I find this article quite useful especially for law students :)
Reflecting On
The Law
By Shad Saleem Faruqi
The semester examination has just ended at my
university. Working late till the wee hours of many mornings, I completed the
evaluation of several thick bundles of examination scripts. As always, a fair
number of answers were illegible, incomprehensible and terribly disorganised.
FOR all of us in the teaching profession, the
periodic ordeal of marking examination scripts arouses suicidal as well as
homicidal instincts!
Many students fail to exhibit basic knowledge of
the subject and, understandably, fail the examination. Others have undoubted
ability but not the technique or methodology of writing effective answers. It
is to the latter group of law students that I wish to address today’s column.
Let me begin by saying that law is “reasoned
argument”. To perform satisfactorily in the field, some special skills and
techniques need to be cultivated.
Language: A law student should understand that oral and written communication
skills are absolutely indispensable for the effective practice of the law. Law
students should seek constantly to improve their command of the language by
reading newspapers, law books and law journals.
Original sources: A good law student buys her own textbooks and statutes and does not
rely entirely on class handouts. She constantly supplements class handouts with
self-study from textbooks and adds to the “bank account” of knowledge opened by
the lecturer for the students.
Art of reading: Reading is an art. Unless we have a smart strategy, it is entirely
possible to get lost in the undergrowth. In reading a book or article, the
student must avoid beginning at the beginning and plodding to the end. She must
first look at the headings and sub-headings to get a broad feel or outline of
what the chapter contains.
She must proceed from the general to the
particular; from the woods to the trees. If an easy book or handout is
available, she must read that first to get a background.
Self-study: Her study techniques must have three aims. First, to understand the
basic principles of the law. Second, to recall basic ideas. To achieve this she
must summarise the main principles or ideas in simple diagrams, charts, “magic
words” or acronyms. These “scaffoldings” or outlines must be committed to
memory. A third aim must be to evaluate existing materials and to highlight the
flaws in the laws.
Attending tutorials: Successful students go prepared to class bubbling with queries. During
the class or tutorial, they don’t just hear, they listen. They jot down
prolific notes. They ask questions orally or by e-mail or in other written
form. They participate.
Study groups: Successful law students form informal groups for study and revision.
They try to be in a group of hard workers and independent thinkers. They
encourage differences rather than conformity. They expose their understanding
to scrutiny by others.
Summarising notes: Organising, systematising and summarising knowledge is the best way to
master it. In preparation for the examination, a good student summarises each
topic on one A4 page or on index cards or uses flow charts or diagrams to
organise the vast amount of material collected.
For example, the whole topic of constitutional
supremacy in constitutional law can be summed up in six points:
> Article 4(1) and 162(6) on supremacy of the
Constitution
> Fundamental rights
> Federal-state division of powers
> Judicial review
> Amendment process
> Darurat (emergency).
These six points can, in turn, be summed up in
one magic acronym AFFJAD to help you to recall the broad contours of the topic
effortlessly.
Likewise, important cases could be summed up in
half a page with a few lines each on three important parts of each case: the
facts, the issues, and the court’s decision on each issue.
Past years’ examination papers: Familiarity with existing patterns of evaluation helps greatly in
preparation. A successful student obtains and analyses past years’ examination
questions. She prepares charts to discover the examiners’ preferences or
patterns. She is, however, aware that examiners change from year to year and are
not bound by patterns or precedents.
Practising written answers: A good student solves some past years’ questions and submits them to
her lecturer for evaluation. This way she seeks to learn by simulation. She
submits her knowledge as well as her methodology to sympathetic scrutiny.
Effective presentation: Examinations are like life. Substance is important but so is show! An
organised, easy-to-read presentation always secures higher marks than one that
is all jumbled up, disconnected and disorganised.
In writing her answers in the examination hall,
a wise student does not start writing the moment she is allowed to do so. She
spends five minutes organising her answer; drawing up the scaffolding or the
outline on the left page of the answer book.
ATACR formula: For each essay or problem question, a wise student follows the ATACR
formula.
“A” stands for analysis or breakdown of the question or problem into
its constituent parts. The more issues the student spots, the higher her marks
are likely to be.
“T” refers to theory or the law relating to each
issue identified above. The theory and the law are found in statutes, decided
cases and juristic works.
The next “A” stands for application of theory or
law to the facts of the case or question at hand.
“C” refers to conclusion on the point being
discussed and “R” signifies the remedy or course of action to be recommended.
Exam fever is coming again! Good luck!
