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