In: Business and Management

Submitted By minhthu62
Words 707
Pages 3







1) Identify KEY FACTS of the problem
Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts.
2) Identify RELEVANT ISSUE of the problem
From the key facts, you should then be able to identify the relevant issues in the problem you are considering.
Once you have worked out the issues, ask:
(a) does a statutory provision apply to this situation and, if so, does it provide a specific answer to the problem?

(b) are there any cases which have dealt with a similar fact situation/legal issue to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer.
Note similarities to (follow) or differences from (distinguish) prior cases
When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts/legal issues were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case.
Think about whether any factual differences matter.

Whether or not any

differences matter will depend on the scope of the legal principle that the relevant

case stands for. It is important to note any factual differences from previous cases and to state whether or not you consider that the differences matter to your problem. 4) APPLY THE LAW TO THE FACTS
This is the key aspect of answering a legal problem question.
This important step comes after you have identified the key facts and…...

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