Student Perspective How to succeed in the course 5 May 2017

Welcome to the law Disposal of your body - Do you have the legal right to dictate in your will, how your body will be disposed of after your death? Answer - Smith v Tamworth City Council (1997) 41 NSWLR 680

Welcome to the law Intro The law is fascinating and practically useful in every day life. Doctrine of necessity - Dudley v Stephens (1884) 14 QBD 273 On 5 July 1884, Four people, Dudley, Stephens, Brooks and a 17 year old boy had to abandon their yacht and board an open boat in the the high seas 1600 miles off Cape of Good Hope They went 18 days without food and water, bar a turtle they caught, and rain water they trapped on their oil skins Dudley and Stephens suggested they draw straws to see who should be sacrificed and eaten, so the others could survive. Brooks dissented

Introduction Dudley and Stephens (Brooks dissenting), suggested they killed the boy because he was the weakest. Dudley, with Stephens consent, stabbed the boy in the throat and killed him. The three men then fed on the boy’s body for 4 days. They were rescued. On their return to England, Dudley and Stephens were charged with murder. Both argued defence of necessity (ie they had to kill the boy to survive). Court held that necessity is not a defence to murder. Lord Coleridge: “Though law and morality are not the same, and many things are immoral that are not necessarily illegal, yet the absolute divorce of law from morality would be a fatal consequence; and such divorce would follow if the temptation to murder in this case were held by law to be an absolute defence of it. It is not so.” “By what measure are the comparative value of lives to be measured? Is it to be strength, intellect or what…in this case the weakest, the youngest, the most unresisting was chosen. Was it more necessary to kill him than one of the grown men? The answer must be no.”

Agenda Introduction Past exam statistics Why people fail or drop out How to succeed in this course Study groups Study expectations

Agenda Assignment preparation & structure Example assignment Example exam summaries Preparing for exams Exam technique Student and lecturer questionnaires What you get out of the course Question and answers

Agenda Please don’t video or take pictures of this presentation. This presentation will be available on on Webcampus under Legal Institutions, under notes.

Introduction I completed completed this course in September 2014 I have four children (youngest is 1 year old) My partner, completed law in Germany (a civil law system). She completed this course in 2008 and now works as a Criminal Lawyer with the DPP I worked in the Commercial Litigation, and Insolvency team of one of the big firms after completion of the course I am currently working as a consultant on a private matter. I teach the tutorial program for Topic 4 Contracts I teach the tutorials in the Academic Support Tutorial Program

Exam Statistics Expectations

Past Exam Statistics Average over the last 2 semesters: However: Legal Institutions – 33% DNS, and of those that sat 16% failed Criminal Law – 23% DNS, and of those that sat 5% failed However: Legal Institutions - of those that sat, 26%, achieved a merit (65-74) and 9% a distinction (75 – 100) Criminal Law – of those that sat, 46% achieved a merit and 8% a distinction The purpose of this presentation is to give you some suggestions on: - How to avoid dropping out of the course, registering a DNS or failing - How to do well in the course

Subject Ranking Difficulty Topic Number Average Failure 1 Contracts 4 37% 2 Real Property 5 22% 3 Equity 7 21% Evidence 11 16% Legal Institutions * Source - LPAB Statistics. Based on average failure rates for the last two semesters (since closed book exams commenced for all subjects)

Tale of Two Subjects Real Property Conveyancing Mark 50’s 90’s Attended Lectures Missed 3 Attended all Subject guide Didn’t stick to subject guide Stuck to subject guide Prescribed readings Didn’t do readings for 3 lectures Read all Summarized Poor summaries Didn’t summarize 3 lectures. Summarized everything Problem solving exam Practice Surface review Extensive problem solving practice Spotting issues Did not spot all issues Spotted all issues IRAC structure Didn’t stick to IRAC Used IRAC to structure all answers Time management Ran out of time, didn’t answer whole questions Finished on time

Time Management Expectations

Time Management - Expectations Throughout the course allow approximately 8 hours of study for each weekly lecture broken up as follows: 3 hours for the readings (some take more) Reading your notes, prescribed text, case extracts 1 Hour to review and tidy up your lecture notes after the lecture 2 hours to summarize the readings, legislation and case extracts 2 hours to prepare the final cut of your exam summary to 1 - 1.5 pages for each topic Note Assignment and exam prep are separate to the above

Time Management - Expectations Get Organized At the start of the semester diarize the following key dates: Date of your lectures Study break Date you need to commence your assignments Date your assignments are due Date you need to commence your exam preparation Date of your exams When and what you are going to study (set out and work to a project plan) Discuss the course with your family and work. Their support and understanding is critical to succeeding in this course. Set expectations on: What you need to do throughout the semester (set their expectations) The weeks/ weekends you will be tied up working on assignments The weeks/weekends you will be preparing for exams The dates of your exams (fact you will be stressed beforehand) When you need study leave Example 1 – Sample time table

Attending Lectures Benefits

Attending Lectures Benefit of attending lectures The LEC has found that students who fail to attend lectures are the most likely to fail Go to all lectures. If you miss a lecture go to the weekend school to make it up. During the lecture the lecturer: Tells you what they want you to know Summarizes the course (they summarize the text and case principles) Tells you the key cases to know for the exam Gives you hints of what will be in the exam, or you need to know for the assignment You get to ask the lecturer questions You get to form relationships with your peers, feel accountable to them, and stay connected Its easy to let things slide or drop out if you don’t attend lectures

Throughout The Semester Weeks 1-12/13 Study Routine Readings Summaries

Throughout the semester The subject guide is your bible. Base ALL of your study around the subject guide. It is your course bible. Print it out, bind it, and take it to all of your lectures, refer to it all the time. More on the subject guide later tomorrow Read the prescribed readings before the lecture (allow 3-4 hours for readings. How many pages can you read in an hour?) Read prescribed text Read prescribed legislation Read case extracts. Judgments are a Judge’s “EXAM ANSWER” for other judges. The judge sets out the issue/s, relevant legislation, relevant precedent case law, apply the law to the facts, and come to a conclusion The factual matrixes of exam questions are based on real cases Reading case extracts helps you spot the issues in exam questions Judgments often review the relevant key principles from other cases. So this is a great source of revision.

Throughout the Semester Attend the lectures and actively take notes (see the recording feature in your Office Word program) Review and tidy up your notes within 48 hours of the lecture (using headings from the subject guide). This is the best way to memorize and lock in the content Summarize the prescribed readings (text, legislation & case extract) in accordance with the subject guide headings. Settle the first cut of your notes for that lecture. Summarize the notes for each lecture to 1- 1.5 pages maximum. Re read your notes before the next lecture and in the weeks before the exam.

Study Groups

Study Groups Join a study group of 3 or more people Study group and the assignment Meet your study group 3-4 weeks before the assignment to discuss the assignment Share a basic bullet point outline of the key issues in the assignment with your study group Do not share your final assignment with anyone, do not post it on Facebook. Study group and the Exam Meet your study group a couple of time 4 -6 weeks before the exam to review problem questions and discuss topics. Don’t meet your study group 3 days before an exam it can confuse and stress you (lock yourself in a cave)

Preparation Answering the question Structure Assignments Preparation Answering the question Structure

Assignment Preparation Each subject is assessed out of 100, 20% assignment 80% final exam. The assignment is a great opportunity to put marks in the bank. Aim to get 13 out of 20 (or better). This gives you a buffer of marks for the exam. Commence working on your assignment at least 4 weekends before it is due Allow 2 weekends for the reading Allow one full weekend to draft the assignment Allow another one day to review and polish the assignment. Ask yourself “have I answered the question”. Allow one night, to sleep on the draft, and amend before submitting Plan to submit 1 week early. This gives you a buffer if you get sick etc.

Assignment Preparation Read the assignment question several times Highlight the issues Read your relevant lecture notes (the lecturer is telling you what they want to see in the assignment) Read the question again and highlight any more issues you see Read the text and relevant cases, and for extra marks try do some research (does not apply to the first LI assignment) Prepare a bullet point outline of the issues and law. Discuss your outline of issues with your study group (Don’t post on the Facebook)

Assignment Structure Provide a structured cogent answer to the question (for each issue) Overall introduction - listing the issues you need to address to answer the question Issue – Identify the issue/s Law What is the relevant legislation? Make reference to the statute law – identify which section you are considering (and why you are starting with that section). If parts or phrases of the section are particularly relevant to your answer identify those parts or phrases in your answer without writing out the whole section; What is the relevant case law (use lecturer’s cases first)? – state the principle in your own words, and cite the case. The relevant law/case law will often contain a test that must be satisfied – state the test clearly using your own words

Assignment Structure Apply the law – apply the law/test to the facts Conclusion – Briefly state your conclusion on each issue Overall conclusion – If a number of issues, provide an overall conclusion – ANSWERING THE QUESTION Complete citations, and bibliography Review, polish and submit Tip: In your assignment and exam, cite the cases referred to in lectures and in the subject guide (lecturers are looking for this) Please note the above process may not apply to the first Legal Institutions assignment. Example 1 - Contracts assignment structure

Exam Preparation 8 weeks to exam Exam summaries Past Papers Technique

Top 9 Reasons People Fail Exams Haven’t attended lectures Haven’t read the prescribed readings, legislation and case extracts Haven’t allowed enough time to memorize their summaries Haven’t practiced problem questions under exam conditions Don’t spot the issues Don’t answer the question Don’t provide a structured cogent answer (fail to use IRAC) Spend to much time writing out slabs of law, rather than simply stating the legal principle and focusing on applying the law Poor time management in the exam - running out of time Use the reading time to allocate the time for each question, and stop that question when the time is up! Remember the easiest marks are the first 80% (16 marks) of the allocated marks for that question. Don’t go over time chasing the last 20% (4 marks) Tip – Following the exam, apply for an interview to meet with the lecturer to see what they are looking for and what you can do to improve

Pre Exam Preparation 8 weeks before exam Closed Book Exams Closed book exams are easier than open book exams The key to succeeding in closed book exams is to do the following: Summarize into simple layman's terms. If you can’t explain a principle in simple terms to your partner you don’t know it. Summarize with the exam in mind ie when you summarize create sound bites of the principle for each case, or test for the exam eg. The doctrine of necessity is not a defence to murder; Dudley v Stephens Summarize your summary for each lecture (readings, case extract and lecture) to 1-1.5 pages Give yourself time to memorize for the exam. You don’t want to find yourself finishing your summaries the night before the exam, leaving you that night to memorize them! Carry around the subject guide throughout the semester, with simple prompts of the legal principles written next to each case

Pre Exam Preparation 8 weeks before exam 8 weeks before the exam Make your own nutshell book – don’t rely on library nutshell books, they are a false crutch Summarize all of your notes (lecture notes, prescribed readings, legislation and case principles) to a maximum of 1 – 1.5 pages for each topic (ie 12 lectures in the semester = 12-18 pages of final exam summaries for the entire subject). Review and start memorizing your final summary (key sections of legislation, principles and cases) Do the above, while you continue your prescribed readings and summaries for the remaining lectures

Pre Exam Preparation Final 2 weeks before the exam Plan to finish all of your prescribed readings, summaries etc at least 2 weeks before the final exam. Time yourself handwriting one page of typed notes. Tells you the amount of typed content you can fit into a 40 minute question in the exam. Read and memorize your personal exam nutshell every morning in the final 2 weeks before the exam. Problem question practice Problem questions are great final step in exam prep They are the best way to test you what you have learned and ability to channel it into a structured bite sized exam answers. Warning problem questions should not form the basis of your study. The best prep is to do the course work. Do as many problem questions as you can (allow 1 day to complete 2/3 problem questions Do problem questions under exam conditions, by handwriting, with a stopwatch. You need to train your hand to write for exams! This gives you an idea of time limitations. Practice applying the law to the questions. Critical!

Pre Exam Preparation Final 2 weeks before the exam Do first problem question open book, give yourself 45 minutes to answer the question. Then take 45 minutes to review your notes and tidy up your problem question answer. Do the second problem question closed book. After you have finished, spend a further 45 minutes reviewing your notes and correcting your answer. Repeat for the third question.

Final Exam Preparation 2 weeks before the exam Prepare a course “Overview MAP” of the subject linking relevant principles etc. This locks in the course Print out and bind the subject guide, your final exam summary, and first draft of your summary. Create an index on the first page of your final summary so you can see how the course hangs together Carry the above with you on the bus or train and continue memorizing for the the exam Calculate the time you can spend on each question and part thereof in the exam 3 hour exam with 4 questions = 45 mins a question Less 5 mins reading = 40 mins a question At 20 marks for 40 mins - a 5 mark part to a question is worth 10 mins of time

Pre Exam Summaries Example 2 – Conveyancing Subject Guide Example 3 – Conveyancing Lecture summary

Process Past Papers Technique During The Exam Process Past Papers Technique

In The Exam Write down the finish times for each question on the front of exam paper. Eg 2.00pm start, 3hour exam, 4 questions equate to 45mins a question Q1 finish 2.45, Q2 finish 3.30pm etc Choose the questions you want to answer Allocate time allowed for each part of the question (ie write down how long you can spend on a 5, 7, 10 mark question) Pick the first question you want to tackle. Carefully read the question again, and highlight the issues. Critically make sure you answer the question. Prepare an answer plan – planning is everything Answer the question, for each issue, using IRAC method

In The Exam Stop (pen down) when the allocated time on the question is up. This is critical. The first 80% (16 marks) of the marks are the easiest to get. If there are 4 questions in an exam and you run 5 minutes over for the first three questions, then you only have 30 mins or 30% less time to answer the last question which is also worth 20marks. Ie you have cost yourself 7 marks Don’t run over time on a question chasing the final couple of marks, move on. Help the examiner to give you marks. Write legibly – allows examiner to give more marks. Write on every second line if you have bad hand writing. Underline or highlight key cases references and legislative If you can’t remember a case name, state the principle you will get marks If you are running out of time, then as a last resort in bullet points state the issues, relevant principle and case citation – more marks

Post Exam Post Exam Lecturer Interview After the exam apply for a meeting with the examiner (see course book). Use the meeting to: See what the examiners are looking for Find out how you can improve your exam technique If you fail a subject Don’t quit Some of the best practitioners have failed a subject

Student Questionnaires 4. Please see student questionnaires.

Lecturers Questionnaires 5 Lecturer’s questionnaires on why students fail 6 Lecturer questionnaires closed book exams

Further Sessions At 12.00 midday on 6 May 2016 (tomorrow) - I will be running two 1 hour seminars on how to take advantage of the subject guide, taking notes, summarizing two cases and the LI course generally. Later in the semester – I may be conducting a 4 hour study skills workshop on the following: Preparing for the exam Structuring an argument using IRAC Applying IRAC to some problem questions. If any of you are doing Contracts this Semester, I will be conducting the Contracts Tutorials for that course.

What you get out of the course An ability to get straight to the issue of work related problems An appreciation of your time, and time management A new career in law/or appreciation of the law in your current role Greater opportunities in your career, based on the respect the workforce has a law on your CV A great sense of personal satisfaction. Studying law is immensely rewarding.

What you get from the course An opportunity to meet a range of people you would not normally meet (my library friend) A different way of thinking Admission to an incredibly well respected profession Two success stories Graduation ceremony Admission ceremony

Questions This presentation, student feedback, lecturers feedback, summary templates and other material is on the LEC website. Login to the LEC site, Click on “notes” section of Legal Institutions

Persistence Nothing in this world can take the place of persistence. Talent will not: nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. ……..Persistence and determination alone are omnipotent. Calvin Coolidge

Good Luck Thank you for your time Enjoy your studies and good luck! Now please sit tight for two short student perspective talks from: A current student Another past student