Study and

Exam Success
For Law Students

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 Preparing for revision

Study and Exam Success

by Lee Roach

Introduction: Becoming a Good Lawyer

There are two broad aims when undertaking a law degree. The primary aim is to acquire the skills and
knowledge necessary to become a good lawyer. The secondary aim is to demonstrate and apply those skills
by passing your assessments. Whilst passing assessments well is obviously important, you should studiously
apply yourself to the task of becoming a good lawyer, and resist the temptation to focus exclusively on your
assessments.

This booklet aims to provide advice on how to effectively revise for and undertake examinations. It will discuss
the stages of revision and offer hints and tips on exam technique. However, the best advice that can be offered
is this – do what it takes to become a good lawyer. The students who become good lawyers attend lectures,
they prepare for and participate in seminars, they volunteer to take part in moots, and they give their studies
the time and effort they require. Becoming a good lawyer is the strongest foundation for exam success.

Preparing for Revision

Coping with stress/nerves
For many students, examinations are a significant source of stress and anxiety. Stress can lead to compromised
exam performance, which further increases stress levels. It is a downward spiral that must be confronted and
the best way to confront exam-related stress is to ensure that you are fully prepared for whatever questions the
exam may pose. The following advice can help but it is recommended that you consult a dedicated legal skills
text (such as the excellent Legal Skills, Finch & Fafinski) for more detailed advice. In addition, the Concentrate
series provides subject-specific revision guidance, while Concentrate Q&As offer realistic advice on exam
technique and how to structure your answers alongside a variety of sample exam questions.

When should I start preparing?

Contrary to what many students believe, revision preparation starts at the beginning of the academic
year. Attendance at lectures and full preparation for, and participation in, seminars provides an invaluable
foundation for revision for three reasons. First, it provides you with a more complete set of notes from which to
revise. Second, memorization of material is quicker and easier if you have studied it before. Third, the lecturer
may provide hints and tips on exam content and technique.

  Study and Exam Success  3

Preparing for revision

Exam format/rubric
In many universities, the examinations are written months before the exams take place. Your lecturer may
be happy to let you know the rubric of the exam. If so, you should take the opportunity to find out as much
information about the exam as you can. The more you know about the exam before you go into the exam hall,
the more complete your revision preparation can be.

Checklist
Obtaining answers to the following questions will provide a firm foundation upon which to base your revision:
✔ Is the exam seen/unseen, open-book/closed-book etc.?
✔ Can any materials (e.g. a statute book) be brought into the exam? Can those materials be annotated (e.g.
highlighting, underlining)?
✔ How long is the exam? The exam length can often provide guidance on the level of depth required of
your answers.
✔ How many questions are in the exam paper? More questions means more choice, but also more revision
coverage.
✔ How many questions must be answered? Answering three questions in a three-hour exam is a very
different prospect to answering two or four questions in the same amount of time.
✔ Do you have a free choice of questions or are there any compulsory questions? Compulsory questions
can be a gift if the topic of the question is known. If the topic is unknown, they can be a burden, as you
cannot afford to leave out any examinable topics when revising.  

Review the syllabus

In terms of defining the scope of your revision, the starting point is the unit syllabus. Whilst you should ensure
a good coverage of the syllabus, it is likely that you will need to review the syllabus and prioritize topics. Bear
the following in mind when deciding what topics to prioritize:

• Has the lecturer or seminar tutor given you any clues as to what topics will or will not be examinable?
You can only obtain these clues if you attend lectures and seminars.
• The number of lectures/seminars devoted to a topic can give you a clue as to the importance of a topic,
and hence its likelihood of appearing in the exam.
• Most legal subjects have a topic that is always examined (e.g. one cannot imagine a tort exam that does
not contain a question on negligence).
• Legal topics do not exist in isolation from each other, and exam questions (especially problem ques-
tions) may cover several topics. Broad revision coverage will help ensure you are in a position to answer
questions on multiple topics. Also, if you decide to not revise a topic, be sure that it is an isolated topic
that will not form part of a multi-topic question.
• The number of topics you revise should be greater than the number of questions you are required to
answer. Revising three topics for an exam that requires you to answer three questions is an unwise gam-

4  Study and Exam Success

 The revision timetable

ble. Even if your chosen topics do come up, the exam question might be particularly difficult.
• The practice of question spotting (i.e. trying to identify what questions will come up, usually by looking
at past papers, and revising those questions alone) is extremely risky and should be avoided at all costs.

The Revision Timetable

Exam periods are usually set in place before the commencement of the academic year. Accordingly, it is easy
for you to find out when your exams will take place and how much time you have to revise. Once you know
which subjects are assessed by examination and you have determined the topics you intend to revise, it is
advisable to create a revision timetable.
The following steps should help you to create an effective revision timetable:

• Determine an appropriate start date for the timetable, which gives you plenty of time to cover the rel-
evant material. This will depend strongly on how many exams you have to sit.
• Determine an appropriate end date for the timetable. A good choice would be a day or two before the
first exam. Do not factor in gap days between exams for revision, as this will cause you to focus too
much on your first exam.
• Divide your days into revision sessions (e.g. half-day sessions, or morning, afternoon and evening ses-
sions).
• Either allocate consecutive sessions to a single subject, or alternate sessions between subjects. The for-
mer allows prolonged concentration on a subject, but you may forget some information as you near
the end of the timetable. The latter is less focused, but more varied, so there is less risk of boredom
setting in.
• Take into account any other commitments you might have (e.g. remaining lectures/seminars, course-
work submission, employment etc).
• Ensure that you factor in rest days. Taking breaks from revision is as important as revision itself. An effec-
tive revision timetable will not help if you burn yourself out before the exams.
The following example shows one possible way that you could construct a revision timetable.

Revision tip
Different subjects may need more/less revision time. You may want to allocate more revision time to subjects
that (i) you find difficult, (ii) are assessed 100% by exam, or (iii) contribute a greater number of credits to your
overall degree. However, do not neglect subjects simply because they do not meet any of these criteria.

  Study and Exam Success  5

 Mon Tues Weds Thur Fri Sat Sun
1 2 3 4 5 6 7
ELS Crim Tort Con Tort Work Work
Revision Timetable
The revision timetable

6  Study and Exam Success

Con Rest ELS Crim Rest ELS Con

8 9 10 11 12 13 14
Revision Crim ELS Con Tort Con Work Work
schedule
for April
Tort Rest Crim ELS Rest Crim Tort
ELS = English
Legal System 15 16 17 18 19 20 21
Crim =
Criminal Law
ELS Crim Rest Con Tort Work Work
Con =
Contract Law
Con Tort ELS Crim Rest ELS Con
Tort = Tort
Rest =
Rest day 22 23 24 25 26 27 28
Work = Rest Tort Con Tort Con Work Work
Go to work

Crim ELS Crim ELS Rest Crim Rest

29 30
Tort Con

ELS Crim
 Revision

Revision

Revision notes
For many students, the making of revision notes is the only revision technique that is used. Whilst repeated
reading of revision notes is not the most effective method of learning (as we shall see), a good set of revision
notes will provide a firm foundation for your studies. Lecture/seminar notes will provide the basis for your
revision notes.

Once your lecture/seminar notes are complete, you should begin condensing that information down into a
series of memorable points. Additional research, (e.g. further case law, academic opinion etc.) should also be
incorporated. By condensing your notes, you will make revision more manageable and the act of condensing
the notes will begin the process of committing the information to memory.

Active versus passive learning

A passive learning technique, such as reading through revision notes, can aid with your revision, but such passive
techniques can quickly become boring, at which point their effectiveness, and your motivation to continue,
greatly diminishes. Put simply, passive learning
techniques, whilst easy, are not particularly effective Revision tip
at improving understanding and the recollection If your lecture/seminar attendance has been
patchy, it is likely that your notes will contain some
of information. It is widely acknowledged that
significant gaps. You will have to fill in those gaps,
utilizing active learning techniques is a much more which will eat into your revision time and increase
stimulating and effective method of revising. Active your workload. This is why it is so important to take
revision requires more initial thought and effort than useful lecture notes and fully prepare for seminars.
passive revision, but the rewards are worth it.

Active revision requires you to use the relevant information in a more creative and effective manner by
devising strategies to aid understanding and recall. There are numerous active learning techniques (e.g.
creating flashcards, audio notes, quizzes etc.), but two of particular note are mnemonics and the use of visual
representations, such as diagrams, tables and flow charts.

  Study and Exam Success  7

Revision

Mnemonics

A mnemonic is simply a revision technique that uses patterns, associations and phrases in order to aid memory.
Most of us already use mnemonics. For example, most of us remember what colours are in a rainbow through
the use of the phrase ‘Richard Of York Gave Battle In Vain,’ with the initials corresponding with the initials of
the colours. Using phrases, acronyms and associations in this way helps us to quickly memorize information.
Create mnemonics to aid your revision. The following example demonstrates one possible way of doing this.

Example
Having trouble remembering the requirements for a valid contract? Try using the following mnemonic. First,
take the relevant information and turn it into an acronym or an abbreviation:
O = Offer
A = Acceptance
C = Certainty
C = Consideration
I = Intention to create legal relations
You can remember the abbreviation ‘OACCI’ by using the initials to make a memorable or unusual phrase, such
as Old Age Causes Chronic Indigestion. Alternatively, use the words to make a short story, such as ‘John’s offer of
marriage was accepted by Jane. She was certain John would make a good husband, so her answer did not re-
quire much consideration, and she had actually intended to propose to John anyway.’ Such techniques, though
initially appearing odd, are excellent at forcing information into our long-term memory.

Diagrams, tables and flow charts

Many people find that their retention and recollection of information is improved if they first received that
information via a visual format, as opposed to information conveyed through plain text. Turning legal informa-
tion into a visual representation can be an excellent way to commit it to your long-term memory. Diagrams can
present information in a way that is more appealing and can better trigger recall. Tables are especially useful if
you wish to compare several pieces of information. Flow charts are useful at letting you understand how differ-
ent aspects of a legal topic can fit together, or to help you clearly explain a legal procedure. For example, the
simple flow chart opposite can help you understand the process for determining whether or not an employee
has been unfairly dismissed.

8  Study and Exam Success

 Revision

Unfair Dismissal Flow Chart

Start

No Has the employer provided a reason for the dismissal?

Yes

Yes Is the reason deemed automatically unfair?

No

Does the reason come within one of the six prima facie fair
The dismissal is unfair No reasons for dismissal?

Yes

No Is the dismissal actually fair?

Yes

Does the dismissal comply with the statutory Disciplinary

No and Dismissal Procedures?

Yes

The dismissal is fair

  Study and Exam Success  9

Revision

Past exam papers

Past exam papers can usually be obtained online or through your university library. Answering past exam
questions is an excellent, but much underused, active revision technique, especially if you do so under mock
exam conditions. It allows you to test your knowledge in exam conditions and highlight any areas of weakness
where further revision might be needed. It allows you to improve those skills necessary to attain high marks in
exams (e.g. answering essay/problem questions, writing legibly, identifying legal issues, structuring answers
quickly). It also allows you to identify any weaknesses in your exam technique, especially if a lecturer is willing
to mark the answer and provide feedback.

Some students may question the benefits of answering past paper questions, arguing that unless the same
question were to come up in an exam, the exercise would be a waste of time. This is missing the point. An-
swering past exam questions is not primarily about learning the law (although this is a benefit) – it is about
improving those skills that can be used to answer any exam question. Judicious use of past exam questions
can, with the appropriate revision, arm you with the skills you need to undertake any question that the exam
throws at you.

Make use of what is already available

Many textbooks published by OUP pose essay or problem questions, with outline answers posted on the ac-
companying Online Resource Centre. This is a useful way of testing your understanding, not only as you go
along, but when it comes to revising as well.
www.oxfordtextbooks.co.uk/orc/law

Oxford’s Concentrate Q&A series give you the opportunity to practise and refine your exam technique, by pro-
viding a wealth of problem and essay questions with realistic model answers. Written by experienced lecturers
and examiners, every Concentrate Q&A also includes diagram answer plans, tips for winning extra marks, and
detailed advice for tackling your coursework assignments. Supported by a range of online resources including
additional questions with answer guidance, animated answer plans, flashcard glossaries, and more, Concen-
trate Q&As provide the perfect preparation for exams.

The Concentrate series of revision guides are supported by online resources designed to test your understand-
ing. Diagnostic tests help you to focus your revision where it is needed most; annotated answers enable you to
put yourself in the examiner’s shoes; hundreds of multiple choice questions give instant feedback; and there
are full answers to the problem and essay questions posed in each guide. When time is of the essence, in-
teractive flashcard glossaries and flashcard cases are downloadable to your phone so you can test yourself
anywhere.
www.oup.com/lawrevision

10  Study and Exam Success

 Question types
A heading

Question types
Throughout your university study, you will come across a variety of assessment and question types. It is
essential to know ahead of the exam what type of questions to expect so that you can tailor your revision
appropriately.

Essay questions

Most of your law exams will contain the option of essay questions. Often these questions will take a quotation
or statement as a jumping off point, asking you to discuss the various issues arising and to draw a conclusion.
Examiners are looking at your ability to critically analyse the law: do not fall into the trap of simply describing
the law.

In answering essay questions you need to demonstrate that you can articulate a clear and structured argument
that leads to a logical conclusion. Using the PEA (point, evidence, analysis) method can help organise your
thoughts and provide structure to your argument: for every point or issue you discuss, provide evidence for
your argument and analyse its strength or weakness.

Sometimes essay questions might ask you about your opinion or how you think the law should be reformed. Be
careful: the examiner still wants to see your legal reasoning skills so any opinion you advance should be well-
reasoned and backed up with evidence. It is important in essay questions to demonstrate that you understand
the academic debates in the subject area, drawing on your wider reading to add authority to your arguments.

Problem questions

Problem questions offer a different challenge and require a slightly different structure. At first glance problem
questions may seem like a more daunting prospect because they deal with multiple issues of law. However, if
you work through the question logically and approach your answer with a clear structure, there is no reason
they should be more difficult.

The IRAC method will help you focus your answer and walk the examiner clearly through your reasoning. First
take your time going through the problem and identifying all the legal issues raised. Then taking each in turn,
outline the issue (I) and identify the relevant law (R). Once you have done this, consider how the case law can be
applied (A) to the problem and draw a conclusion (C) on the issue. Repeat this process with each issue raised.
You should also make sure to conclude your answer as specified in the question: have you been asked to advise
one of the parties? Or do you need to assess the legal situation? Your conclusion may not always be clear-cut:
consider this an opportunity to demonstrate your legal reasoning skills, explaining why the issue is ambiguous
and justifying your conclusion.

  Study and Exam Success  11

Question
A headingtypes

Multiple choice tests

You may come across multiple choice assessments during your time at university. Instinctively they may seem
like an easier assessment but do not be fooled! You will still need a thorough understanding of the law. At
university level, you will often be asked to select the single best answer: this means that while all the answer
options are correct to some extent, there is one option that is the most correct. If you know your exam will in-
clude multiple choice questions, make sure you practise as many as possible beforehand to familiarise yourself
with the format.

Open-book exams

While it is common to be allowed ‘clean’ statute books in university exams, there are some situations where you
might also be allowed to take in extra materials. For these open-book exams you may be allowed lecture notes,
textbooks, or course outlines. First and foremost, make sure you are clear on what you can take in to the exam,
and to what extent you can annotate, highlight, or tab your materials.

While open-book papers give you the security of having extra materials with you, do not rely on being able to
find new information in the exam. Prepare exactly as you would for a closed-book exam. It would be advisable
to sit practise papers under exam conditions to check you can quickly locate relevant sections in your materials.
Finally, you are being tested on your understanding, not your recall. Use your materials strategically to expand
on your understanding and demonstrate what you know, do not just quote anything and everything that
might be relevant.

Take-home exams

You may also encounter take-home exams during your legal studies. Take-home papers will give you much
more time to complete your answers, and the chance to use as many extra materials as you want. That being
said, you must prepare thoroughly ahead of the exam and revise as you would for a normal exam: trying to
learn a topic from scratch in the time you could be using to write your answers will not help you to win marks.
Similarly, you need to be familiar with your study materials in advance. Ensure your notes are complete and
logically organised, and that you have any books you will need ahead of the exam.

Extra time and access to external sources means examiners will be looking for a particularly well-written and
structured paper. Make sure to budget time for extensive reviewing and editing once you have written your
first drafts.

12  Study and Exam Success

 Getting ready for the exam

Getting Ready for the Exam

The basics
Your revision is complete and the exam date draws near. However, there are still some useful precautions you
can take to ensure there are no last minute crises:

• Confirm the time, date and location of the exam.

• Get a good night’s sleep before the exam. No matter how effective your revision may be, your perfor-
mance will be compromised if you go into the exam exhausted.
• Ensure that you have an adequate supply of pens, pencils, highlighters etc.
• Many universities require the production of ID to confirm the student’s identity. Take your student card
and another form of ID (e.g. driving licence) as a backup.
• Avoid pre-exam conversations, especially with students who appear stressed. Such conversations can
be highly off-putting.

Exam materials
Find out in advance what materials, if any, you can take into the exam. It is common to allow law students
to take a statute book into an exam with them (with some universities specifying which statute books are
permissible), or photocopies of relevant statutes. Purchasing a statute book is always a worthwhile investment
(with the Blackstone’s Statutes series widely regarded as the most reliable and up to date), but make sure
that you have the latest edition (especially if you are buying second-hand). Find out to what extent, if any,
you can annotate exam materials (e.g. highlighting provisions, using page tabs to locate key provisions more
quickly). Improper annotation will usually result in the exam material being confiscated or, in extreme cases,
an accusation of academic misconduct.

Revision tip
Statute books are useful because they minimize the amount of statutory material that you need to memorize.
However, students tend to misuse them by quoting large sections and entire statutory provisions. Only quote
statute where it enhances your essay to do so, and never quote lengthy sections in their entirety. Copying text
from a statute book is not a skill that impresses examiners. In many cases, paraphrasing statutes will suffice,
providing you do so succinctly and accurately.

  Study and Exam Success  13

The exam

The Exam

Read the paper

Before writing anything, take a few minutes to read
the entire exam paper and note which questions you
feel you can best answer (some universities may give
you reading time to do this). Once you have decided
which questions to answer, read those questions again
and make sure that you understand what the question
requires of you.
Once you are satisfied with your choice of questions, the
next step is to plan the answers to those questions.
Revision tip
By definition, reading problem questions will
take longer than reading essay questions. To
save time, when reading a problem question,
highlight any material facts and, (if permitted),
write in the margin any key cases or statutory
provisions that you think might be relevant. It
is also worth clarifying the identities of possible
claimants, defendants, and relevant third parties.

Plan your answers

From an examiner’s point of view, there are few things more frustrating than an exam answer that contains
the correct information, but is structured so poorly that the value of that information is all but lost. Remember,
you are being assessed not only on what you know, but also on how effectively you articulate what you know.

The reason why so few exam answers are structured well is because most students, wary of the time con-
straints, start writing straight away without thinking of how best to arrange the relevant information. Poor an-
swer structure is one of the most common reasons for poor exam performance, and it is a factor that students
repeatedly ignore. Yet the benefits of a well-structured answer are many. The lecturer will be able to see that
you have carefully considered the question and how best to answer it, and your answer will be clearer and your
arguments more forceful.

The best way to ensure that your answers are logically structured is to spend a short amount of time construct-
ing an answer plan for each question. The time spent constructing the plan will be easily offset by the increased
structure, clarity and polish that a well-structured answer provides. Virtually all exam answers, be they essays or
problems, will consist of three sections, and your plan should adhere to this three-part structure:

1. The introduction.
2. The main body of the answer, where the relevant legal issues are identified and discussed in turn. You
should ensure that the discussion of each issue flows naturally into the next.
3. The conclusion.

Students tend to underestimate the value of a good introduction. A good introduction is usually a sign that the

14  Study and Exam Success

 The exam

answer to follow will also be of high quality. Examiners (for better or worse) will often have an estimated grade
in mind after reading the introduction, so it pays to get it right. In exams, first impressions do matter.

Looking for extra marks?

A good introduction can gain you valuable marks and improve the structure of your answer. A good
introduction should:
✔✔ Indicate that you have understood what the question requires you to do.
✔✔ If relevant, indicate the importance or relevance of the question topic (e.g. if the topic is one that is
particularly newsworthy at the time of the exam, it is worth pointing this out).
✔✔ Provide a basic outline structure of the answer that is to follow.

Time management
In the exam, it is important that you manage your time effectively. Allocate a set amount of time to each
question and stick to it. In most exams, each question carries equal marks, so allocate each question the same
amount of time (taking into account planning time). Avoid the temptation to devote more time to those
questions you are most confident with.

Use your time effectively by omitting any irrelevant or extraneous material (e.g. detailed facts of cases and
lengthy statutory quotes). Abbreviating certain words and phrases can save time, but it is important that you
understand when it is appropriate to do this.

Exam questions are usually designed to keep you writing up

until the very end of the exam. You may, however, find that
you finish your questions with time to spare. If you have a
significant amount of time left, it is likely that your answers
lack sufficient depth, or that you have failed to discuss an
important legal issue. Go back and read your answers to
determine what you have left out. If you finish with only a
few minutes left, use that time to polish and proofread your
answer. This might only gain you a mark or two, but it could
mean the difference between a first-class answer and an
upper second (or a pass and a fail).
Revision tip
First, identify the legal issues that the
problem requires you to discuss. Then
discuss each issue in turn using a simple
four-stage process known as ‘IRAC,’ which
stands for:
I = Issue. Identify the legal issue involved.
R = Rule. State succinctly, but accurately,
the applicable legal rule(s).
A = Application. Apply the legal rule(s) to
the facts of the problem.
C = Conclusion. Conclude the problem
(e.g. is the defendant guilty/liable?).

Finally, should you run out of time, resist the temptation to

inform the examiner of this. No allowance is given to stu-

  Study and Exam Success  15

The exam

dents who write ‘ran out of time’ at the end of their exam script – if anything, it will simply irritate the examiner.
If you do find that you are badly running out of time, then writing an effective introduction is a luxury you will
likely no longer have. Immediately focus on the relevant legal issues and cover as many as you can. If very little
time remains, then you can write the answer in note form, but only do this in the direst circumstances, where
writing in such a style has become a necessity.

Answer the questions

This may sound like obvious advice, but too many students are keen to show off everything they have learned,
irrespective of whether it is actually relevant to the question. Answer the question that is being asked – do
not be tempted to answer the question that you hoped would be asked. If the question tells you to focus on
a specific area of the law, do so. Any irrelevant
material you include wastes time that could Revision tip
be spent discussing relevant material, and OSCOLA (the referencing system used by many Law
indicates to the examiner that you have Schools) provides guidance on when it is appropriate to
use abbreviations, and how you should use them. For
not fully understood the question. The best
example, if you repeatedly refer to the Human Rights Act
answers are always focused, detailed and 1998, you can abbreviate it to HRA 1998, but make sure
contain little or no irrelevant material. that abbreviating the Act this way causes no confusion.
Similarly, you can use the short form of case names that are
You should also make sure that you answer the used repeatedly.
required number of questions. If you have re-
vised effectively, you should easily be able to
do this (but avoid the temptation to answer more questions than required – you may be penalized for doing
so). If you find that you cannot confidently answer the requisite number of questions, you should still attempt
to do so. In most exams, each question is worth the same amount of marks, so, for example if you are required
to answer four questions and you only answer three, you have immediately sacrificed a quarter of the total
marks available. Even if your final answer is weak, it will still likely gain you some marks, and the first 40% of
marks are usually much easier to gain than the next 40%. A low mark is better than no mark at all.

Handwriting, spelling and grammar

Illegible handwriting can be a major problem in examinations. Many examiners will simply ignore handwriting
that is overly difficult to read. Some universities may even require you to pay for the exam script to be word-
processed, so that the examiner can read it. It is therefore vital that you ensure that you write legibly and
clearly. If you are unsure whether your handwriting is sufficiently legible, answer a past paper question, give
it to a friend and ask them to comment on its legibility. Ask them to identify any letters or words they find
particularly difficult to read.

For written coursework, students often rely heavily on a spellchecker to correct their spelling and grammar. In
exams, you will have no such support. Most examiners acknowledge that the standard of spelling and gram-

16  Study and Exam Success

 The exam

mar exhibited in exams need not be of the same standard as in a written piece of coursework, but you should
still aim to eliminate spelling and grammatical mistakes. In particular, poor grammar can render your writing
incomprehensible with the result that your important arguments may not be articulated properly to the ex-
aminer.

Legal authority
Revision tip
There are many excellent books available that can help improve your spelling, grammar and use of language.
Alternatively, many universities have academic skills support services that can help you with your grammar/
English language usage. Do not be too proud to ask for help should you require it. It should be remembered
that many employers will happily reject a job application on the grounds of poor spelling or grammar, so the
importance of improving these skills cannot be overstated.

A significant number of students struggle to understand how to effectively incorporate legal authority into an
exam answer. The incorporation of legal authority, be it a case, a statutory provision, or a piece of academic
commentary, will indicate that you have engaged in research, and will make your answer more polished
and professional. It is impossible to get high marks in an exam if you do not incorporate legal authority
into your answers. However, not only must you incorporate legal authority, you must demonstrate that you
understand it, so, where appropriate, explain the relevance of the authority you cite. This is especially true
when incorporating case law authority into problem questions – explain why the case is relevant.

Looking for extra marks?

Whilst the incorporation of legal authority is important, it will only gain you marks if you incorporate
appropriate authority. When stating a principle of law, cite the actual legal source (i.e. a statutory provision
or case), as opposed to a secondary source, such as a textbook author. When criticizing or evaluating the law,
back up your arguments with academic opinion – journal articles and monographs are best for this, although
high quality textbooks can also provide weighty authority. Certain sources should NEVER be cited as authority
(e.g. lecture notes, Wikipedia).

  Study and Exam Success  17

The exam

Be objective
It is important to remember that essay questions are not asking you for your opinion and that you should
always provide a balanced, objective discussion. This means that you should provide arguments for all relevant
viewpoints, and back them up with appropriate authority. If, once the opposing arguments have been
discussed, you feel that one argument is stronger than the others, then say so in the conclusion, but word it in
such a way that maintains a balanced, objective approach.

Signposting
You should ensure that your answer is signposted clearly,
which means that you should tell the examiner what
Revision tip
To avoid the appearance of subjectivity, you
you are going to discuss before you discuss it. In the
should never, unless told otherwise, write in the
introduction, identify the principal legal issues to be first or second person. Never use words such as
discussed and the order in which they will be discussed. ‘I,’ ‘you,’ ‘we’ or ‘oneself.’ Instead of saying ‘I think
State why it is that you are discussing the legal issues that …’ you should say ‘it could be argued that
you have chosen to discuss and link those issues to …’ or better still ‘X argues that …’ where X refers
to judicial or academic authority.
the exam question. By signposting your answer and
continually referring back to the exam question, you will
demonstrate to the examiner that you have understood
the question and that you are intent on answering it. Once you have finished discussing an issue, state so, and
link it to the next issue that you will discuss. The result will be an answer that takes the examiner by the hand
and leads them clearly through each relevant issue that is discussed.

18  Study and Exam Success

 After the exam

After the Exam

Post-exam discussions
The exam may be finished, but many students feel the need to relive it by discussing it with other students.
Whilst it is tempting to discuss the exam, it is an unprofitable exercise for two reasons. First, such discussions
can in no way affect your mark. Second, if other students answered the questions differently from you, you may
worry that your answer is incorrect, when this may not be the case. This in turn may increase your stress levels
and impact upon your revision and subsequent exams.

Feedback
While post-exam discussions with other students might be unwise, there is one post-exam discussion that
you should engage in, namely you should obtain feedback from the examiner once the marks are released.
Unfortunately, while most students are eager to obtain feedback for coursework questions, the same is not true
of exams and most students are content simply to receive their marks and move onto the next subject. Whilst
students have no legal right to see their exam script, they do have the right to see the examiner’s comments,
and many universities will now provide comments on a separate feedback sheet for this very purpose. Avail
yourself of this right and obtain exam feedback in order to learn where your strengths and weaknesses
lie. Obtaining this feedback is especially important if you fail the exam and need to resit it. However, if you
follow the advice in this booklet and are willing to put in the requisite effort, resit examinations should not be
something you need to worry about.

GOOD LUCK

Lee Roach, Senior Lecturer in Law, School of Law, University of Portsmouth and
author of Company Law Concentrate , Commercial Law, and Card & James’ Business
Law.
© Lee Roach 2011

  Study and Exam Success  19

Blackstone’s Statutes Series

Trusted by millions
For your course, your exam,
your success

Buy yours from your campus bookshop,

online, or direct from OUP
www.oxfordtextbooks.co.uk/statutes/
 Guidance on how to use a statute book

Using Blackstone’s Statutes

By Derek French, editor of Blackstone’s Statutes on Company Law

Blackstone’s Statutes
Why use Blackstone’s Statutes?
Statutes are primary sources of law. Analyzing the meaning and effect of statutory provision is
often a key step in solving a legal problem. The Blackstone’s Statutes series provides an accurate
updated text of carefully selected statutory provisions in the main areas of law studied on
university courses.

In your legal studies you will consult statutory provisions when you are learning a new topic;
analyzing legal problems in tutorial, project and dissertation work; and when answering
examination questions. The Blackstone’s Statutes books are designed to comply with typical
regulations governing what reference materials you can take into an examination.

Amendment
Legislation is a continuous process and most new Acts of Parliament amend previous Acts. A
very important reason for using Blackstone’s Statutes is that, in each volume, the text of all the
legislation incorporates all amendments which have been made up to a cut-off date, which will
be stated in the editor’s preface. Subsequent amendments can be seen at the Online Resource
Centres for selected volumes www.oxfordtextbooks.co.uk/orc/statutes.

Finding your way around a statute

An Act of Parliament is divided into consecutively numbered sections (abbreviation, s).
Sometimes a section will introduce a schedule (abbreviation, sch) containing supplementary
detailed provisions. The schedules are placed at the end of the Act. In many Acts, the sections
are grouped into parts, which deal with distinct topics. A long part of an Act may be divided into
chapters.

Example
The Constitutional Reform Act 2005 has 149 sections followed by 18 schedules. The 149 sections
are arranged in seven parts. Part 1 contains only section 1. The much longer part 4 contains
sections 61 to 122 and is divided into four chapters.
Sections and schedules are referred to like this: Constitutional Reform Act 2005 s 1; Constitutional
Reform Act 2005 sch 17.

A section may be divided into subsections, which are given numbers in parentheses.
Traditionally, each subsection is a single sentence. On the rare occasion that there is more than
one sentence, they are usually laid out as separate paragraphs. A subsection is referred to like
this: Constitutional Reform Act 2005 s 8(2).

It is very common for most of a sentence in an Act to be laid out as a displayed list in which each
item is identified by a letter in parentheses.

  Study and Exam Success  21

 Guidance on how to use a statute book

Aim High! Example

The Constitutional Reform Act 2005 s 15(1) introduces Sch 4 to the Act by listing its contents:
      (1) Schedule 4 provides for—

Concentrate
          (a) the transfer of functions to or from the Lord Chancellor,
Blackstone’s Statutes
          (b) the modification of other functions of the Lord Chancellor,
          (c) the modification of enactments relating to those functions, and
          (d) the modification of enactments relating to the organisation of the courts.

A paragraph is referred to like this: Constitutional Reform Act 2005 s 15(1)(c). Sometimes paragraphs
have sub-paragraphs numbered in roman numerals (i), (ii) and so on.

A schedule is divided into consecutively numbered paragraphs. The paragraphs of a long schedule
may be grouped into parts.

How amendments affect section numbering

You will sometimes see sections identified by numbers followed by one or more capital letters. This
arises because, when amendment of an Act involves inserting new sections, the usual convention
is that a section inserted after, for example, s 84, is numbered s 84A, followed by s 84B and so on. If a
later amendment involves inserting a section between s 84A and s 84B it will be numbered s 84AA,
followed by s 84AB and so on. If a section is inserted between s 84 and s 84A it will be numbered
s 84ZA. When a whole section is repealed (deleted), subsequent sections are not renumbered.

Example
The Financial Services and Markets Act 2000 s 91 now has subsections (1), (1ZA), (1A), (1B) and (2),
in that order.

Definitions
When considering whether a statutory provision applies in a particular situation it is very important
to remember that many of the words used in the provision will be given special meanings by
the statute itself. If a term is used with a special meaning only in one section, the meaning will
be set out in that section. For terms used in several places, there will be a section with the title
‘Definitions’. Very long Acts sometimes have an index of defined expressions.

Commencement
The basic rule is that an Act of Parliament comes into force at the first moment of the day on
which royal assent is pronounced in Parliament, unless there is provision for it to come into force
on another day (Interpretation Act 1978 s 4). In practice nearly every Act includes a section titled
‘Commencement’ which provides that the Act will come into force at some future date.
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