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LSS Study Skills Seminar
Tips for Open and Closed Book Exams
By Alexandra Jelley and Elise Caldwell
Closed Book – To Do List
• 1. Attend lectures! (If you haven’t now – it’s
not too late!)
• 2. Prepare for tutorials (Same as above!)
• 3. Prepare succinct notes
• 4. Do practice questions
• 5. Explain concepts
• 6. Do practice exams
1. Attend Lectures
• You need to give yourself the best possible
opportunity to learn course concepts. The
more you are exposed to them, the better
chance you will have of remembering them.
2. Prepare for Tutorials
• DO the tutorial questions for each weeks tute
– they are old exam questions!
• DO NOT leave tute questions until SWAT VAC!
• It is an opportunity to ask your tutor to look at
your answer structure, writing style and
application of concepts.
3. Prepare succinct notes
• If you are a “notes” person:
• Topic
Rule
Case
- One line re facts
- Ratio
- Any relevant obiter
3. Prepare succinct notes cont.
• If you are a “visual” person:
Easements
Stick these on your walls!
Property
Test from Re
Ellenborough
Nab v
Blacker
Fixtures
Test
3. Prepare succinct notes cont.
• You only need to know the ratio for each case.
• Case
E.g Re Ellenborough
Ratio
4 elements of an easement
(List elements)
4. Do Practice Questions
• Practice makes perfect!
• IRAC method
4.a) Issue
• The issue is the most important element in
the analysis and must be stated in a way to
show what is in controversy
• You should always use the following language
to guide your thought process: “The issue is
whether,” . . . then identify and state the legal
conclusion you want the court to reach.
• and connect to the “relevant” facts i.e. “When
A accepted the offer from B”
4.b) Rule
• After you have the issue, you must articulate the rule.
The rule and the facts are inextricably linked. Your
analysis of the facts will not make sense unless you
have first identified the rule which determines the legal
meaning to be attributed to those facts.
• Use building blocks for writing the rule of law, consider:
♦ Elements
♦ Definitions
♦ Exceptions to the general rule
♦ Limitations to the rule
♦ Defenses
4.c) Analysis
• Your statement of the rule will drive your organization
of the analysis. It is where you examine the issues
raised by the facts in light of the rule.
• Identify: The consequences of applying the rule – what
will happen? What are the consequences of this rule in
this situation?
• Which leads you to consider: What does application of
the rule mean here? What will be its effect?
• You simply match up each element you have identified
in the rule (in order) with a fact. Use words like
“because”, “as” and “since” to make the connection
between rule and fact.
4.d) Conclusion
• Make a conclusion – one sentence!
5. Explain concepts
• Get together with peers and take it in turns
explaining rules and concepts to each other. If
you can explain the rule without looking at
your notes, then you know it.
• Then try explaining it to your parents or
friends that do not study law – if you can
explain a concept to someone who doesn’t
have a background in the area, you truly
understand it.
6. Do practice exams
• Do at LEAST three
• One – with notes (to ensure you apply all the
correct rules and cases)
• Two – without notes (to test your memory)
• Three – under same time constraints as the
exam.
Open Book Exams
• How to use lectures for the end of semester
exam.
• What information needs to be in your notes?
• What do successful notes look like?
• How to use notes in revision.
• The dangers of an open book exam.
• Some general exam tips.
The Starting Point – Note Taking
• Attending lectures and tutorials is a must BUT
only a starting point.
• Pen, paper and active brain are absolute
essentials.
• Robotic note taking is NOT effective.
• Look for emphasis from the lecturer or
reappearing problems in tut questions.
• Consolidate after class.
• Get involved.
Fixing Ineffective Notes
•
•
•
•
Highlighting and annotating.
Find key points.
Find what needs to be clarified.
Use friends, unit materials, study guides,
sketch notes etc.
• On-line lectures.
• Talk to staff .
The Crucial Information
•
•
•
•
•
Summary/Checklist.
Relevant statutory provisions.
Ratio/Legal Principle; who, what and when.
Interesting/Relevant obiter.
Very brief fact summary .
An Example
Re Reference under s.11 of the Ombudsman Act
The ombudsman could refer a matter to the AAT for an advisory
opinion and the matter which arose was refusal of an
unemployment benefit to a school leaver. The delegate of DM
sent notification of decision carrying his signature and name of
DM.
Brennan J; Difference between delegate and agent is delegate acts
in own name. Signing as DM was denial of delegation and
attempt to be agent. Carltona principle only operates where
there is admin necessity and no admin necessity on facts
because delegation.
What Notes Should Look Like
• Checklist at the front. Use headings and colour
for different areas.
• Tabs should be used so things are easy to find.
• Substantive notes need a colour scheme.
• Notes should be in order which follows the
checklist.
The Checklist
•
•
•
•
•
Most important part of notes.
Maximum two pages.
Can use question or statement form.
Use memory joggers
Structure it in the same way that you would
structure an answer to a problem question.
Revision and Notes
• Useful revision tool.
• Should be prepared between 2 and 3 weeks
before exam.
• Should be used for all practice exams.
• Should aim to complete around 3 full practice
exams.
• You should go into the exam being very
familiar with your notes.
Notes and Revision Cont.
• Long Notes should be a starting point.
• These should be revised and condensed into
summaries that can then be used in the exam.
• A key part of revision is re-reading, editing and
summarising notes to create the exam-ready
version.
• Do this by topic and have a timeline which you
stick to.
Dangers of the Open Book
• Reproducing lecture notes.
• Putting slabs of law into exam with application
to facts.
• Being inflexible.
• Wasting time looking through notes.
• Bringing in too much material.
• Complacency.
Avoid the Dangers
• Use notes as a last resort.
• Leave your textbooks at home.
• Read the facts carefully and engage with
them.
• Use the facts in your analysis.
• Treat the paper as a real client in need of
advice.
• Be creative with legal argument in tutorial and
practice problems.
Approaches to Open Book
Good
• Succinct summaries which
are original work.
• Editing and Revision
Process.
• Lots of practice with
practical application.
• Factual analysis.
• Creative and original
response.
Bad
• Notes developed using
lecture slides only.
• Limited editing.
• Disproportionate amount of
time spent on note
preparation compared to
practical tasks.
• Overuse of notes in exam.
• Recital rather than analysis.
General Tips
• A good open book exam requires a lot of
work.
• Know what you need to do and how to do it.
• Have all the necessary exam information.
• Practice and be strict with timing.
• Use headings in your problem response.
• Focus on application and argument.
Happy Studying and Good Luck!