Study Skills Seminar Keara Stretton (Equity) Matt Hearn (Evidence)
Study Skills SeminarKeara Stretton (Equity)
Matt Hearn (Evidence)
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.
Example – long notes Felthouse v 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…
Example – short notesSilence by itself cannot be acceptance:
Felthouse v Bindley (1868)
Checklists and FlowchartsThese will help you memorize the steps required
to make out a cause of action.
Eg: Breach of Fiduciary Duty has 5 steps.Fiduciary RelationshipScopeBreachDefencesRemedies
Memorizing the subjectSTART 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.
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
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
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.
The Exam – Reading TimeSTEP 1: READING THE PROBLEM
On first reading…
On second reading…
Work out “writing minutes per mark” and your timing for each question
The Exam – Reading TimeSTEP 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…
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.
ExamUse 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
ExamDiscuss 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
Exam - TipsAlways 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.
Exam TipsWhere 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.
Exam TipsPolicy 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…
Preparing for PolicyDuring 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
Types of Policy Questions Description or Historical Answer
What is the law? How should the law be Developed?
Predictive QuestionsWhere is the law heading?
Normative Questions Is this law good or bad?
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”
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 followsHistorical ContextRelevant Law on the policy issue Arguments for Arguments AgainstOptions for Reform
Policy in the ExamWork 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)
Policy – Writing the Essay Style Tips
Use HeadingsBe conciseUse plain EnglishStick to the Reading GuideBe concise and to the pointMake sure you are bringing each of your points
back to what the question is asking
Policy – Essay Structure
Introduction
BodyP 1: State the Relevant LawKeep Separate Paragraphs for Separate IdeasFor each issue:
address arguments for and againstIdentify options for reform
Conclusion