels of mind maps - for example

* What is needed for a successful Judicial review claim;
* the elements of a specific offence (Actus Reus, Mens Rea and Defences);
* or the key facts of a particular case.

Why not try to list some topics you could prepare mind maps for?

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.

Exam Revision

Do you (or a friend) have exams coming up? Over the years Washminster has published a number of posts designed for exam preparation - with a particular (but not exclusive) emphasis on Undergraduate Law exams. For my (likely) final group of students on the Open University W201 Law - the Individual and the State course (Constitutional Law; Administrative Law; Human Rights Law; Criminal Law) - I will be re-publishing some of those posts. I will start with general principles and advice for revision - then move on to specific topics covered by the course.

Please do use yourself - (and) / or share this blog with students facing exams. The series starts next Wednesday.

Judicial Review Flowchart

Faced with a problem question in a law exam about whether Judicial Review can be used? This flowchart suggests a logical approach to structuring your answer.

(click on the image for a full sized version)

Getting Revision Focused

A starting point in revision is to identify the key topics that need to be covered. 


For W200 Students (or students of English legal System and EU Law)

Below is a MindMap illustrating the key parts of the W200 Understanding Law course. Unit 8, on Scottish Law is not examinable - so I haven't incorporated it.

Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One and Two make up "Introduction to Law
1 Introduction and what is law
2 Terminology and sources of Law

Each unit is subdivided - Unit One -
A General Introduction to the course - no need to revise this
B What is Law?
C The Functions of Law

Note the key themes and further divisions - B1, B2, B3.....
You might want to draw your own MindMap for each Subject and/or Unit.
Briefly summarise the key points as you revise - this involves condensing the information.



(click on the mindmap for the full version)

For W201 Students (or students of UK Constitutional Law; Human Rights & Criminal Law)

Below is a MindMap illustrating the key parts of the W201 The Individual & the State course. 
Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One to Five cover "Constitutional Law"

1 Fundamental Values, constitutions and core constitutional principles
2 The sources of the UK Constitution
3&4 Parliamentary supremacy
5 The institutions of State in the UK

Each unit is subdivided - Unit One -
A Identifying fundamental values
B Constitutions: purpose and classification
C Core constitutional principles (1) Parliamentary supremacy (2) Responsible government
D Core constitutional principles (1) The Rule of Law (2) The Separation of Powers
Note the key themes and further divisions - B1, B2, B3.....




(click on the mindmap for the full version)

Revision

It's that time of year again. I have OU students on the W200 (Understanding Law) and W201 (Law: The Individual & the State). Washminster has, in the past, been a useful resource for those studying at University or for A-Levels in the subjects of Law and Politics. It is my intention to produce posts which may be of especial use to such students.

The subjects I will be focusing on include
# Principles of effective revision
# English Legal System
# UK Constitutional Law
# European Union Law
# Human Rights (with an emphasis on the European Convention on Human Rights)
# Principles of Obligations (Contract and Tort)
# Criminal Law

- but fear not, these subjects are not dry academic subjects. They will be at the forefront of debate across the world. In the UK, there will be a referendum on Britain remaining in the EU. Soon afterwards Michael Gove is expected to announce proposals for the replacement of the Human Rights Act (which gives effect to the ECHR in the UK - allowing its provisions to be raised and applied in English courts [Note - the OU courses concerned deal with English Law - although there is a unit on Scottish Law which is non-examinable]. The proper use of 'constitutions' lies at the heart of current debate in the USA - and concerns about respect for human rights is increasing across the world. So there will be in these posts, something for everyone. There's no need to switch just because you aren't facing an exam!

If you do have family; friends; neighbours or students who might value Washminster as an additional revision tool - please share this post (or our address - http://washminster.blogspot.co.uk/) with them.

Arguing About Stare Decisis

(the doctrine of precedent)

Does it provide -
Consistency?

• Certainty?
• Efficiency?
• Flexibility?

Or does it promote
Inflexibility?

• Uncertainty?
• Fixity?
• Unconstitutionality?

[Slapper and Kelly briefly outline the arguments on  pages 144-153 of their book "The English Legal System - 14th Edition].




Other books develop these - and put other arguments. If you are taking a Law Degree exam (English Legal System - or the Open University's W200 course), it is worth summarising the arguments about the strengths and weaknesses of the doctrine of precedent. Then prepare short arguments - one version arguing for the utility of the doctrine and other arguing that it has more disadvantages than advantages. How would you put across each argument? How would you anticipate objections? Should you face an invitation in an exam to discuss precedent you'll have developed the knowledge and flexibility to answer it. Remember, there is no right answer. An examiner is looking for evidence of critical evaluation; and an ability to present a logical argument.

You should also be able to explain the "mechanics" of the doctrine - can you describe and explain

• the significance of law reporting?
• the rules about which courts bind which?
• when previous decisions are not binding? [and Young v Bristol Aeroplane Co Ltd]
• 'Ratio decidendi'?
• 'Obiter dictum'?
• Overruling?
• the Practical importance of Precedent?

Revising for Law Exams?

 

Washminster is written by an Associate Lecturer on the Open University's W200 and W201 Law courses. These cover what more traditional universities may describe as

• English Legal System
• EU Law
• Constitutional & Administrative Law
• Criminal Law

As a result there are a number of posts designed to assist with exam revision in these subjects (and revision techniques generally). Most of these were published in the August/September of each year (immediately preceding the OU exams).

If you are facing exams (Law Degree; Law A-Levels), do feel free either to use the search engine to the right of this post - or browse through the posts in date order (year & month).

Concepts, Cases, Legislation & Arguments

Facing a Law exam?

There are four matters to concentrate on. For each topic (for example - Statutory Interpretation; The Doctrine of  Precedent; Juries; Direct Effect; Free Movement of Goods; Separation of Powers; Homicide....) 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 Free Movement of Goods diagram (W200) or 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 & 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.

Magistrates and Juries

Professional judges are part of "government". They are employed by the State and exercise "judicial power", one of the three functions of government. Lord Atkin criticised, in the famous case of Liversidge v Anderson (a case worth reading - it can be accessed here) judges who "show themselves more executive minded than the executive." They are lawyers by training - and can be very 'legalistic' - applying the law laid down in statute or case law - irrespective of whether the law in question is a "bad" law.

These are some of the reasons that lay participation in courts has been highly prized in the English Legal System. The Americans so valued the independence of juries that the right to jury trial is entrenched in their Constitution. The Sixth Amendment begins - "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed"

Law exams often invite candidates to discuss the merits of magistrates; juries, or both in the legal system. Such questions require the candidate to both describe and evaluate the claims for and against such involvement. So if you are facing an exam after a course in "English Legal System" or the Open University's W200 "Understanding Law" course - what can you do to prepare?

First of all review your notes; old essays; textbooks; journal articles for the arguments on both sides. Consider the strengths and weaknesses of any claims made. Weigh up the advantages and disadvantages. Your job is not to advocate one view or other but to logical consider the arguments and come to a reasoned conclusion. There is no 'right' or 'wrong' answer - the examiner will be looking for your knowledge and understanding of the advantages and disadvantages; for evidence of further reading and reflection; critical evaluation of the arguments; a well argued discussion and a conclusion which is based on that evaluation and argument.

It's worth writing a short briefing note for yourself - setting out the key points. If you have the opportunity to talk to fellow students have a discussion - or why not argue one side whilst your colleague argues the other. Then reverse it - you argue for the other side and so on.

An ideal Law Exam Question?

'Discuss the view that "Parliamentary legislation is excessively complex and its confusions undermine the rule of the law"'

This isn't actually an exam question that has been set in a British university - but it would an excellent question - either for "English Legal System" (allowing an explanation of issues relating to 'statutory interpretation') or "Constitutional Law" (enabling a student to demonstrate their understanding of the concept of the Rule of Law)

If I were a student, I'd read the following article - from which the quote is taken - and reflect on what points I could make - even going as far as preparing an essay plan.

http://www.guardian.co.uk/law/2013/apr/16/parliamentary-legislation-too-complex-report

On the 'Rule of Law' (and other UK constitutional principles), it's difficult to beat Lord Bingham's short, readable and thought provoking book of the same name.

Revision for Exams?

Do you have exams coming up in the next few weeks? Washminster may have resources to help your revision.

There are posts specifically on revision
Revision video
Mind Maps
Other resources on Washminster
[These were written some time ago - the principles remain the same - but some comments are quaintly 'out of date']

The search engine can also be useful to find material on specific topics. So there's lots on

LAW
English Legal System (courts; legal personnel; statutory interpretation; precedent...)
UK Constitutional Law (separation of powers; rule of law; parliamentary sovereignty...)
EU Law (Institutions)

POLITICS
British Politics
US Politics
European Politics
French Politics

Have a go - the search engine is on the right, below "Share It". Let me know what you find useful - and anything else (within my area of knowledge!!!) that would be of use.

Send your comments to comments@washminster.com

Returning...

Washminster will be returning shortly - with lots on

Elections (USA - Presidential; Senate; House of Representatives - and more!) - a nearby Parliamentary by-election in the UK (Corby)

History - the stories behind developments in the USA; UK; France and Europe.

Exam Revision - especially (but not exclusively) aimed at W200 and W201 students in the Open University

So watch this space....
(in the meantime enjoy the magnificent show that is the 2012 Olympics...)

Quizlet

Law Students in particular, but many students in general, have a tradition of using "revision cards" to assist in the final stages of revision. Of course they are even more useful if prepared earlier during the course of studies.

Case cards are a particularly useful tool for law students. It's useful to have a VERY brief outline of the facts and key legal points established by a particular leading case. (A word of warning - volume  is the enemy of the student who wishes to be effective - don't do too many cases, concentrate on the cases that you are likely to need for the exam - a thousand case cards looks impressive, but may not concentrate the mind! Similarly, don't try and write as much as you possibly can - in the smallest writing. Condensing the information is the key to successful recall)

One of my students introduced me last year to "Quizlet" an internet based tool for creating cards; revising & testing oneself; and sharing with colleagues. He, and some other Open University students collaborated in developing some revision cards which they then shared and tested each other on. I strongly commend such activities - it makes learning more fun & discussion can (and does) arise which enhances every participants understanding of the subject matter.

Revision cards are useful not just for learning cases - but definitions, or quotations, for dates & translated words. I've started using them for my own leisure and professional use. Quizlet allows you to make your own cards - and if you choose, to share them with everyone - or with a defined group of colleagues. It also allows you to find existing card sets.

So if you are taking an exam in 2012 - make your resolution to improve your results by using revision cards. The ones you make yourself are the most useful (because you are forced to condense information - a key to successful memory). Using cards made by others can be useful, but less effective (I for example found on Quizlet a set of cards, each of which has the name; state and photograph of a member of the current US Senate - and use it to improve my recall of faces (not my strongest point) and linking Senators to their States. I am developing myself some MindMaps which link together other pieces of information (Committee assignments; dates of birth; other political achievements and interests).

If you want to try Quizlet out - go to http://quizlet.com/.

I have set up groups to share course related cards for my Open University Students on the W200 and W201 courses. If you'd like to join one of the groups
- English Legal System (for W200)
- UK Constitutional Law (for W200 and W201)
- UK Law of Obligations (for W200)
- EU Law (for W200)
- UK Admin Law (for W201)
- UK Criminal Law (for W201)

please drop me an email at jdavidmorgan@googlemail.com and I'll add you to the groups you wish to join.

Mind Mapping

During the "revision season" for my W200 and W201 Open University, I extolled the advantages of Mind Maps and used them to illustrate some key revision topics. I will be doing the same in the New Year when the courses begin for 2012.

If you are going to be a student next year (or continuing your studies) - it's worth considering now whether they would work for you.

I wrote in August "I have MindMaps loaded on my home PC and on my iPad.

It may work for you - it may not. Each of us has our own learning style. For me it works - and works VERY well. In fact I am now using my computer mindmaps to draw together the research I have collected - as I write up my thesis for my Ph.D. So I have quite detailed MindMaps for each of the Congresses and Parliaments since 1974 - and for each of the Chief/Majority Whips; and for the key theories I have been using and developing. It has made the process of writing up so much easier for me. I also find it an invaluable "thinking device".
 Previously, I found them most useful for exam revision - thankfully I'm not facing any exams in the near future - but if you are - or you have a friend who is - then it's worth considering whether Mind Maps can help."

For further information - and a free trial press here.

The English Legal System

What are the key characteristics of the English Legal System? [This analysis could also be used to map out the key features of other systems too].

* Sources of Law (Legislation; Case Law - and doctrine of Precedent)
* The Court Structure (Criminal; Civil; Appeals)
* The Judiciary (Types of Judge; Appointment & Tenure; Judicial Independence)
* The Legal Profession (Barristers; Solicitors; Training; Regulation)
* Other Persons (especially lay persons) involved in the system
* Criminal Process (Types of Offences; Procedure in Magistrates & Crown Courts)
* Civil Process (High Court; County Court; ADR)
* Access to Justice (Legal Aid

W201 Revision

A starting point in revision is to identify the key topics that need to be covered. Below is a MindMap illustrating the key parts of the W201 The Individual & the State course.
Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that.

For Example - Units One to Five cover "Constitutional Law"

1 Fundamental Values, constitutions and core constitutional principles
2 The sources of the UK Constitution
3&4 Parliamentary supremacy
5 The institutions of State in the UK

Each unit is subdivided - Unit One -
A Identifying fundamental values
B Constitutions: purpose and classification
C Core constitutional principles (1) Parliamentary supremacy (2) Responsible government
D Core constitutional principles (1) The Rule of Law (2) The Separation of Powers
Note the key themes and further divisions - B1, B2, B3.....

You might want to draw your own MindMap for each Subject and/or Unit.
Briefly summarise the key points as you revise - this involves condensing the information.

W200 Revision

A starting point in revision is to identify the key topics that need to be covered. Below is a MindMap illustrating the key parts of the W200 Understanding Law course. Unit 8, on Scottish Law is not examinable - so I haven't incorporated it.

Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that.

For Example - Units One and Two make up "Introduction to Law
1 Introduction and what is law
2 Terminology and sources of Law

Each unit is subdivided - Unit One -
A General Introduction to the course - no need to revise this
B What is Law?
C The Functions of Law

Note the key themes and further divisions - B1, B2, B3.....
You might want to draw your own MindMap for each Subject and/or Unit.
Briefly summarise the key points as you revise - this involves condensing the information.