Answering Problem

Questions
I L LT

WEEK 6
WEEK 6 – Navigating sources and
responding to assessments

Recognising and Responding to Navigating Secondary Sources Critical Case Commentaries in

Problem Questions •Reading Techniques and tools ILLT
•Using The IRAC Method •Managing your workload •Responding to the Formative
•Applying Legal Logic •Navigating Journal Articles Assessment
•Supporting your response with evidence •Legal Research and Creating a Critical
Case Commentary
 Fictious Legal DISPUTE

Foundation: legal rules

Characteristics
of a Problem Task Skills: Looking for issues in facts , legal tensions, interpretation of law

Question
Answer requirements: Students identify, discuss and apply relevant legal rules.

Knowledge base:

Common Law Legislation Model

Models of Response
IRAC I Pac CLEO PLAN Analysis of the text issued
Brief discussion of legal issues
Extract the relevant facts
Issue Issue Claim Problem
Identify the law pertinent to the question

Rule Principle Law Legal Rule 1. Methodical argumentation.

2. Set out each relevant legal rule.
3. Consider the mechanics of how, when, and
Application Application Evaluation Application why it works, its effect, limitations and
relationship with other rules.
Conclusion Conclusion Outcome NOTE 4. Note any issues of interpretation
5. Support each point with EVIDENCE
outcome

Determination of liability, in relation to the

actions or omissions of the parties identified
Using logic

All sheep eat grass

Basic Daisy is a sheep
Logic
Daisy eats grass
 Models of legal logic
Use of Legal Logic Syllogism

• A valid deductive argument •Major premise (rule) – All valid

having two (truth/fact) contract for land are in
premises and a conclusion. writing/by deed
•Minor Premise (fact) – The
agreement for purchase of
land was by text and
telephone.
•Conclusion The contract is not
valid.
 Logical planning and choice

Dealing with the Organising the Outline the

facts: Parties involved law Consequences –
(1) Assume that the facts are Task 1: Identify every party. 1. Map the legal rule at hand & 1. Apply the rule
proved. Task 2: Identify the Specify key elements 2. Consider its impact
(2) Organise the facts. permutations/relationships 2. Use Authority – Support your 3. Outline the alternatives or
(3) Resolve any problems with between the parties. knowledge with evidence connecting features
the facts Task 3: Identify what the 3.Consider relevant issues of law Conclude
– which are material to the legal question requires regarding and resolve the legal issues
problem and which are each party
(identify tensions or make
superfluous? connections to other rules and
issues)
I.R.A.C Model

1 2 3 4
Identify – point out the factual Rule - recognise, explain and Apply - link the legal principles Conclude - Advise using the law
and legal issues signposted in analyse the relevel legal to the facts in the question set to underpin your response
the problem. principles supported by legal
authority
IDENTIFY the Legal problem
Remember problem questions or
case scenarios will usually raise
(Reflect on each party and briefly several issues within the area of
describe their individual issues or the study, and there could be a number
Identify the Legal problem: what has
gone wrong legally and for whom? consequences of their actions. Be of parties that need consideration.
specific and do not restate the
question/case study) Divide your focus and look for
injuries or damage, property matters
or loss.

Remember that you are being

assessed for knowledge and analysis Assume that most (but not all) of the
Take the time to examine each issue facts will have some significance and
individually and consider how they of the rule - look for primary and
secondary legal issues, available that they are conclusive (take them
relate to each other. defences if relevant and legal as read).
facts/principles
What is the applicable

RULE?

Work out State Prepare Point out Support POINT Identify Outline
Work out State the rule Prepare your Point out Always POINT - Identify the Outline the
what area of – be specific answer what aspects support each EXPLAIN - key source of relevant legal
law may (what, how, carefully - require your EVIDENCE - law – is it principle (that
govern the when, why, examine the further discussion LINK based in will be used
resolution of impact etc ) structure and consideration, with Case law Statute or to address
the problem mechanics of create or Statute. Common Law. the problem)
any facts, the principle tension, may i.e.
legal issues in relation to need subsections
and the facts. interpretation within an Act
uncertainties. and why. or elements
of rule
decided (in a
Case.)
 It is important to identify the precise basis on which liability or fault is established.

Work out how the rule operates in relation to the issues you have identified.

Consider the how, when and why, and why as well as legal principles might be used by each
party to argue their case for example factual or legal causation.

Your Always use legal authority to support your application of the legal principles.

APPLICATION Show knowledge and understanding of how the principle works in practice and whether there
are a range of approaches or a single defined way of addressing the issue.

to the case You must support your propositions, use case law and legislation, to evidence your knowledge,
but also to show understanding of how the law works.

scenario If there is relevant legislation, it is essential that you identify and apply the relevant sections of
any statue.

Critique - Remember that there may be an overlap of law within the case study.

Critique - Identify any relevant matters of debate that may require further evaluation for
example any conflicting or troublesome facts.

Critique - Develop your analysis with judgment and consider the contentious aspects of the
case study rather just the issues that are most obvious.
 CONCLUDE (Your advice).

Identify the legal Do not forget to be Who is liable for what Consider how parties Advise the client(s) of
argument that you think Consider how the If more information is
specific; and to what extent? could have acted to matter might be needed state where and their position(s).
is the most applicable better manage the risk
to the situation and concluded (relevant how this may support
in order to avoid this remedies, sentencing, your advice.
explain the most legal problem.
appropriate response. dispute resolution,
appeals and equitable
remedies ).
Structure

•Identification of the relevant

Stage two •Application of the relevant
Stage four
facts legal rules
•Identification of the legal •Identification of the relevant •Evidence from case law •Determination of liability
issues legal rules about how the rules may based on the law identified
•An outline of the mechanics apply in practice
of the rules •Analysis of any limitations or
•Evidence issues arising

Stage one Stage three

Developing a critical
approach to application
Be objective

Use Legal and Language tools

Develop your use of Authority

Stay on point but look for gaps and opportunities

Embrace uncertainty
Secondary Sources
Reading & Exploring
ILLT
Week 6
 Seminar study cycle
Organise notes for 1)Initial Preparation
Revision for assessment • Read module hand-out
• Review wider reading list – TALIS
(coursework or exam) Hand-outs and
• Read textbook pages signposted –
reading list Context
• Develop outline notes/start landscape
mapping

4)Consolidation, reflection
• Develop notes to include seminar Finalise topic Topic Written
learning – annotate your planned notes Preparation
answers 2)Reflection and Writing
• Develop knowledge map to include all • Read tutorial/seminar sheet and create a
key cases, statutory sections, points of task list
law, names of significant academic • Read the essential reading investigatively
commentators, points of interest • Further reading (if possible)
discussed, tensions, policy etc • Draft written responses to the
Seminar/tutorial
• Review areas of confusion, check tutorial/seminar questions
interpretation of information and • Include a note of pertinent points of law,
create signposts for future study – relevant cases, statutory materials and
small group or examination revision names of significant academic
3)Participate commentators

6 November, 2023 actively 2

Plan the reading – active engagement
• Reading is 60-70 % of your job

• Read every day

• Read to investigate

• Create reading prompts – be aware of your

method, mindset and retention Recalling and
Focused creating
Introductions engagement
patterns
• Read to understand – re-read and repeat.
Planning Reading Tasks

Output or Impact Intangible Resources

Goal or Focus

Method of choice Tangible Resources

Reading
techniques
Identify prior knowledge
Building Focus on looking for extensions to existing knowledge
blocks Reflect on areas of confusion
Repeat

Look for Thematic connection based on key words generated by

Word bingo lectures or prior reading
Generate value of this connections based on task at hand

Scrolling Physical connection of source document and practical mapping of

technique whole text using colour

Reading Reading tool cut out

frame Window on specific text to support focus
Reading Clock
Question or
Issue

Legal or
Social Fact Themes

Author Reading Principles or

Suggestions Focus Rules

Legal
Opinions Evidence

Process or
Procedure
 Investigative Reading
Journal Reading
Source Date Intended Audience Status of Author Abstract Conclusion Thematic mapping

Text Book reading

Three post-its
•Top – Legal Rule
•Side – Evidence and mechanics Map onto A4 sheets and use to support lecture materials /seminar prep
•Bottom – Theory & Opinion

Case reading
Legal Facts
•Law
The Rule – legal principle Who (named parties rather What (the legal issue Why (the argument or
•Arguments
(statute or common law) than position) arising) position of each side)
•Decision
•Reasoning
Mapping Reading
• Visual maps of
• Author
• Date
• Source type
• Purpose
• Content

• Use colour
• Identify recognisable patterns,
significance, relationships, systems,
impact, cause, effect, limitations and
opportunities
Reading Cases

Case Context Case Facts Legal issue

Application of rules
Statutory Rules Common law rules – reasoning and
approach

Things said which

are relevant but not Dissenting
Ruling / decision
directly connected Judgments
to the ruling (obiter)
Reading Journals
• First reading • Second Reading
• To create context • Focus on Enhancing your knowledge
• To investigate
• Limited note taking • Proposition
• Key point that the article saying
• Acknowledge the sources or evidence used
• Arguments
• Cases
• What arguments are in favour of the authors
• Statues position
• Other sources • How are these dealt with
• What arguments are against the authors position
• How does the author deal with these
• Map the content • Themes
• Try to reduce the article into five or six short lines • How are the issues arising responded to
• Proposition
• Arguments • The authors conclusion
• Themes arising • Do I agree with it?
• The authors conclusion • Am I convinced – on what basis
• What gaps, tensions, inconsistencies can I identify
Reading circle
Discussion
Director

Legal Map Principle

Maker Summariser

Selected
Text and
Key roles

Critical Friend Subject

Questioner Connector

Legal Linguist
Backwards Reading
• Used to create an overview of an argument – big
picture discovery…

• Select a chapter and mark up paragraphs

• Make a note of the opener or start of each

paragraph

• Make a note of the close or end points of

paragraph

• Move backwards through the selected text until

you have mapped the selected section of text

• Map the chapter based on the paragraph anchors

– front to back
 Landscape Overview – Create connections

Types of Sources: Paper – Electronic - Books – Text Books

Legal Commentary – observations about law or socio-legal issues

Legal Theory - Observations, ideas and debates on the Legal System, Value and Nature of Law, Impact of
law, and Legal Scholarship (How we understand law).

6 November, 2023 14
Selecting Sources CRAAP

Currency Relevance Authority Accuracy Purpose

 STELLAR
• Check your initial response and note your emotional reaction!
• Being aware of our emotional response can help us to double-check that we are being as objective as possible when we are reading critically.
Stand back – get the overview - what is the author saying? • Being objective is important if we are to write a good critical analysis of an author’s theory or argument.

• Can you see a gap in an argument or evaluation?

Test for flaws, assumptions, inconsistent reasoning • Are all the assumptions made by the author valid? Remember, they might be! Sometimes it is acceptable to make assumptions ‘for the sake of argument’.
• What is the pattern of reasoning – is it logical?

• Are primary sources used?

Evidence – is the argument supported by appropriate • Have theoretical or ethical arguments been suggested (eg about ‘rights’ or ‘justice’ will use examples or ‘thought experiments’ instead – but you can still test whether the
evidence? examples/experiments work! (eg discussion about ‘rights’ or ‘justice’ will use examples or ‘thought experiments’ instead)

Logic – does the structure flow and develop the argument • Does the conclusion seem to spring out of nowhere, or does the argument point sensibly towards the conclusion the author makes?
logically?

Literature – what do other scholars/judges/commentators • Do you understand where the author ‘sits’ in the field of debate.
think about this argument? • You will need to read other pieces on the subject to understand this – and also to assess the extent to which you agree with the author.

Assess - which of the theories or arguments you prefer • You will need to do some wider reading (as above) to make this assessment.

Reasons – explain why you agree or disagree with the author • Also - Reflect again on your own assumptions, values, biases, emotional reactions, etc and how this might influence why you agree or disagree with the auth
Using Source Information Journals
Abstract
Conclusion
Create a Reading Matrix
Re-Reading
• Re reading for RE-vision
• Check your bias
• Consider generalised themes
• Overall narrative
• Focus of Key themes
• The Voice of the author
• Direction
• Explanation
• Suggestion
• Confusion
• Signposts
• Clarification
Remembering reading
• Create a narrative
• (develop a story or discussion using all the
required information)

• Connector words
• (connect material by associated prose or key
words)

• Landscape maps
• (legal route maps with key features and direction
anchors)

• Mind maps
• (your ideas and your interpretation of connections)
Case Analysis and
Answering Essay
Questions using IDEEA
WEEK 6
ILLT
 Focus on the question set
Avoid …. Refer back to the question
Writing all you know about this general Ask yourself ‘how does this
area of law paragraph/sentence/word help me
develop my answer to this question’?
Answering the question you wish you
had been asked Tell your reader in the introduction how
you will answer this question
Make sure every paragraph demonstrates
your argument in response to this question

11/10/23 2
 ILLT Formative (Seminar 3)
Release 10-11-23
Written Tasks & Seminar
Reading Tasks Participation Submission
Legal Commentary Response to Commentary Submit Via Turnitin for
Questions individual feedback if
Allocated Case
Formative Task required following
review and after
Draft Part A seminar discussion
Draft Part B
Discuss in Class
Feedback from TUTOR
Feedback from PEERS

11/10/23 PRESENTATION TITLE 3

 Sample Question

Read the case of Regina v Wilson (Alan) [1997] Q.B. 47 and answer the
following questions.

1. How did the Court reach its decision in the case? (Weighted 50%)

2. Do you find the Court’s decision to be convincing? Please give reasons

for your answer and support with evidence. (Weighted 50%)

11/10/23 PRESENTATION TITLE 4

 Case Analysis
Structural Information Synopsis of Material Facts & Law
Case Name Key arguments – often briefly set out at the start
Citation of a judgment.

Court (first instance or appeal) Position of parties at first instance or at appeal.

Jurisdiction
(NB: Outside jurisdiction of E & W a case Outline the legal issue at hand – the matter in
may be persuasive but not binding) dispute.

Procedural history if relevant (this The initial legal issue - Court response to the issue at first
considers the level and jurisdiction of the instance - Approach of the court at appeal
court hearing the case).

11/10/23 5
 Part One – Case Review

Identify the relevant law What was held i.e. the Why the case was The consequence of the Any comments which Any relevant matters
(legal rule) outcome of the case. decided in this way decision were made on relevant identified in the case
•Use Westlaw and Lexis for •The decision of the court (the •Look for reasoning for the •e.g. approach of the court issues but did not •(the approach to the
research and be aware that application of law to the decision (ratio). and impact on future cases underpin the legal application of procedural
these databases update facts) • Look at the discussion of law (interpretation of legislation decision rules or matters pertaining to
regularly compared with carefully and identify the or approach to case law) case management e.g., legal
Legislation.gov when using rules as they are applied. •Things said by the way – aid/litigant in person etc).
statute). Obiter Dicta
•Remember the use of statute
•including dissenting judgment
and case law will support
and the basis on which this is
your analysis.
argued.

11/10/23 6
Further analysis What are the potential
consequences that may Was this case treated
be identified – the differently, compared
response to the existing with previous cases (if so
legal rule i.e. confirming, why) – has it followed
distinguishing, some aspects of previous
suggesting the need for case law but avoided
clarification of the rule or others?
new legislation.

Do you agree with the

decision? - focus on
What the implications
LEGAL ANALYSIS Could
are for similar cases in the case have been
the future? decided a different way,
why and how?

11/10/23 7
 Part Two
Synthesis findings
with YOUR Ideas & research
• Are there any Judicial policy issues involved – does the court refer to the social or
community impact /socio political influences or tensions.
• Can you identify any use of legal principles (supporting decision making)
• Consider any links to jurisprudence, legal theory or principles and link carefully to
the ratio.
• Secondary sources
• What have commentators have written about this decision, area of law and whether the ruling was
accurately anticipated by them or not – was it a surprise.
• Are there are any contrasting positions that can be identified in academic commentary following
the ruling – it is always useful to consider different perspectives or routes to a decision (even if
there is no clear opposition).

11/10/23 PRESENTATION TITLE 8

 Admin Guidance
Submission Format
• Follow the Seminar/Assessment sheet guidance
• Keep to the page count including footnotes (not including bibliography)
• Use Verdana, 10pt, double spaced
• Use footnotes for referencing
• Submission via Turnitin (access through Moodle)
https://www.nottingham.ac.uk/educational-excellence/services/turnitin.aspx

• OSCOLA footnote references in accordance with the UG handbook.

https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf

11/10/23 PRESENTATION TITLE 9

 Draft carefully
Proof Read
Read your work aloud, slowly.
Be objective about your work – wood & trees
• For meaning - Legal facts and accuracy,
• Argument development - flow
• Effective Communication - grammar/spelling
Consider the flow of your discussion – Use sub-headings to create structure (where
appropriate)
Be mindful of referencing – full references until last edit

11/10/23 PRESENTATION TITLE 10

 • Synthesis of ideas and evidence to address
Create the Question through discussion,
reflection and appraisal

• Judging the information, commenting,

Bloom’s Evaluation debating, defending and

distinguishing

Taxonomy • Break the information down,

Analysis mapping, information,
Map the techniques used in your questioning, measuring
answer
Reflect on the composition of • Demonstrate use of Rules,
your work Apply concepts and ideas,
Assess the quality of your prose prediction or advice

• Comprehension,
Understanding Summarising, Relating,
Contrasting, interpreting

• Identifying and
Knowledge selecting information
(description)
 Essay Questions

Quotation based Traditional Question

Quote Plus Question Outlines the content,
direction and focus

Statement and
Invitation to analyse Instruction
Suggests an issue, gap or Proposition and direction
tension about how to respond

ESSAY LLM 2022

11/10/23 12
Examine the Question
‘The law governing the extent to which a • What is the verb of the question asking you to
public authority may be held liable for a do?
careless failure to protect someone from • ‘discuss’
harm is neither clear nor satisfactory.’
Discuss • ‘investigate or examine by argument, setting out
all sides of the issues, giving reasons for and
against all sides’
What are the key words, key concepts? • ‘evaluate’
How do they relate to each other? • appraise the value of something in the light of
What are you being asked to do with them? their role in the subject area’ – not just your
opinion, but an appraisal which can be justified
Are there any value judgements in the question? by reference to evidence.
Are there any uncertainties in the wording? • ‘Critically assess/examine/evaluate/consider’
• What is the object of the verb? Be accurate and
careful in your reading of the question
 Re-read and look
for signposts
‘The law governing the extent to which a
public authority may be held liable for a
careless failure to protect someone from
harm is neither clear nor satisfactory.’
Discuss

ü Examine and reflect on every word of the question.

ü What are the assumptions behind the question? Duty / Burden/ Regulation
ü Notice and reflect on the wording: for example, ‘should’ ‘too much’ ‘why’ ‘how’
‘extent’ ‘balance’ ‘the extent to which’

11/10/23 PRESENTATION TITLE 14

 Mapping an Introduction
Consider the subject or module Review the big and small picture through Clear consider what steps you needs to take to address the
teaching. thematic evaluation question.
• Your argument is based on your observations of…A, B,C,D
• Where does the question sit • What are the wider themes identified The Argument…is
within the subject landscape? by the question?
• A Thesis or presentation of an idea or suggestion for
agreement.
• What are the key issues or • Are there any specific themes that you • An anti-thesis that presents a point of tension or dispute –
signposts highlighted in the consider are pertinent to the offering an alternative approach to the thesis
text? question? • Based in Synthesis – bringing together ideas and
observations about counter proposals – suggests new
• Why is the Q important? • What is the focus and why? perspective
• A Proposition – a statement with evidence and evaluation
supporting it?

ESSAY LLM 2022

11/10/23 15
 In the main body – chapters or
subheadings
Identify Define Evidence your position Evaluate Evidence Apply to the question directly

•Based on your argument. •Define your points •Support your argument with •Message, source, date, •Analyse any Comparisons,
Clearly outline what is …. •When – is there a proof. relevance, themes and Alternatives and Objections
•Interesting connection to time or dates? •Your evidence will need to language can be considered. .
•Challenging •Where – is the issue based support your response to the •Convince your reader that •What alternative points of
•Confusing on a time, place or question. there is a connection to the view and potential
jurisdiction? •Consider the context of your question and the other objections can be said
•Concerning points that you have made about this point.
•How – what is the discussion and select
•Clear-cut academic and relevant – how and why does this •Avoid an echo – the same
•Uncertain connection – is it based on
established legal principles, sources. evidence inform or develop position running through the
•Thought provoking about rules, conventions or theory? •Consider the form of your position? essay, as this can result in
the matter at hand? evidence from theory, cases, •Do you agree with the narrow or flawed
•Who – is any group,
community, organisation or socio-legal sources and author – if so why? Think arguments.
individual affected? examples. around a specific problem – •Triangulate – move forward
•All of which will need to be is there another view? from ping pong ( for /
•What is the impact of the
above? fully referenced. •Deconstruct the information against ) and consider other
- what systems of thinking voices – three solid
and patterns of information perspectives, anchored by
have you identified. your argument and
reflection.

ESSAY LLM 2022

11/10/23 16
 Using the I.D.E.E.A model
Identify

• Across the essay

Define

Evidence & Evaluate

Analysis

Create & Synthesis – link to

the question and your
argument

10/11/2023 17
 The beading technique
Thread your arguments together to form the answer
• Make the point clearly
• Explain issues or principles in
concise and relevant terms
Matter to be • Support your proposition,
• Identification of issue explored • Identification of issue discussion, statement with
• Discussion of Themes • Discussion of Themes academic authority
• Evaluation of Evidence • Identification of issue • Evaluation of Evidence
• Analysis • Discussion of Themes • Analysis • Critically evaluate the source
• Evaluation of Evidence and evidence presented by the
• Analysis source
Controversial Theme • Synthesise – map out ideas,
finding arising concepts and discussion points
(convergence and divergence)
• Proof read in context of your
discussion – check for flow…
 Conclusions are a declaration
so specifically address the question

Develop your critical position

Support the points with discussion
Reflect on your
Outline your most important of evidence and evaluate - what
Briefly restate your argument findings and YOUR
does this show you about the law
whether problem advice or essay findings/observations from the IDEAS
sub-sections of your main text and how it works?
position and respond to the
What is important, interesting,
confusing, weird, in need of question set
change, positive or concerning etc

ESSAY LLM 2022

11/10/23 19
 Using Quotes
• Choose the text carefully and with
purpose
• Think about the message
• The intended audience
• The words and structure of the
language
• To support
• To illustrate
• To initiate
• To expose

11/10/23 LLM ESSAY 2022 20