How to answer a question. (1 Viewer)

[jackmurray1989]

If the questions asks "advise XYZ on what options she has availiable" how do I begin?

Do I just begin by identifying the facts or the law? Do I adress the person or or just speak in the 3rd person or something else?

 

[Studentleader]

If the questions asks "advise XYZ on what options she has availiable" how do I begin?

Cook/Clean

 

[iamsickofyear12]

If the questions asks "advise XYZ on what options she has availiable" how do I begin?

Do I just begin by identifying the facts or the law? Do I adress the person or or just speak in the 3rd person or something else?

Say what option she has.
Explain why this is the case.

 

[amaccas]

um, briefly state/isolate the pertinent facts.
identify the legal issue/s involved.
discuss relevant law.
apply law to facts.
express a tentative conclusion/advice

keep it concise, well ordered and set out.

 

[melsc]

I use a format similar to amaccas:

Identify Issue
State the Law + cite Authority
Apply to the Facts
Conclude

Its simple and effective good for assignments+exams

Just make sure you conclude at the very end.

By the way headings are your friend, you can give each issue a heading esp as it shows the marker where you are going and keeps it structured.

 

[jackmurray1989]

Alright, cheers.

I was told by a friend that I shouldn't have a definite conclusion but only tentatively suggest a possible outcome at the most?

Do I start off by adressing the person I'm meant to be counciling or do I just speak objectively about the facts and law of the case and situation?

 

[circusmind]

Alright, cheers.

I was told by a friend that I shouldn't have a definite conclusion but only tentatively suggest a possible outcome at the most?

Do I start off by adressing the person I'm meant to be counciling or do I just speak objectively about the facts and law of the case and situation?

Objective, third person. I think the whole 'advise Jack/Jill' dealio is more a formality. Really, all you do is analyse how the law will apply to that person. It's a good idea to point out the strengths and weaknesses of the different parties' cases.

"While the prosecution may attempt to argue X, given the way HCA defined the relevant test in A v B, it seems likely that Jack would be able to rebut this successfully with principle Y."

 

[Strawbaby]

IRAC - Issue, Rule, Application, Conclusion.
What issue is at question (eg 'is X a third party to the contract?'), the rule ('it was stated in X v Y that...'), how the rule applies to the party in question ('prima facie, X would be considered...'), and a conclusion stating whether you think your client would fare in this/how the Court might take the argument - eg 'given that the case relied on by X was a High Court case with facts very similar to this situation, X's arguments may be successful here, though Y's argument...'

 

[amaccas]

i recommend R Krever - mastering law studies