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Division of Powers – Examinations
Students can learn to
improve their results on divisions of powers exams.
There are certain
typical mistakes that contribute to lower marks. The most important
mistakes students make are:
·
missing
critical issues in analyzing the examination problem;
·
addressing
critical issues in a superficial manner, and/or
·
writing an
unclear answer.
Questions that present a fact pattern and require students to
analyze various legal issues are called “issue spotters”. Typically, issue
spotters present students with a story line and require students to “Advise
X”.
To answer an issue spotter:
- Read the question carefully and identify all
of the issues raised in the problem.
- Make a careful outline detailing how you will
deal with each issue.
- Prioritize each of the identified issues in
your outline.
- Within your outline, for each issue, develop
the arguments for helping X’s case and that harm X’s case,
- Select cases that support each of the
arguments.
- Identify areas within each of the issues
where the applicable case law does not fully resolve the problem.
(Your professors often try to bring out issues for which the cases
provide no clear or not very clear answers, in order to exercise your
analytical skills).
- In each area, identify constitutional
principles, policies, theories, doctrine and academic writing to
support your arguments, particularly where the cases provide no clear
answer.
- Where there are complexities, identify them.
Show how to resolve the complexities.
- Apply the cases, arguments, principles and
policies identified above to resolve each of the important issues in
the fact pattern.
- Try to leave time to edit your answer to
improve clarity. Reorganize your answer for a logical flow. Simplify
your answer. Add headings to help guide your reader. Make the written
answer easy for the reader to understand. Communicate simply,
clearly, agreeably.
For more information on
answer examination questions:
·
Model Exam Answers
·
Past Exams
·
Good Legal Writing
·
How
Are Examinations Graded?
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