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Law Skills Series

Answering Essay Questions in


Examinations
Developed by Dr Jaspal Kaur Sadhu Singh

An opportunity for the student to


demonstrate:
Knowledge in the subject matter
mastery of course material
Application of skills ability to
apply knowledge

Why do we have
examinations?
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

Guidance as to how essay questions


should be answered
Skills these type of questions aim to
ask
Offer some advice tips for
examination and avoiding pitfalls

Objective of session
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

What essays aim to assess


Types of essay questions
Structure
Expectations in essay questions
Tips for examinations & Avoiding
Pitfalls

Outline
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

First Level
Knowledge
Comprehension

Second Level

Application
Analysis
Evaluation

Third Level
Synthesis

Aim of Essay Questions


Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

Knowledge
Comprehension
Application
Analysis
Evaluation
Synthesis

Recalling or remembering
Understanding something that has been told
Using concepts to solve problems
Breaking it down into parts; Analysis of
relationships between parts
Judging value of principles or methods using
definite criteria
Creating something new

Aim of Essay Questions


Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

Describe how laws are made in


Parliament?
What are the elements that must exist
in order for a contract to be formed?
State the tenets of the Doctrine of
Separation of Powers

Knowledge
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

Set out the advantages of alternative


dispute resolution.
How to distinguish an offer from an
invitation to treat?
How is murder different to
manslaughter?

Comprehension
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

If an accused has consensual sex with


a girl who is 12, does this amount to
rape?
Need to apply elements of the crime found
in Section 5 Sexual Offences Act 2003

Application
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

Is the UK Parliament still supreme in


view of UKs membership into the EU?

Analysis
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Critically evaluate the implications


of the Fraud Act 2006 and consider
if it has addressed the
shortcomings of the previous
deception offences.

Evaluation
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Reforms and Recommendations


Case Law
Statute Law
Journal articles (Recommendation)
News articles (Recommendation)

Synthesis
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Whole Question
Describe the legislative process for a public government
bill.
[LMS]
Critically discuss the similarities and differences between
constructive manslaughter and gross negligent
manslaughter and consider if there is a need to continue to
have two separate offences. Students should consider the
applicability and substantial requirements of both offences.
[Criminal Law]

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Part Question On the same topic


Necessity is a form of duress of circumstances.
a) Explain the law relating to the defences of necessity and
duress of circumstances; and
b) Discuss the accuracy of the above statement with
reference to case law.
[Criminal Law]

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Part Question On the same topic


1. Judicial independence is not given to judges as a privilege which goes
with their office. It is an essential safeguard of individual liberty and of the
communitys entitlement ot have its disputes, particularly those with the
government of the day and the institutions of the community, heard and
decided by a judge who is independent of them all.
a) How important is judicial independence? [5 marks]
b) What was the extent of independence guaranteed under the old system
of appointment, selection and disciplining (the pre-Constitutional Reform
Act 2005 position? [15 marks]
c) How successful have the reforms been in ensuring that judicial
independence is upheld by virtue of the Constitutional Reform Act 2005?
[15 marks]
d) Are the problems of the past successfully exorcised? [5 marks]
Synthesis

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Part Question On the same topic


Britain is on the verge of constitutional upheaval
Britain is a country in the grip of a modernising frenzy. Depending on the outcome of the
referendum (which will be held on May 5th), the general election (set to be held on May
2015) may use a new voting system Voters (will be asked) to choose between keeping
the first-past-the-post (FPTP) (or) moving to the alternative-vote (AV) method.
Under another set of proposals, due to be unveiled in May [is the reform of the] House of
Lords. [It will] be replaced, by [an] elected house (possibly called a Senate) of as few
as 300 members. According to press leaks, 80% of its members would be elected by a form
of proportional representation (PR)for single terms of 15 years. The remaining 20%
would be appointedThe 92 remaining hereditary peers would be ejected from Parliament,
as would most (but not all) of the 25 Anglican bishops and archbishops who sit in todays
House of Lords
The years of Labour rule, from 1997 until 2010, were times of frequent alterations The
ancient office of Lord Chancellor was broken into three. A Supreme Court of the United
Kingdom was established and hundreds of hereditary peers kicked out of the Lords.
[The Brits] will be living with the constitutional consequences for many years to come.
The Economist Apr 28, 2011

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Part Question On the same topic


Answer the following questions
(Compulsory)
1) Define the House of Commons.
(5)
2) Describe the First Past the Post System.

(15)

With reference to the article above, answer 1 question (20 marks each)
3) Paragraph 1 of the article above states that ....Voters (will be asked) to choose between
keeping the first-past-the-post (FPTP) (or) moving to the alternative-vote (AV) method.
a) What is the AV method? How does it work?
b) Briefly state the advantages and disadvantages of the current FPTP system which UK
currently adopts.
4) Paragraph 2 of the article above states that the reform of the House of Lords[
will] be replaced, by [an] elected house (possibly called a Senate)
What possible advantages and disadvantages may occur from an elected House of Lords?
5) By altering the current position of the Lord Chancellor and establishing the Supreme
Court, has the UK finally followed the doctrine of Separation of Powers?
Students are required to discuss both positions before the Constitutional Reform Act 2005.

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Part Question Different and unrelated areas


(outdated)
(a) State the role of Law Magistrates.
(b) How are jurors selected?

Types of Question
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Introduction Scene-setting (10)


Body of Content Answering the
Question (80)
Concluding Remarks (10)

Structure
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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A general introduction/definition of the


subject matter of the question
State the interpretation of the question in your
own words unpack the question if there is
a quote, paraphrase it in your own words
Set out the stages of your answer

Introduction
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Sy
nt
he
sis
Discussion
Description

Content
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Description

Describing the
subject matter
Understanding of
the subject matter
Knowledge of the
subject matter

Content
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Discussion

Content

Critical analysis and


evaluation
Evaluating the subject
matter
Use criteria of evaluation
Draw positives/negatives;
advantages/disadvantages
; strengths/weaknesses.

Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Synthesis

Reforms and
recommendations
Raising unanswered
questions (Recent
reforms)
What next in the law?
(Recommendation)

Content
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Revisiting the question


Summarising the points in the
discussion
Agree or disagree
Comment on veracity and accuracy
of the statement in the question

Concluding Remarks
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Summarising material
Frequency of topical questions
Preparation of model answers
Time management
Attempting PYQs

Tips for Prior to the Examinations


Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Reading the instructions


Number of Qs to be answered
Allocation of Marks

Reading the Question understanding,


identifying key words
Reading the Question making choices
Identifying the breadth, scope & depth
what is the focus?

Tips for During the Examinations


Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Sketch out a brief essay plan


Highlighting authorities statutes,
cases
Use of Headings
Watch the time!
Answer the Question!
Tips for During the Examinations
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Lack of organisation
Padding
Senseless use of authority
Negative issue spotting
Memorised knowledge
Question-begging
Pitfalls

Extracts from Writing Law Examinations, John H Langbein, Professor of Law, Yale Law School
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Lack of opposing view points


Lack of voice
Poor writing grammar, legible
handwriting, avoid using
abbreviated words (text language),
paragraphing between points.
Avoid jocularity
Pitfalls

Extracts from Writing Law Examinations, John H Langbein, Professor of Law, Yale Law School
Law Skills Series: Examination Skills - Dr Jaspal Kaur Sadhu Singh

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Good Luck and Thank You


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