Hints on Answering Problem Questions in CAPE Law

By Don Mitchell, CBE, QC

1. The candidate will carefully follow the instructions in the question.
Responses should not be merged; for example, part (a) must be clearly
indicated and answered separately from part (b), which must be equally
clearly indicated. There are separate marks for part (a) and for part (b).
2. The candidates will use language that is grammatically correct, formal,
and impersonal, not general, vague or colloquial. Clear paragraphing, and
underlining of cases, statutes, and headings were appropriate will be
helpful for the examiner.
3. Candidates are encouraged to use the following format (summarized as
IRAC) when answering problem-type questions.
I - issues
R - rule of law
A - application
C conclusion
4. The successful application of the IRAC format is as follows. The
candidate starts of by stating what the issues are that he or she notices
arise from the scenario. In Tort, negligence may be the main issue. There
may be sub-issues such as contributory negligence, or another particular
defence. Stick to the facts in the scenario; do not make up or imagine
issues that do not arise from the scenario stated. The candidate then sets
out the rules of law on the issues that arise from the scenario. The
candidate explains the law and makes sure to get in as many relevant
cases and statutes as possible. This part should take up most of the
answer. The candidate then applies the law to the facts in the scenario,
explaining the implications of each fact in the scenario. Having done that,
the candidate draws his or her conclusions and says who is or is not
liable and for what reason. Do not make the mistake of starting your
response by giving your conclusion as to liability.
5. The candidate needs to be familiar with definitions of terms and
concepts, and should explain these as appropriate. In so doing, on-line
dictionaries and internet pages texts are to be avoided.
Your
recommended textbook is by Professor Kodilinye, and you should follow
his definitions.

6. The candidate will support his or her response with legal authority,
namely:
Case Law
Statute Law
Legal writers (the recommended text books, not the Lecture Notes,
please)
7. The candidate will deal only with the issues and applicable law that are
suggested from the scenario. The candidate must refrain from restating
the question at the start of the answer, except in so far as it is necessary
to show you are applying a legal principle to a stated fact. The candidate
strives to answer the questions precisely.