Presentation Transcript

1. Study Skills Seminar

   KearaStretton (Equity) Matt Hearn (Evidence)
2. Preparing notes for closed book exams Long notes are useful during the semester to aid in learning and understanding the subject However, short notes are essential towards the end of the semester to solidify your knowledge of the core of the course, which you will need to have memorized for the exam.
3. Example – long notes Felthousev Bindley (1862) EWHC CP J 35 (Willes J, Byles J and Keating J) Uncle Paul Felthouse was a builder who lived in London. He wanted to buy the horse of his nephew, John Felthouse. After a letter from the nephew about a previous discussion in buying the horse, the uncle replied saying, "If I hear no more about him, I consider the horse mine at £30 and 15s." The nephew did not reply. He was busy at auctions on his farm in Tamworth. He told the man running the auctions, William Bindley, to not sell the horse. But by accident, Bindley did. Uncle Felthouse then sued Bindley in the tort of conversion - using someone else's property inconsistently with their rights. But for the Uncle to show the horse was his property, he had to show there was a valid contract. Bindley argued there was not, since the nephew had never communicated his acceptance of the uncle's offer. The court ruled that Felthouse did not have ownership of the horse as there was no acceptance of the contract. Acceptance must be communicated clearly and cannot be imposed due to silence of one of the parties. The uncle had no right to impose a sale through silence whereby the contract would only fail by repudiation. Though the nephew expressed interest in completing the sale there was no communication of that…
4. Example – short notes Silence by itself cannot be acceptance: Felthousev Bindley (1868)
5. Checklists and Flowcharts These will help you memorize the steps required to make out a cause of action. Eg: Breach of Fiduciary Duty has 5 steps. Fiduciary Relationship Scope Breach Defences Remedies
6. Memorizing the subject START NOW! LSS notes/Other’s short notes are a good place to start LSS tutes/faculty tutes Practice writing out your short notes for a topic – see how much of the topic you remember. Important to remember details – ie. case names, judges, correct wording of tests/rules.
7. Preparing Notes for Closed Book Exams Treat an open book exam the same as for a closed book exam – nothing changes except for the fact you are allowed your notes Prepare your long and short notes in the same manner as for a closed book exam
8. Do I need to memorise notes for an open book exam? By the time of the exam you should be able to write up a “structure” to the answer of a factual problem without having to rely on notes You should be able to identify their issue and determine their outcome without needing to look at your notes
9. Practice Exams! Do as many practice exams as you possibly can Start by doing the exams open book and not to time – so that you can answer the exam properly. Progress to doing the exams closed book and to time. Closed book: better to hand write practice exams Open book: if type practice exams (except for writing a couple) can take these answers in with you.
10. The Exam – Reading Time STEP 1: READING THE PROBLEM On first reading… On second reading… Work out “writing minutes per mark” and your timing for each question
11. The Exam – Reading Time STEP 2: PLAN During the reading and noting time you should aim to make a plan of how you will answer the exam. Eg. Question 1: A seeking to show existence of contract: Offer Acceptance (issue with conduct as acceptance – Empirnall) Consideration (issue of past consideration) ITCLR Etc…
12. Exam – Writing Time Introductions and Conclusions: show the examiner you know what issue the problem gives rise to. Eg, Angus (A) will argue that cutting off the water supply is a breach of the covenants implied in to all leases by the common law (CL) of quiet enjoyment (QE) and non-derogation from grant (NDG). Eg, Given that Ian can satisfy there is a SEK, A, the vendor, will hold the bare legal estate on trust for Ian (Lysaght) and specific performance may be ordered to compel A to complete the sale. While A owns the property at law, Ian is the owner in equity.
13. Exam Use headings and new paragraphs for each new topic! Question 1: Luke may have rights over the five hectares in the northern corner of Greenacre through adverse possession Luke will need to show he had an inchoate fee simple for 15 years (s.8 LAA) Dispossession Time starts running Physical possession Intention to possess
14. Exam Discuss the liability of different parties separately. Eg. if one problem gives rise to causes of action against two people, discuss all the liability (inc defences and remedies) of one person, and then move on the second person. Where you repeat yourself, write ‘as above’ to save time. Also, don’t forget to abbreviate to save time! K = contract Breach of fiduciary duty = BOFD Property Law Act = PLA
15. Exam - Tips Always state the law – it may seem redundant, but it will get you easy marks. …It must therefore be shown that A owed X a fiduciary duty. Fiduciary relationships may exist in accepted categories or proven in fact. It appears that A and X may be in the accepted relationship of partner/partner (Chan v Zacharia). Vs. A and X are in a partner/partner relationship.
16. Exam Tips Where possible, use case names and judges. Equitable estoppel requires the establishment of six elements (Brennan J in Walton Stores). Test (for QE): whether there has been ‘substantial interference’ (Hill J in Hawkesbury). Fiduciary indicators per Mason J in USSC.
17. Exam Tips Policy points – where you have been taught a policy point, or a strong dissenting judgment, it can be useful to mention these in your exam. Acceptance – battle of the forms. Court applies traditional approach of final formed signed creates the contract. However, note Denning L’s dissent… Equity – BOC – the dominant view in Australia is that there is no requirement of detriment…
18. Preparing for Policy During semester Keep a list of policy issues mentioned by lecturers or that are found in the cases Read and summarise the additional materials Be aware of any “real world” issues surrounding the subject
19. Types of Policy Questions Description or Historical Answer What is the law? How should the law be Developed? Predictive Questions Where is the law heading? Normative Questions Is this law good or bad?
20. Preparing Policy Exam Notes - Tips DO NOT merely take in your long notes and summarised sources Stick to the Reading Guide Develop a separate set of structured “policy notes”
21. Preparing Policy Exam Notes – Structure Group your policy notes topic by topic or issue by issue, depending on what appears most appropriate for the subject Structure is Key – take all the sources relevant to the issue and organise your notes as follows Historical Context Relevant Law on the policy issue Arguments for Arguments Against Options for Reform
22. Policy in the Exam Work out your timing and percentage Should I write the essay first? Reading Time – PLAN your answer Dissecting the Question What are the issues? Draw up a sketch of your answer (2 – 3 minutes)
23. Policy – Writing the Essay Style Tips Use Headings Be concise Use plain English Stick to the Reading Guide Be concise and to the point Make sure you are bringing each of your points back to what the question is asking
24. Policy – Essay Structure Introduction Body P 1: State the Relevant Law Keep Separate Paragraphs for Separate Ideas For each issue: address arguments for and against Identify options for reform Conclusion