I have been asked by
drafting students how to prepare for the resit. These are my thoughts.
*Newly updated - 30 July 2018 - all new content in bold*
*Newly updated - 30 July 2018 - all new content in bold*
1. Download the core law
document from Moodle. Do this early. Do not leave it to the last minute.
2.
Complete the legal research on the core law. Don’t forget to ensure you
understand the areas of law, and don’t neglect the Remedies manual as a
resource. In other words, you will need to have a basic understanding of liability and quantum. The Remedies manual is often overlooked by students - yet it is a very useful resource. If you have to start from basics, don’t be afraid to pick up the
relevant Nutshell. But understanding the law, is crucial. Top up your understanding with research from practitioner sources.
Make notes and printouts as needed. You will also need to know all of the legal and factual elements of a claim - make a list.
3.
Put together a drafting file – with all of your drafting work and all of
the suggested answers. Look back at your work, to review what you have learned about drafting. Use sections or tabs to label up. Know where you will
find helpful wordings and guidance. Make sure you’ve carefully read the
commentaries to the suggested answers. Put your notes on the law from point 2
above in your file. Go back to Moodle and check the class slides from LGS and SGS. Is there anything useful here you'd like to have with you in the exam - make a note or print it out.
4.
If you did not do the 2nd formal feedback exercise, please do
so under timed conditions. 3.5 hours, like in the exam. Then compare your work
to the suggested answer – and listen to my podcast. (Apologies - there is no podcast any more) This should give you a lot
of food for thought and tips on general student problems encountered in
drafting. If there were any small groups drafts you did not attempt, do them now. Even if they are NOT in the area/s of law in the core law. Drafting is a skill, and skills are learned from practice. Even an unrelated law drafting practice attempt will help you hone your precision, and will help you practice the transferrable skill of case analysis.
5.
Read your failed feedback thoroughly, even if you read it when you first
got your results. At the time you first got your results, you would have been
angry. You would not have been willing to learn from the feedback and know how
to improve. Read it with an open mind. What are your main areas which need improving? Which areas are good enough already? What do you need to do to achieve the improvements?
6.
Re-read chapters 7, 8 and 13 of the drafting manual. Really examine the “stages”
approach to drafting in chapter 7, the method of preparing to draft in chapter
8 and the advice and discussion in chapter 13. Going back to these chapters with the benefit of the knowledge you have amassed will help you pick up on small hints, tips and things to do in the exam.
7.
Re-read the documents in the Revision Resources on moodle. My advice
document and the revision notes are particularly of use. The Advice document is no longer on moodle. Sorry!
8.
Go back through the LGS slides and general resources on moodle. Some of
the grids may help you with efficient and logical case analysis. Remembering the order of issues will help you with the structure of your draft. Remember which issues need to go in your draft will help you with your case analysis.
9.
If you have often cut corners on case analysis, go back to the Case
Preparation and Opinion Writing Manual. Please do not start writing your draft until you have completed your case analysis. The vast majority of people who do not pass drafting are people who carry out little or no case analysis.
10. Write yourself short
account of half a page of A4 relating to what you did during the drafting exam
- how you spent your time, what tasks you did, what judgments and decisions you
made. Reflect on whether you carried out adequate analysis and planning in the
light of the work you have done above. Reflecting will teach you a lot about your own working practices, even if it can be upsetting.
11. Write yourself a short
account of half a page of A4 setting out what you think you need to do
differently. Refer to the failed feedback to do this.
The drafting process is:
Read
Analyse
Plan
Draft.
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