Pulling a Case Apart
Reading a case isn’t the same as analysing one. A simple trick is to ask the same questions every time:
| Element |
Question to Answer |
| Facts |
What happened, and which facts actually mattered legally? |
| Issue |
What question did the court have to decide? |
| Holding |
How did the court answer it? |
| Ratio decidendi |
What’s the principle the decision rests on? |
| Reasoning |
Why did the judges get there? Was there a dissent? |
| Obiter |
What was said that wasn’t strictly needed for the decision? |
| Significance |
Where does this case sit in the area of law, and how might it apply to your question? |
That last row is the one most people skip, and it’s often where the marks are. Don’t just report what the court said. Explain why it matters to the argument you’re making.
Making Sense of Problem Questions
A problem question hands you a set of facts and asks what the law says about them. Having a framework stops you from freezing up and keeps your reasoning easy to follow. Here are the ones you’ll hear most:
| Framework |
Stands For |
Typically Used |
| IRAC |
Issue, Rule, Application, Conclusion |
The most common structure in Australian law schools |
| ILAC |
Issue, Law, Application, Conclusion |
A close cousin with the same logic |
| CREAC |
Conclusion, Rule, Explanation, Application, Conclusion |
Handy when you want to lead with your answer |
| MIRAT |
Materials, Issue, Rule, Application, Terminate |
Used in some Australian units |
Pick the one your lecturer prefers, because that’s the one that will be marked.
How to Work Through One
- Read the question twice. Work out who you’re advising and what you’ve actually been asked to do.
- List every issue. There’s usually more than one, and missing a secondary issue is an easy way to lose marks.
- State the rule precisely. Name the section or case and set out the test.
- Apply it to the facts. This is the heart of the answer, so use the specific facts and think about both sides.
- Land on a conclusion. Say what’s most likely to happen and why, and be honest where things are genuinely uncertain.
Don’t forget remedies. If you’ve found liability, say what follows from it.
Essays and Reasearch Papers
Essays reward a clear argument, not a tour of everything you know. Good support will help you turn the question into a focused thesis, plan paragraphs that each move your argument forward, use academic commentary to evaluate the law rather than just describe it, and deal with the strongest counter-argument head on. Finish by answering the question you were actually asked.
Referencing and Presentation
Most Australian law schools use AGLC4. It’s fiddly, but it’s also one of the easiest places to protect your marks. Before you submit, check your case names and citations, your legislation titles and section numbers, your pinpoints and footnotes, and that your bibliography is complete and consistent. If your unit guide does something differently, follow the unit guide.
