Why is literacy important in Legal Studies?
As you study law and then as your knowledge gets tested in various ways there are some specific things that examiners are looking for. They are looking for particular words and styles when they ask particular questions. Now is the right time to learn these techniques so you can get a lot of practice in before you move into Units 3 & 4. Not thinking of doing units 3 & 4? Then the skills listed here will also be very useful in other subjects that require you to write persuasively or 'compare and contrast' for example
Identify and Explain
You may get a question such as the following:
Identify and explain three methods of dispute resolution used by the Magistrates’ Court to resolve civil disputes - 9 marks
(actual exam question)
How do you go about answering the question?
They have told you two important things for planning your answer - how many marks and that they want three methods to be identified. So that will correlate to three marks for each method correctly identified. So this is how it should look:
Paragraph One: Simple Statement of what the essay will be about - marks may not be given just for this simple statement but it is important for setting up your essay and if you mention the three methods you want to talk about it helps keep your answer on track
Identify and explain three methods of dispute resolution used by the Magistrates’ Court to resolve civil disputes - 9 marks
(actual exam question)
How do you go about answering the question?
They have told you two important things for planning your answer - how many marks and that they want three methods to be identified. So that will correlate to three marks for each method correctly identified. So this is how it should look:
Paragraph One: Simple Statement of what the essay will be about - marks may not be given just for this simple statement but it is important for setting up your essay and if you mention the three methods you want to talk about it helps keep your answer on track
Example
The Magistrates Court uses a number of dispute resolution methods to resolve civil disputes including ..... [insert which three methods you want to talk about]
Paragraph Two: Jump straight in with your first point. Go with the first one that springs to mind, get it all down - everything you can remember. If nothing else it gives you confidence. The method is to introduce the resolution method you will talk about in this paragraph
On this occasion I am going to give you an example on Judicial Determination
Then include all relevant facts related to Judicial Determination that you recall. Again the question gives clues it mentions the Magistrates Court so talk about what civil cases the Magistrates Court might hear, who will hear it, what do you need to put a case up and so on. Also don't forget to define what Judicial Determination is and list the elements as follows:
On this occasion I am going to give you an example on Judicial Determination
Then include all relevant facts related to Judicial Determination that you recall. Again the question gives clues it mentions the Magistrates Court so talk about what civil cases the Magistrates Court might hear, who will hear it, what do you need to put a case up and so on. Also don't forget to define what Judicial Determination is and list the elements as follows:
Example
Judicial determination is one method of resolving civil disputes within the Magistrates court. Civil cases between the value of $10,000 up to $100,000 are heard within the Magistrates court. Judicial Determination is a formal method of dispute resolution. There are two parties, the plaintiff and the defendant and each party is required to follow rules of process and evidence. The Magistrate will ensure that the rules of evidence and process are being followed to make sure it is a fair hearing. Once the case is resolved in the Magistrates Court the orders of the judge are binding and must be followed.
Discuss/Compare and Contrast
Discuss the advantages and disadvantages of damages as a form of civil remedy
I have included a link to a graphic organiser that can help you with organising this type of question. The organiser doesn't write your answer but it does help you give it great structure. Give it a go.
I have included a link to a graphic organiser that can help you with organising this type of question. The organiser doesn't write your answer but it does help you give it great structure. Give it a go.
Key action words in exam
questions
To answer questions relevantly, you need to understand the meaning of a range of key words.
Regardless of short or extended response questions, you must clarify exactly what the question is asking you to do (and what it is not
asking you to do …
1. Look for and highlight the key action word(s)
2. Look for and highlight the key topic words.
3. Look for and highlight the key focus words.
4. Look for and highlight the marking allocation
TERM Description Blooms
ANALYSE A critical examination identifying the essential elements or features and principles. Describe and relate
implications of the argument proposed. Analysing
APPLY To show how the principle would operate when used in an example or a certain set of facts. Applying ARGUE To present reasons for or against. Evaluating CLARIFY To make clear facts, opinions, issues or arguments. Understanding
COMMENT ON You need to discuss the subject you have been asked to comment on, giving your opinion on whether
or not you agree with it and your reasons for it. Evaluating
COMPARE To explain the points of similarity. It is not enough to just list similarities and leave it to the
examiner to identify the similarities. You need to explain how they are alike. Analysing CONCLUDE To determine – or present a particular opinion – by reasoned argument. Evaluating CONTRAST To explain the points of difference. It is not enough to just list the differences and leave it to
the examiner to identify the differences. You need to explain how they are different. Analysing
CRITICALLY ANALYSE A critical examination identifying the essential elements or features and principles. Evaluating
CRITICALLY EVALUATE To carefully appraise the value – considering both the strengths and weaknesses. Evaluating
CRITICALLY EXAMINE To scrutinise carefully by detailed description. Evaluating
DEFINE State the meaning and identify its essential qualities. You may also be required to provide an example. Applying
DEMONSTRATE Able to show the correct technique or action of a skill (or action) implies correct timing and co-ordination. Remembering
DESCRIBE To give a factual account. If the question refers to a process, you may be expected to describe the
process in sequential order. The description could also list a number of parts, elements or features. Remembering
DISCUSS To present a reasoned argument for and against a particular issue. You may add your opinion as
part of a balanced argument. Evaluating
DISTINGUISH To recognise or note differences, or to note the distinctive characteristics. Understanding
EVALUATE To carefully appraise or consider the statement and comment on the relative strengths and weaknesses,
as well as an overall judgement. Evaluating
EXAMINE To give a detailed account or describe what you know and understand about a particular situation. Understanding
EXPLAIN To give a detailed account or expand on the reasons for something. Understanding
IDENTIFY To determine the key characteristics or features. Remembering
ILLUSTRATE To use examples to clearly communicate an understanding. In order to ‘illustrate’ using an example,
the example needs to directly relate to, and explain the feature of, the legal system specified in the
question. Applying
JUSTIFY To show a satisfactory reason for something being done – i.e. to show how a feature or aspect of the
legal system contributes to the attainment of just outcomes. Evaluating
OUTLINE A general account or a summary indicating only the key features – used by examiners to indicate that
a brief factual account is expected. Remembering
SUGGEST To propose as suitable or possible. If a proposal is ‘suitable’, you will be expected to explain why it is
suitable. Analysing
TO WHAT EXTENT A clear statement of agreement, disagreement or partial agreement. The degree to which an institution,
process, procedures or law fulfils a purpose or principle. Evaluating
questions
To answer questions relevantly, you need to understand the meaning of a range of key words.
Regardless of short or extended response questions, you must clarify exactly what the question is asking you to do (and what it is not
asking you to do …
1. Look for and highlight the key action word(s)
2. Look for and highlight the key topic words.
3. Look for and highlight the key focus words.
4. Look for and highlight the marking allocation
TERM Description Blooms
ANALYSE A critical examination identifying the essential elements or features and principles. Describe and relate
implications of the argument proposed. Analysing
APPLY To show how the principle would operate when used in an example or a certain set of facts. Applying ARGUE To present reasons for or against. Evaluating CLARIFY To make clear facts, opinions, issues or arguments. Understanding
COMMENT ON You need to discuss the subject you have been asked to comment on, giving your opinion on whether
or not you agree with it and your reasons for it. Evaluating
COMPARE To explain the points of similarity. It is not enough to just list similarities and leave it to the
examiner to identify the similarities. You need to explain how they are alike. Analysing CONCLUDE To determine – or present a particular opinion – by reasoned argument. Evaluating CONTRAST To explain the points of difference. It is not enough to just list the differences and leave it to
the examiner to identify the differences. You need to explain how they are different. Analysing
CRITICALLY ANALYSE A critical examination identifying the essential elements or features and principles. Evaluating
CRITICALLY EVALUATE To carefully appraise the value – considering both the strengths and weaknesses. Evaluating
CRITICALLY EXAMINE To scrutinise carefully by detailed description. Evaluating
DEFINE State the meaning and identify its essential qualities. You may also be required to provide an example. Applying
DEMONSTRATE Able to show the correct technique or action of a skill (or action) implies correct timing and co-ordination. Remembering
DESCRIBE To give a factual account. If the question refers to a process, you may be expected to describe the
process in sequential order. The description could also list a number of parts, elements or features. Remembering
DISCUSS To present a reasoned argument for and against a particular issue. You may add your opinion as
part of a balanced argument. Evaluating
DISTINGUISH To recognise or note differences, or to note the distinctive characteristics. Understanding
EVALUATE To carefully appraise or consider the statement and comment on the relative strengths and weaknesses,
as well as an overall judgement. Evaluating
EXAMINE To give a detailed account or describe what you know and understand about a particular situation. Understanding
EXPLAIN To give a detailed account or expand on the reasons for something. Understanding
IDENTIFY To determine the key characteristics or features. Remembering
ILLUSTRATE To use examples to clearly communicate an understanding. In order to ‘illustrate’ using an example,
the example needs to directly relate to, and explain the feature of, the legal system specified in the
question. Applying
JUSTIFY To show a satisfactory reason for something being done – i.e. to show how a feature or aspect of the
legal system contributes to the attainment of just outcomes. Evaluating
OUTLINE A general account or a summary indicating only the key features – used by examiners to indicate that
a brief factual account is expected. Remembering
SUGGEST To propose as suitable or possible. If a proposal is ‘suitable’, you will be expected to explain why it is
suitable. Analysing
TO WHAT EXTENT A clear statement of agreement, disagreement or partial agreement. The degree to which an institution,
process, procedures or law fulfils a purpose or principle. Evaluating