Law exam technique

What does IDEA stand for?

Identify, Describe/Detail, Explain, Apply.

What should you do in the Identify stage?

Identify the relevant legal issue or rule.

What should you do in the Describe/Detail stage?

Give the relevant definition or legal rule.

What should you do in the Explain stage?

Use case law or legislation to demonstrate understanding.

What should you do in the Apply stage?

Apply the legal rule and case law directly to the facts.

Why is application important?

It demonstrates A02 understanding by showing how the law relates to the specific facts.

What should you finish a major legal issue with?

A clear conclusion.

What is the best way to use case law in an answer?

Case → Principle → Application.

Why should you not simply list cases?

You need to explain what the case establishes and apply that principle to the facts.

What should you discuss first in a causation question?

Factual causation.

What should you discuss after factual causation?

Legal causation.

What should you consider after legal causation?

Whether anything has broken the chain of causation.

What should you look for in an attempt question?

More than merely preparatory, mens rea, relevant case law, impossibility, withdrawal where relevant, application and conclusion.

What should you do if the question says not to discuss the specific crimes?

Focus only on the specified issue and do not waste time explaining the whole offence.

What is the basic structure for a mens rea question?

Identify the mens rea → define it → give the relevant case → explain the case → apply it → conclude.

What is the basic structure for a causation question?

Factual causation → but-for test → case → application → legal causation → case → application → possible break in chain → case → application → conclusion.

What is the basic structure for an attempt question?

Criminal Attempts Act 1981 s1 → more than merely preparatory → case law → application → mens rea → impossibility/withdrawal if relevant → conclusion.