<<
>>

Applying the relevant law

The third step in the problem-solving process requires you to apply the relevant law to the material facts. It is your ability to do this convincingly that demonstrates the true extent of your understanding.

One type of classically bad answer simply reproduces, more or less accurately depending on the extent of your knowledge and understanding, all the law on the topic, with no attempt at selection or application. (In other words, it is a £10 note answer, of the kind we identified in the context of essay writing at p. 189.) In terms of professional practice, the equivalent would be simply to read aloud to the client the whole of the relevant chapter from a textbook and then claim that this amounts to giving the client legal advice.

Applying the law at the planning stage means considering how the law you have selected fits the material facts. Later, at the writing stage, you will apply the law to support your discussion, and thus demonstrate that you can construct a logical argument.

<< | >>
Source: Askey Simon, McLeod Ian. Studying Law. Macmillan Education,2014. — 239 p.. 2014

More on the topic Applying the relevant law:

  1. Selecting the relevant law
  2. Resolving conflicts between English law and European Union law
  3. Common law, equity, statute law and delegated legislation
  4. 5.4 IMPLICATIONS FOR DOMESTIC PUBLIC LAW AND INTERNATIONAL LAW
  5. Law of Nations, World of Empires: The Politics of Law's Conceptual Frames
  6. Common law and civil law
  7. This Roman Law of Obligations comprises notes of lectures given at the University of Edinburgh in 1982 by Peter Birks, who was then Pro­fessor of Civil Law in the Scottish capital.
  8. How European Union law enters English law
  9. THE RULE OF LAW AS THE LAW OF RULES9
  10. Common law and statute law
  11. PRIVATE LAW AND PRIVATE INTERNATIONAL LAW: LOCATING WOMEN
  12. How does law do it?