This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively, and that good use is made of supporting authorities.
Chapter
15. Answering problem questions
Chapter
15. Answering problem questions
This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.
Chapter
12. Concluding remarks
This chapter focuses on positive and negative developments in recent years. It welcomes the decline in the prison population and the increased focus on disproportionality. It also discusses those developments which can be viewed as negatives ones, particularly the continuing high imprisonment rate and the continued use of methods of restraining children and young people in custody. It focusses on the impact of Covid-19 on the courts, the prison population and the use of FPNs before discussing the arguments for abolition of the use of imprisonment or its reform. We then refer to the discourse of human rights—both its importance and the attacks on it, before referring to the re-emergence of problem-solving courts. Lastly the authors’ concerns as to ‘what needs to be done’ are considered.
Book
Emily Finch and Stefan Fafinski
Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, negotiation, and drafting.
Chapter
9. Problem-solving and case/matter analysis
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case and matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.
Chapter
9. Problem-solving and case/matter analysis
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case/matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.
Book
Scott Slorach, Judith Embley, Catherine Shephard, and Peter Goodchild
Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’ understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, writing and drafting, and revision and assessment. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
Book
Emily Finch and Stefan Fafinski
Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation.
Book
Judith Embley, Peter Goodchild, and Catherine Shephard
Edited by Scott Slorach
Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’' understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services and ethics. The next part considers, in the context of academia and practice, how to read and understand law, legal research, problem solving, oral communication and presentations, client interviews and meetings, negotiation and mediation, mooting, advocacy and criminal advocacy competitions, and writing and drafting. The final part examines employability skills, commercial awareness, business, economics and finance, law firms, and clients.
