September 5, 2008

HOW TO CITE CASES IN EXAMS



To write proper answers, firstly the student must know his Case law.Students who do not back up their answers with the relevant case law will definitely fail or do poorly in the exams.There are several approaches in citing case law, but for the purposes of this discussion, I will restrict it to three.

There are basically 3 ways to cite cases.

Firstly cite the name of the case.This must be a relevant case law to the discussion. For example, if the Question is on Offer and Acceptance, you cannot quote a case from the law relating to consideration to support your answers.(In the marketplace if someone asks you for a cucumber, you cannot give him a carrot)

Secondly- the student must be able to present the brief facts of the case.What happened in that case? You don't have to be "cheong hei". Stick to the facts. If you are unable to remember the case, you can state." in one decided case.(But don't do this for every case- or I will look for you with a bamboo cane in my hand)

Thirdly, how did the Court decide the case? What was the decision of the Court? If the case went on appeal, describe them by their proper description- Appellants & Respondents instead of Plaintiff's and Defendant's.

For those who are going to be lawyers- if you feel that the case was poorly decided, then you are not free to give your personal opinion. REMEMBER- nobody cares about your opinion- just state the law from other cases-and use the following phrase-

"It is submitted...."or " Based on the above discussion, it is respectfully submitted..."

Well thats all for this evening, my honourable students. Smile for me. Vijay- High Court

1 comment:

Chinonye Chikwe said...

Thank you very much. You really made smile this evening. I appreciate.