Assessment Exam Preparation Hypos JD Students MLM Students

Hypothetical problems – finding templates and getting ‘feedback’

The Centre does not provide feedback on answers to hypothetical problems. So much of the answer to a hypothetical will be based on an understanding of the content of the law and we are not context experts in all the subjects.

However, we still have advice! 😉

  • Many students ask us for templates.  Think of the judgments you read for class as examples of how to answer a hypothetical question.  Judges will state the legal issue(s), describe the specific laws that apply to the issues, and provide the reasons for their conclusions.  In some of your subjects, you aren’t assigned the full case and instead are only expected to read excerpts from the decisions.  You are lucky because this reduces the volume of reading expected.  Yay.  However, it also means you don’t always realise that those judgments are a version of the ‘templates’ you are requesting.  You can still look up those decisions and read the sections that show all the reasoning in relation to the specific issue relevant to your subject.   Sometimes creating flowcharts based on the reasoning helps me to figure out what is going on and how I might approach a similar problem/question.
  • During the EAGLE sessions (JD students) and MLM Workshops (Masters students), you will have opportunities to practice answering hypothetical problems and to discuss your answers with your colleagues.
  • I also encourage you to chat with your colleagues before and after the classes when the teacher coaches you through answers to the practice hypotheticals.
  • I would also write out complete answers in advance of class and compare what you thought should be argued with what the teacher says during class.  ‘Mark’ your own answers re whether you identified the issue, the relevant law, and applied the law to the facts in the same way – see if you have taken the same approach to analogising and distinguishing the precedent.  Chat with friends after class about what was similar or different about your answers compared to your teacher’s.
  • Finally, the Obs feedback on your mid-semester assginment will also be helpful because the same basic skills are required for your exams in al subject.

There’s also advice in the LASC Canvas community.  In the community, you will find a section in the Guide to Academic Success on answering hypotheticals.

https://canvas.lms.unimelb.edu.au/courses/88951/pages/guide-to-academic-success-table-of-contents

There’s also this little module on answering hypotheticals on Success at MLS (interactive) https://successatmls.com/hypos/

And then more advice in the posts.

Richard Krever’s book Mastering Law Studies and Law Exams is also helpful.   The book includes chapters with advice and examples of exam questions and answers.  You can borrow the book from the high use section of the law library.

I hope the information is helpful.

The LASC Team

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