Hints on Answering Problem Questions in CAPE LawBy Don Mitchell, CBE, QC

1. The candidate will carefully follow the instructions in the question. Re-sponses should not be merged; for example, part (a) must be clearly indi -cated 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 help-ful 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 can-didate 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 de-fence. 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.