Life in 2020: The Student Body Remembers
Moving to a new state alone to start the JD this year came with fears and many expectations. I had a mental checklist of things I strived to do, including trying to get out of my comfort zone and get involved at USYD. I figured this would allow me to meet new people and start fresh. However, life is unpredictable and before I knew it I was on a flight back home merely 2 months later. Reflecting back, I have now come to accept the situation but at the time, I was distraught, my mind was constantly racing and I couldn’t sleep for months
By Ashmita Senthilatiban, with assistance from Josephine Hoe
Moving to a new state alone to start the JD this year came with fears and many expectations. I had a mental checklist of things I strived to do, including trying to get out of my comfort zone and get involved at USYD. I figured this would allow me to meet new people and start fresh. However, life is unpredictable and before I knew it I was on a flight back home merely 2 months later. Reflecting back, I have now come to accept the situation but at the time, I was distraught, my mind was constantly racing and I couldn’t sleep for months. Despite being grateful to be back with my family and friends, I had lost any motivation to finish the semester. I was disappointed that I wouldn’t have the experience that I envisioned this year, and so any effort to reach that goal now seemed pointless. Upon interviewing other first years in the student body, I realised that this disappointment was also reflected in their experiences. Nevertheless, we tried to make the best of our circumstances, enthusiastically joining online sessions and making an extra effort to stay connected with the faculty.
The use of zoom to deliver tutorials took some getting used to and presented many obstacles. Besides connectivity issues caused by oversaturation of users on zoom, I personally found online tutorials intimidating. Being a rather timid person myself, I struggled with participating in class. Based on the declining participation levels through the semester it was evident that I wasn’t alone in how I felt. However, my experience greatly improved in semester 2. Since there were no disruptions through this semester and both students and lecturers had grown accustomed to online learning, it was as close to a normal semester as possible. Students interviewed had also reflected that they were more confident with class-participation when many of their classmates had been reduced to tiny boxes in the Zoom gallery. I’m grateful to have had lecturers and tutors that were understanding and accommodating to the effects that this global pandemic and the transition to a fully online system of learning has had on us students. However, the response from the student body has acknowledged a preference for brick-and-mortar classes, as the online format had created a less professional environment, with many students confessing that they were watching lectures while lying in bed.
Being back home in Perth, I now run 3 hours behind Sydney. Initially, this was a challenge as I had scheduled most of my classes at 9am, meaning my days now started at 6am. Not being a morning person myself, I found it difficult to stay awake during my morning classes. However, there was a silver lining to this in that finishing my classes earlier in the day left me more time to spend on revision or preparation for my tutorials. By reorganizing my daily routine, I was able to make this lifestyle work for me.
I couldn’t help but initially feel disconnected from my cohort and the law school community in general. Unlike face to face tutorials, online tutorials didn’t provide an avenue to get to know your peers since tutors barely had enough time to deliver the weekly content. While sceptical of online events myself, SULS events surprised me just by how interactive they were. I was glad to have the opportunity to hear from often esteemed and diverse panels from all around Australia, especially after appreciating how complicated these events often are to plan from experience. Attending these events allowed me to still experience being part of the law school and SULS even though I wasn’t physically on campus. Upon speaking to several students on their personal connections to the Sydney Law community, many of them have acknowledged that they have felt significantly less connected. While some highlighted that the online social events were wonderful alternatives for networking and corresponding with school authorities, others indicated that they miss engaging with other students in tutorials to check in on their own learnings. Connection with the community is easily taken for granted, especially if it comes naturally. With the pandemic, it took additional effort to reach out to schoolmates, and to attend online socialising sessions despite the unfamiliarity.
The biggest concern that was raised by the student community was the online examination format. A plethora of online horror stories were recalled by students struggling with the shift from a physical to online examination format. One student recalled handing in an examination paper for the wrong subject, and another lamented the inability to takedown physical notes in the margins of a hardcopy, and had once accidentally deleted her paper halfway through a 24-hour paper. The increased academic demands of a take-home or open-book exam, a word count limit, and experiences with technological errors and glitches have left many students frustrated. On the other end of the spectrum, there were students that enjoyed the online examination format. They cited reasons such as greater accessibility to notes, avoidance of that all too familiar hand cramp, and less memorisation that helped reserve energy for more in-depth research.
The SULS Women’s committee has had its own share of technological inconveniences regarding the recent Women’s Mentoring Program (WMP) Launch. The WMP Launches in the past few years made use of the physical campus where mingling and networking would have naturally occurred. As a result of moving the entire program online this year, our unfamiliarity with Zoom led us to create over 50 zoom links that were later deemed unnecessary due to the break-out room feature. One of us quipped that under ordinary circumstances, we would not have to go through such administrative hassle, as a single email on the location of the launch would have sufficed. While the work-from-home culture has been generally praised for its flexibility in working schedules and accessibility to almost all, we should be careful to rush into this new world of online work and learning, lest we forget the joys that came from physical community and brick-and-mortar learning.
This article was co-written through the perspective of Ashmita Senthilatiban, with Josephine Hoe reviewing the feedback from the student body. Our saving grace this year was the opportunity to serve the student body through the SULS Women’s Committee. Despite not being able to meet any of these amazing ladies so far, being a part of the committee helped us feel connected with SULS and our peers. From having to transition our biggest events online, figuring out the intricacies of Zoom, the never-ending Google documents, excel spreadsheets and brainstorming of future events, distance was never a barrier. Our weekly meetings provided a sense of normalcy this year and reduced the overwhelming sense of isolation we both felt by being geographically distant. We will always be thankful to our incredible committee; Sinem, Michelle, Madi, Melina and Amber for their constant support and making 2020 so memorable.
SULS COVID-19 Student Experiences Survey
The SULS COVID-19 Student Experiences Survey was administered in Semester 1, 2020 to gather information on students' experiences of the COVID-19 pandemic. It measured experiences in three areas: economic experiences, academic experiences and mental wellbeing experiences. It was presented to the law faculty on 2 July 2020 at the Student Staff Consultative Forum.
The SULS COVID-19 Student Experiences Survey was administered in Semester 1, 2020 to gather information on students' experiences of the COVID-19 pandemic. It measured experiences in three areas: economic experiences, academic experiences and mental wellbeing experiences. It was presented to the law faculty on 2 July 2020 at the Student Staff Consultative Forum.
Law Student Excellence: Lessons From A Leading Law Innovator
Every year, thousands of students across Australia enter their first ever law lecture feeling a mix of excitement and nervousness. Some feel it is the long-awaited beginning of their journey to becoming Australia’s next leading barrister, while others view it as just another boring day at university. One thing that is common among most students, however, is a desire to have a unique impact on the world, and to be more than just an average student.
Someone that has certainly exemplified what it means to be more than just a law student is Milan Gandhi. Milan is the Founder and National Director of The Legal Forecast, a not-for-profit run by early-career professionals who are entrepreneurially-minded and promote the importance of technology for effective legal practice.
By Cameron Jordan (JD I)
Every year, thousands of students across Australia enter their first ever law lecture feeling a mix of excitement and nervousness. Some feel it is the long-awaited beginning of their journey to becoming Australia’s next leading barrister, while others view it as just another boring day at university. One thing that is common among most students, however, is a desire to have a unique impact on the world, and to be more than just an average student.
Someone that has certainly exemplified what it means to be more than just a law student is Milan Gandhi. Milan is the Founder and National Director of The Legal Forecast, a not-for-profit run by early-career professionals who are entrepreneurially-minded and promote the importance of technology for effective legal practice. Milan also graduated with First Class Honours in law and won the Australian Law Student of the Year award where he received a perfect score from every judge.
Beginning with music video directing in Brisbane and the Gold Coast, Milan had a desire for more intellectual exploration, and found it in the law, following the footsteps of his grandfather who practised in East Africa. This has led him on adventures ranging from studying space law in Vienna to assisting to design and organise 54-hour ‘legal hackathon’ Disrupting Law. Milan worked for McCullough Robertson Lawyers for six and a half years, firstly as a clerk, and then as a lawyer in the firm’s construction litigation team. Milan was also the firm’s first innovation ambassador and continues to aid the firm in relation to one of its innovation programs called ‘McR Changemakers’.
Milan recently moved outside of private practice to take a unique opportunity with DMTC (formerly the ‘Defence Materials Technology Centre’) where Milan’s dual-role is focused on innovation and business strategy, and on aspects of in-house legal work. DMTC collaborates with defence industry participants and research institutions to deliver innovation that enhances Australia’s defence and national security capabilities.
Excelling as a law student
Everyone has their own constantly evolving definitions of excellence and success, but there is general advice that everyone can take on board. Milan suggests that you should begin by saying yes to as many opportunities as you can:
“It’s important to get varied and practical experiences outside of the classroom. You shouldn’t rely on law school to define what opportunities and pathways are available to you… attend professional events and become curious about the sector you are entering. As for obtaining those interesting opportunities – it’s a numbers game. Apply, apply, apply! You need to overcome the self-doubt and hit submit on that application. It may be a cliché, but it’s true that you miss every shot you don’t take!”
He also stresses the importance of a positive attitude, and notes the benefits of developing traits such as patience, humility, curiosity, and proactiveness:
“The most successful people I know strive for excellence and maintain a good attitude in everything they do, especially the boring parts of the job. This approach will take you far as a newbie in the legal profession (or any profession/industry). The successful people I’ve observed also have a willingness to ask the stupid questions and to lean on the dictionary whenever they come across something they don’t understand – it’s better to ask and look stupid now, then to pretend you know and face a systemic deficiency in your knowledge later…”
Searching for opportunities, and having a solid attitude is only the start, as Milan reminds students to ensure they do not ignore the development of fundamental legal skills:
“I’m all about cultivating business savvy, EQ, and leadership skills, and I sincerely believe in (and know) the power of strong networks and professional relationships. However, none of this can come at the expense of your fundamental technical skills – you must work at and take pride in these as “Step 1”. Law students must leave law school with confident writing and legal research skills. That is the foundation of how you will make an impression and provide value on a day to day level during your initial work experience opportunities and onwards. Go to and take an interest in any and every L&D session your legal library puts on while at law school!”
Managing time and staying motivated
Many students may struggle with time management due to the demands of law. They may also find it hard to stay motivated as they get deeper into their degree. It might be when they are up late studying, their friends are all out socialising, or when the lecturer’s attempt to explain a particularly dry concept is putting them to sleep. This can be compounded by that feeling that everyone around you has things under control, despite this not really being true.
Milan suggests that the first thing to understand is that everyone fails at time management at some stage, and that everybody has different responsibilities. He shares some practical tips:
“I definitely did and continue to struggle with this one. A solid to-do list never goes astray, and I’ve found some assistance from software tools that are at everyone’s disposal like Trello, Evernote and Wunderlist (although I think Wunderlist is going to be replaced by something else soon). There’s a lot of great resources out there that can assist you with time management and organisation… but any of my friends/family reading this will know that balance is not necessarily my strong suit! It’s a work in progress, and I know some are struggling with much greater challenges and life commitments than others, which is why there is not a one-size-fits-all lesson on how to manage time.”
Learn about the power of prioritisation, figure out how you can apply the 80/20 rule in your life, and always be looking for ways to reduce ‘time leaks’ such as aimless social media scrolling. Over time, you will become a time management master, and you will be rewarded with more time for leisure.
It is also extremely beneficial to find what inspires you, and to surround yourself with great people. You can use this as fuel to stay motivated, which will ensure you remain productive. Milan says:
“Inspiration is important and often triggers the best and biggest career (and, for that matter, life) adventures – these days I take a lot of inspiration from the people around me, and from opportunities to think creatively (where they may arise). I am also in the privileged position to be able to reflect on past successes and recall the feeling of seeing vision, hard work, and commitment pay off for myself and for my team - the “cat is out of the bag” in that I know what is possible with the right attitude, the right values, and a willingness to do the hard yards. A healthy dose of fear and duty is also a great source of motivation (although perhaps not inspiration) – I do fear becoming complacent/losing the momentum I have built in my career to date, and I feel I owe it to myself and the generous mentors who have opened doors for and supported me (including, first and foremost, my parents) to continue to strive for positive change, professionally and otherwise.”
The future of legal practice in Australia
Understanding where the law is heading in the future is also vital for all law students, particularly after the outbreak of COVID-19. Having a firm grasp of technology and innovation will ensure you are able to better handle unforeseeable events should they arise, and will allow you to have more of an impact in whatever field you are in.
“My theory (and it is only a theory) is that there is a dual thing that is happening… people are right in thinking that COVID has caused digital adoption and accelerated flexible working practices, but there is the deeper and somewhat contradictory issue of law firms entering survival mode and (understandably) losing their appetite for discretionary spending and investment in R&D focused on the long-term future. I’m not an accountant so take what I say with a healthy pinch of salt, but a lot of law firms operate on a “cash lean” model and are relatively low on long-term cash reserves. COVID may have revealed some of the existential issues for law firms that operate this way, but has also shone a light on the difficulty, within the typical/traditional law firm structure, of making big strategic plays for the future and having the cash on hand to do so. .”
What now?
While at law school, there are two things you need to do. The first is mastering the law, and the second is mastering law school itself. Commit yourself to always be innovative in your studies, always be searching for ways to be more productive, and always be asking yourself why you decided to study law in the first place.
It is true that success leaves clues, so look for clues that individuals such as Milan Gandhi leave behind, and use them to help you become the best law student you can be. Good luck.
Milan Gandhi can be contacted via LinkedIn: https://www.linkedin.com/in/gandhimilan/.
The Legal Forecast can be found here: https://www.thelegalforecast.com.
You did not get the clerkship: What else can you do this holiday?
The desire to be selected for a clerkship seems to be shared ubiquitously among law students and aspiring lawyers in Australia. At the same time, because so many people end up applying for clerkships, not all applicants, including excellent applicants, can be accepted. This can create quite a bit of heartbreak and sorrow.
Joseph Black explores some alternatives for law students this break.
By Joseph Black (JDII)
The desire to be selected for a clerkship seems to be shared ubiquitously among law students and aspiring lawyers in Australia. At the same time, because so many people end up applying for clerkships, not all applicants, including excellent applicants, can be accepted. This can create quite a bit of heartbreak and sorrow.
Let us state a hypothetical: you are an excellent student who was not accepted for a clerkship. What do you do during your holiday instead?
Below are some ideas I have come up with. I do not speak as a coach, expert, or adviser but merely as a fellow law student, who has considered a variety of possibilities.
Learn a new language
One idea is to learn a new language. Our law school hosts an incredible number of students from around the world. By learning one of their languages, maybe you can learn to better converse with them, or at least in a new way, during and after the pandemic. Perhaps this could help you land a job in Australia or abroad in future. By learning a new language, maybe you can develop new ways of perceiving life.
If you spend several hours each week learning a new language, I believe it is quite possible you could be semi-fluent by the end of the break. If you spend several hours each day, perhaps you will be a multilinguist in a few months.
Write for a publication
Another idea is to write for the Law School paper. At Sydney Law School, you have a myriad of options: Citations, Yemaya, Dissent, MOSAIC, Law in Society. The University of Sydney also has Honi Soit, and, I assume, many other papers as well. Through writing, you may develop your voice, which could help you continue to write fantastic essays later in your law degree, and foster a brand for yourself, which could help you advance in your future lawyering career. Maybe you can write an article assessing recent law reform in a particular area of law. Maybe you can write an article focusing on native title.
Study abroad*
Given the current pandemic and travel ban in Australia, study abroad is probably best for students already overseas or who can easily and responsibly travel overseas. Universities abroad often have winter schools, summers schools, summer institutes, and short non-degree programs in a variety of subjects throughout the year.
You could study a field of law you cannot study at Sydney Law School, expand your network of lawyers and aspiring lawyers (internationally), connect with professors at other schools who can connect you to future jobs, and study material which you can later use in Sydney Law School assessments. A quick Google search can help you find a variety of options available. European University Institute in Italy offers a myriad of short programs throughout the year.
Volunteer at legal centres in your community
Volunteering at legal centres can truly be insightful. You can: see how solicitors work, interact with authentic clients in real life, help make significant and positive impacts on others’ lives, and see if a certain field of law really is for you. In my opinion, volunteering at legal centres is vital to building the community – and, as aspiring lawyers, that is a noble thing to do. Maybe you can volunteer at Marrickville Legal Centre. Maybe you can (remotely) volunteer with the Earth Law Center in the United States. A quick Google search shows a variety of options are available.
Volunteer at charities (not specifically law-related)
Like volunteering at legal centres, volunteering at charities can truly be insightful. You can: have the opportunity to help those who are extremely in need, have exposure to things you would not have had exposure to otherwise, practice another language, and make a real impact in the world. There are so many charities to choose from. Some places you could volunteer at, in Sydney, include Salvation Army, Vinnies, Twenty10, and ACON. Once again, Google can be helpful.
Do a law internship
If your heart is set on the clerkship, maybe look at doing a law internship instead. Through a law internship, you can still have the opportunity to engage with legal issues, make contacts in the legal universe, whet your legal mind, and perhaps help yourself land a job in the legal universe post-degree.
Sydney Law School offers internships at its different institutes: The Centre for Asian and Pacific Law, Sydney Institute of Criminology, Sydney Centre for International Law, and many others. A quick Google search can maybe help you find law internships at other places in your area as well.
Of course, this is not an exhaustive list of ideas, but just a sample. Now, try this. Grab a pad, pen, and trace a circle in the middle of a page. In the middle of the circle, put YOUR NAME and WINTER 2020. Around YOUR NAME, list a variety of things you could do. What do you think you could do, which could help propel you towards a career in criminal law? Take an online criminal law class, focusing on criminal law in America, through FutureLearn or Coursera? Do something quite novel, and take an online class on Pashtunwali? Do not let those clerkship rejection letters get in your way. The world is your oyster.
* For study abroad during the pandemic, I would probably carefully consider pros and cons and specific legal issues regarding going out or coming back to Australia or another country, with someone appropriate to consult. For study abroad, perhaps a virtual study abroad is possible?
130 years of Sydney Law School
For every law student, we pride ourselves for being a part of Sydney Law School, from the high ATAR cut-off that creates so much tension on USyd Rants, to the sleek, modern, glass architecture of New Law and New Law Annex making landmarks on Eastern Avenue, to the vibrant SULS and the supportive teaching staff, no matter how much we complain about law school, we really love being a part of it.
By Coco Chen (BA/LLB II) and Jingyi Li (BCom/LLB I)
For every law student, we pride ourselves for being a part of Sydney Law School, from the high ATAR cut-off that creates so much tension on USyd Rants, to the sleek, modern, glass architecture of New Law and New Law Annex making landmarks on Eastern Avenue, to the vibrant SULS and the supportive teaching staff, no matter how much we complain about law school, we really love being a part of it.
As Dean and Head Simon Bronitt reminded us in his weekly newsletter, 2020 marks the 130-year anniversary for Sydney Law School. And what better time than now, a strange point in time that will most definitely be recorded in history, for us to look back into the past of Sydney Law School.
From Faculty of Law to Sydney Law School
The degree in law was established by the 1850 Act to Incorporate and Endow the University of Sydney, in Clause 11:
whereas it is expedient to extend the benefits of colleges and educational establishments...for the promotion of literature science and art…, Be it enacted That all persons shall be admitted as candidates for the respective degrees of Bachelor of Arts, Master of Arts, Bachelor of Laws or Doctor of Laws…
Standing alongside Arts and Medicine, the Law degree holds the longest history in Australia’s oldest university. For a lengthy period of that time, an Arts degree was a prerequisite for a Law or Medicine degree, which acted more like qualifications for exam results rather than certificates of completed courses.
Even though the Faculty of Law came into existence in 1855, it did not function as a teaching facility until the appointment of the first Chair of Law and first Dean Pitt Cobbett in 1890, the year marked by Dean Simon Bronitt as the inaugural year of operation.
From St. James Campus to New Law Building
Current undergraduate law students may not have memories of the main building prior to the construction of New Law Building, since the magnificent structure has been located on Camperdown Campus for over a decade. Before 2009, law school students attended St. James Campus bounded by Phillip, King and Elizabeth Streets. The 16-level building with a 4-storey library was situated right by the Supreme Court and Barrister’s Chambers. To quote Professor Gillian Triggs, Dean of Law School from 2007 to 2012, ‘it is not-uncommon a sight to see High Court and Federal Court judges duck through the traffic to the law school after court sessions have concluded for the day, to give lectures and attend seminars’.
The highlight of the old law school is undoubtedly its close proximity to the heart of the legal practice, but it also created a problem in its distance from the main campus. Prior to the Law School’s move to St James Campus in 1969, students and staff had been bouncing all around CBD, including some floors in the Wentworth Court, a spot on Phillip Street, the now Selbourne Chamber, a floor in Martin Place, Wigram Chambers back on Philip Street and Barristers Court. Yet at the same time, the Law school had seen an increase of full-time enrolments and a need to find a permanent location back on Camperdown Campus. In 1957, as Sir Keith Murray led an inquiry on Australian Universities, the then-Vice Chancellor took the opportunity to propose constructing a new law building. Looking 52 years into the future, the proposal will eventually be fulfilled by Francis-Jones Moreton Thorp’s design which manifests itself as the current New Law Building and Annex.
When the construction was complete in 2009, the excitement towards moving into such a modern architecture was recorded in the architect’s publication, ‘In the Realm of Learning: The University of Sydney's New Law School’. Amongst the most mentioned locations were the moot court and the library with special mention to the installation of technologies to record lectures. Reading the words of those who were witnessing the equally amazing exterior and interior of the new law school for the first time, reminded me of the opportunities I have had the opportunity to get up on level three of New Law Building, either handing in assessments or getting lost in the law building in the early weeks of first year when I was supposed to be in the annex. Whenever I go up there, I always take the chance to gaze at Victoria Park and the skyline in the distance and think to myself, this would be the view it takes to overcome any challenge.
During its 130 years of operation, Sydney Law School witnessed history running its course and never stopped shaping brilliant minds who have their hearts set on bettering other people’s lives and advancing the society we are all a part of. Indeed, Dean Simon Bronnitt reminds us that “global wars, depressions, pandemics… have never daunted the spirit of this place, its people and programs”. Many of us can say for sure that this is the strangest semester we have ever had, but the support from our cohorts has been tremendously supportive and heart-warming. I suppose, when we graduate from Sydney Law School, we will look back at the past five years and think to ourselves: it was the best of times.
Bibliography
Act to Incorporate and endow the University of Sydney: http://www.austlii.edu.au/au/legis/nsw/num_act/sua1850n31286.pdf
The Law School Shift
Law School Basics Panel: Online Exams
This is a complete transcript of the SULS panel discussion for online exams held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Professor Rita Shackel, Dr Kevin Walton, Professor Peter Gerangelos and Dr Gemma Turton.
This is a complete transcript of the SULS panel discussion for online exams held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Professor Rita Shackel, Dr Kevin Walton, Professor Peter Gerangelos and Dr Gemma Turton.
Questions (click on the links to jump to each section):
Do you have any advice on turning the lecture or tutorial notes into appropriate exam notes?
How is preparing for an online exam different to preparing for an in-person exam?
How do you think the reading time should be used in an online exam/open book exam?
Do you have any tips on typing exams? I often feel more fluent when writing with pen and paper.
Would the expected standard of answers for a two-hour exam be different to that of a two-day exam?
What should I do to prepare for an open book exam?
GT: My advice for an open book exam is to largely treat it like you would a close book exam. You aren't going to have time to be making an enormous amount of reference to your materials, and you certainly don't want to be looking at any of the topics or any of the statutes for the first time in the exam. Even though it's an open book exam, you should be as prepared as you would be if it was a closed book exam, and think of your materials as a support, rather than the primary resource that you're going to use.
RS: I agree entirely. I think one of the key messages for this semester with the online exams, is to be organized. Students will need to be really mindful of time management, given the fact that there are word limits imposed on the short release take-home exams.
PG: Yes, I would concur with everything that's been said, and particularly the point about treating the open book exam in the same way as you would a sit down exam. In other words, you should be preparing for it in a very similar way. I think the only difference with an open book exam is simply that you don't have to rote learn case names etc., so you can focus on the substantive content of the material. Don't think that you can leave it until the day and just rely on your notes; you won't be able to. And if other courses are like mine, when we are aware that students have access to materials, sometimes the questions can be a little bit more challenging, in order to avoid students being able to look up an answer. I would be preparing for it as if it were a closed book exam, by understanding case principles and how they apply, identifying issues and so on. We should also add, students should become familiar with the scenarios and the facts of the cases you've been studying and also do revision problems that you've been given and practice that under time conditions.
KW: I just want to pick up on something that Peter said, and that is although you don't need to memorize the case names, you're going to need a really good set of notes. You don't want to be rifling through your notes, trying to find the name of the case, while you're doing the exam. You should be making notes that you can refer to quickly in the exam and that would be a crucial part of preparation.
Do you have any advice on turning the lecture or tutorial notes into appropriate exam notes?
PG: The examination notes should contain a clear statement of legal principle, with reference to the relevant cases, which goes back to Kevin's point. The idea of exam notes is to have a set of principles that are a full summary of the lecture and tutorial notes in order to also assist you to remember the more nuanced points; but if there are important nuanced points, perhaps you might want to put them precisely in the exam notes. That’s what I often say to students. There is an art in putting maximum meaning into minimum words, and that's the exercise with exam notes. Now some students say, ‘I took your advice and I used minimum words when they seek feedback on an assignment’ and I say, well yes, but unfortunately you forgot the first bit which is putting maximum meaning. Whatever you state must have the complete statement of the legal principle. That's what the exam notes are there for, to jog your memory, with respect to principles that hopefully you will have internalized as if you were preparing for a closed book examination. You can’t put everything down on the exam notes. They presuppose deep study and deep knowledge. Often you surprise yourself, if you have been doing that deep study, deep preparation and deep thinking, at how that material or knowledge you've gained does come out when you see a very cleverly framed set of exam notes.
GT: A couple of other tips that I might suggest is that when you're making those notes, make sure that you are referring to the course as a whole, rather than the specific questions that were asked in a tutorial. I think students sometimes frame their notes in terms of the issues that came up in the tutorials, and obviously it's not possible for us to have covered everything about a topic within the tutorial. So make sure that your notes are wider than that they addressed the course as a whole, and perhaps when you're making your notes about the cases, think about why you're using cases in your answers. Is the case a key case that establishes a legal principle? Is it a case that creates an exception or limits or expands that principle or is it a case it's more illustrative of how that might be applied to facts? And think about why you might use particular cases in your answers, and let that shape how we take notes on them as you're condensing those notes down.
How is preparing for an online exam different to preparing for an in-person exam?
KW: I think it's implicit in a lot of what we've been saying, there's not really much difference in the preparation you should be doing. Obviously, just before the exam, you're not going to be getting on the train or the bus to come to the University campus. But in terms of the substance of the exam, your preparation is going to look no different. We've already made the point that you shouldn't be relying heavily on notes in the exam anyway, so although you might have more space than you would have in the exam hall, doesn't mean you need to fill the space.
RS: I agree entirely with Kevin's point. And I think that is one of the key messages coming out of everything that has been said so far, that in terms of the static side of exam preparation, not all that much is really different. I think where the difference arises is perhaps in the physical preparation and also what you do during the exam, and even some of that is not all that different. But I do think that in the conduct of the exam, students will need to be much more alert to issues around time management, and obviously also alert to some of the technical aspects of accessing and submitting an exam online.
GT: In an in-person exam, you're used to having a time limit; and now there will be word limits on some exams, if not all. It's important to make sure that you are aware of the word limit before you start. If you've got more of an extended-release take-home exam, plan when you're going to actually complete the exam: are you going to leave yourself time to go back and proofread it, and make sure that you've built all of that in before the submission deadline?
PG: Prepare a nice space for yourself. Make sure that you've got everything ready to go before the day. Perhaps a cup of coffee or whatever else you might need and put up a notice on your door that you're doing an exam so that people don't disturb you. Really make sure that everything is working well technically, well before the exam period so that it doesn't hit you on the day and create a massive panic.
KW: Just as you would in an in-person exam, you should be putting your phone away. It shouldn't be next to you while you're doing the exam, it's going to distract you. But also you have no reason to have it because you're not going to be communicating with anybody during the exam and certainly not about the exam itself. Just as you're going into the exam hall and there are certain things that you shouldn't have with you, you shouldn't have that device sitting next to you.
GT: And I would also put it on airplane mode because I know, for example, I get notifications on my watch. If a message has come through on my phone and I would find that distracting. As well as putting my phone completely out of reach, I would put it on airplane mode so that there is no unexpected distraction at all.
KW: And turn off notifications on your laptop as well.
How do you think the reading time should be used in an online exam/open book exam?
PG: In the same way that you would do in an in-person exam. Even though we cannot enforce reading time, because you're in charge of the time yourself, I do think it's important that you spend 20 to 30 minutes planning your examination. I think that the initial period of looking at the exam problems, making an initial assessment of what you're going to attempt and initial issues is how you should use the time. Once you see what you need to do, attempt to allocate a number of minutes to each question, in order that you are able to complete the examination on time. The reading time is a time of deep reflection to identify issues, key facts, etc. before you actually start answering the question. If you just start immediately, you will get bogged down in your writing and you will miss things. That’s the essential answer.
RS: From some of the emails I received from students, there is a particular concern around how to manage word limits. Perhaps adding to Peter's suggestions around planning and allocating your time in the exam, there may also be some benefit to thinking about how you're going to allocate word limits so that you can keep track of those word limits as you're progressing through your exams.
If I am going over the word count of an online exam, what should I do? Should I keep writing and cut later or stop and start cutting?
KW: Peter has provided some great advice on this, which is "maximum strategy of the maximum meaning and the minimum words". We've set the word limit in such a way that you should have plenty of words in order to answer the question. And what you shouldn't be doing is quoting slabs of a judgment, or sections in legislation; that's a waste of the words that you've been given. You should be mindful as you're planning your answers; treat each part of the answer as something quite separate, and be aware that if you have gone over the limit in one part, you're going to have fewer words to answer other parts. Try and avoid that as you're going and always have in your mind Peter's advice that you're trying to be pithy and capture the crucial principles and rules in as few words as possible. Unless there is a particular inspiration that's very important, there's no need to be reproducing sentences.
RS: Also resist the temptation to cut and paste from other word documents from the electronic version of your notes, for example. Cutting and pasting into your exam risks, first, taking you over the word limit, and secondly, opening you up to plagiarism. So students should think really carefully about cutting and pasting into their exam answer.
Generally speaking most exams have specified an overall word limit. And that word limit has been made very clear in the cover sheet and will be strictly adhered to. When that word limit has been reached, the marker stops reading.
PG: When you are preparing, spread out the words evenly between the questions that you've been asked, as you're doing each question. Once you're reaching a particular self-allocated word limit, then you should start self-restraint to not go over too much. The word limit is ample in order for students to be able to, not just have a solid answer, but an excellent answer. One way to assist you in this word limit scenario where we're applying word count is in the preparation for examination notes. Now that you have the time, state the key principles or as many as you think is appropriate in very pithy language, but very fulsome in meaning. You won't be able to do that in the examination. Part of preparing for exams is being able to do that and not be very long-winded in the statement of principles.
GT: If you're trying to determine how many words you want to allocate to specific parts of the question, look out for whether marks allocated to parts of the question have been indicated by the examiner, because that's obviously a guide to how many words you want to be spending on each question.
Are students expected to include a record of the work count, or can the work count be viewed by examiners without students stating it?
RS: The word limit can be independently checked and will be checked and verified through Turnitin.
If we are running out of time in the exam, should we be covering every issue briefly, or a couple in more detail?
PG: As many issues as you can briefly, I think, although it depends on the examiner. One of the things that the mark is based on is the identification of issues. It's far easier to get from naught to 50 than it is to go from 50 and above. So if you get a couple, in detail, and you've missed five other issues, it's very difficult to get a pass; whereas if you identify five issues and deal with them briefly, it's indicative to the examiner that you know what you're talking about, you just haven't had the time to go through it all. Then, you might find that you actually do get to the 50% mark on that question. Applying that across the examination as a whole, it's far better to answer all the questions. Say, if there are five questions, to answer four really well and not answer question five, you'll get absolutely zero and that last question does affect your others. It's better to attempt everything. If you do run out of time, just even in dot points, identify as many issues as you can. Then if you still have time, start to go into more detail with a couple. That's very general advice. It really depends on the examination, but I think that's probably a general principle that most of us tend to agree.
KW: I agree. And just as with the word limit, we've been generous with the time limit as well, in recognition of all these complications of sitting online exams. And so, as with the word limit, you should have plenty of time to produce, not just a pass answer but even an HD answer.
How can I get into a mindset that is similar to being in an exam room? It’s often very easy to get distracted at home.
GT: I would say treat it as if you're going into an exam room. When you go into the exam room, you take your pens etc. in and you've got everything you need. Make sure you've got everything you want before you sit down to do the exam so that you're not distracted by getting up to get a drink and things like that. It helps to define your workspace. I know not everybody has an ideal workspace at home. Personally I don't either, I'm working at my dining table, and so I've got a load of my textbooks and I've marked out a desk space with those textbooks. They're like a little book barricade. That means that my eye-line is surrounded by work things, even though I'm in my dining room and kitchen. I think in terms of a workspace, doing the best with the space you have is the tip that I would give.
PG: If students are anything like I was before an exam, I didn't really need much to get me into the mindset, as it were. I would think ‘I'm doing a law exam’, and that really puts the pressure on and I think most of you will already be there in terms of your mindset. Just don't be complacent. Because you're at home, it takes away that little bit of anxiety, which I think is always a good thing to spur you on; not so much that it's debilitating, but just that sense of seriousness to help you. Another point that I make to students every year is to be kind to yourself. The first thing that you will notice when you see the factual scenario in front of you, you immediately think ‘I haven't got a clue what this is talking about’ and you start to panic. My advice is to allow yourself to panic for ten, twenty seconds and then say to yourself ‘well that's enough, I've got that out of my system’ and then you'll see, if you've prepared sufficiently, that your own ability, your intelligence, the fact that you've picked things up by osmosis more than you realized, will kick in. Just acknowledge that element of anxiety or panic at the start but allow yourself to experience that and then give yourself a time limit, and then get on with it. A positive mindset is key, which says, ‘I can do this’. It's not a pep talk, it's a statement of truth. The mere fact that you're in law school indicates a very high level of intelligence. Just let that intelligence come to the fore. Don't let panic or anxiety debilitate you in any way.
Do you have any tips on typing exams? I often feel more fluent when writing with pen and paper.
RS: Be really aware about what settings you have in place, in terms of autocorrect. I've been quite horrified lately, to discover the ways in which my autocorrect has actually been set up and has been working and what default words it's using. That's just a very practical example of what to be aware of when you are typing.
GT: I would add that, some advice that we've already given which is that you should be practising with past exam questions where possible. And so when you're practising with those, set yourself the same conditions that you will when you're doing the exam and practice typing them. That's a habit that you start to get into while you're studying, rather than doing it for the first time in the exam. If you're more comfortable with pen and paper, you've got your reading time and you might want to be jotting down a few notes or a structure for your answer, and then you type your answer. If actually sketching something out on paper helps, then perhaps use that during your reading time.
Questions from the floor:
What is the significance of the extra time that has been provided in assessments? Assuming that we don't have any internet issues or uploading and downloading issues, how should we be using this extra time?
RS: The examiner has determined what time should be set for completing the particular paper in a holistic way. The exam duration has factored in the reading time that students would require, as we've been discussing, and has also made account for the fact that this is an online exam, and students may experience some technical difficulties. There's an allowance for the time that it would take to access the paper, the time that it would also take to finalize your written submission, and upload, and there is an allowance for the possibility that something might go wrong in that process as well. It's useful for you in your planning phase, to think about how you're going to allocate your time and ensure that you do allow sufficient time to deal with those technical aspects.
KW: We've given students plenty of time in order to do the uploading. If you only leave five minutes for uploading, you could get unlucky and experience some problem in that last five minutes. If the worst happens - you'll be given these instructions on the cover sheet - there is an email address to which you should send your answer as soon as possible, once you are able to re-establish internet connection. We've thought about the concerns that students will have about sitting exams in this way, and we try our best to put in place processes that would deal with that. That takes me back to a previous question as well about getting into the mindset, not being distracted during the exam. You could be in shared accommodation and there's noise in the place that you live in. You've done your best and yet there are these distractions. In the event that happens, students are able to apply for special consideration. There are a number of issues that might arise through no fault of your own, and the university has tried to anticipate those. If the worst comes to the worst in the exam, there are processes to go through and adjustments and accommodations that can be made.
RS: I totally agree with everything that Kevin has just said, but I would like to emphasize that not allowing yourself enough time to upload your exam of itself isn't a justification, or a basis for special consideration. Be mindful that it is your responsibility to ensure that you allow adequate time to submit your paper online. So don't be tempted to leave it until the very last couple of minutes, that's a free take home message. Factor that into your planning, and allow adequate time, assume that there might be a glitch.
In relation to online exams, what would be the impact of referencing on plagiarism? What style of referencing are examiners expecting?
PG: It depends on each exam and I'm sure you'll get instructions if it were to the contrary. It's just what would happen in a normal examination. I'm not expecting any 'referencing' at all in the examination, unless perhaps there is a direct quote that is particularly important, you may want to put the judge’s name or the case. But certainly very lenient as far as that's concerned.
RS: I would emphasize that it will be very important for students to familiarize themselves with the exam cover sheet for your unit of study. That exam cover sheet, which has very clean and very explicit instructions, will be provided to you well ahead of your scheduled exam. A very simple piece of advice is to read your exam cover sheet very carefully, and be very familiar with what you're being asked to do in that particular unit of study.
Is it recommended to print out the questions?
PG: That depends on individual preference; I certainly would, but really it depends on each person. It might be useful just to have it there on the side, rather than on the screen and you're going from one screen to another.
RS: I would just like to highlight that you have an obligation to ensure that the exam remains confidential. And that you also have an obligation not to share the exam or any questions within the exam, either in hardcopy or electronically.
Would the expected standard of answers for a two-hour exam be different to that of a two day exam?
PG: Yes, because you have the two days. If you're doing an examination in three or four hours, the examiner will of course, take it on board that you have a very limited time and the expectation would be lower. But again it all depends on the examination, I should say. But yes, there would be a slightly different standard if you've got a short release examination, as opposed to a longer one.
GT: Check the instructions for your exam; if it's a longer one, there may be referencing requirements. Also check the instructions because you're going to be told whether you are expected to take those full two days or whether it is a short exam that you are being given more flexibility as to when you complete it.
RS: Just building further on that, with some of the longer release extended take home exams, you may find that the approach toward limits is different. So, once again, do ensure that you read the instructions, very carefully because those instructions will give you information about what is expected of you in relation to that particular paper.
Do you have any tips you would recommend for students to make the best use of past papers when they're unable to obtain feedback for their responses?
KW: One thing you could do is, you can share practice answers with your friends doing the same subject, and give one another feedback. That would be a useful thing to do.
GT: You may want to see whether the generic feedback for those questions has been made available. Not model answers, but generic feedback. If that's the case then, my advice would be to answer one practice question, look at how your answer compares with that feedback, take that feedback on board, and then go and answer another one. I've seen students who will try and write four answers, and only then look at the feedback, and it's not a developmental process.
RS: I think that's great advice. I would, again, use this as an opportunity to caution students on how any model responses, or general answers that have been previously circulated to students, are being used in the context of a take home exam. Students need to be really careful about not lifting sentences or parts out of the model answers or general responses and using them in their response in a take home exam, because that is plagiarism.
PG: I wanted to share two things. The first is from my experience over the years. There are some students that I come across that say they have been relying on notes that have been circulating or model type answers. It seems that they spend a lot of time doing that, to the detriment of their own reading of cases. If your whole preparation is just gleaning answers from circulating notes or other people's responses, you're not reading the cases and letting the principles sink in. And who's to say that what other people wrote are correct? It is often the case that if you're just repeating past errors or repeating past quality. Have confidence in yourself. If I can just make one point, and this is purely personal relating to my view of things, people may disagree - but sometimes students are just so focused on getting the top marks in an examination, that their actual legal education is lost or diminished. You've got to balance that with true learning and getting away from this earlier secondary school type emphasis on maximizing marks. Of course I'm not suggesting that good grades are not important, but not at the expense of deeper learning.
The second thing is, from my experiences being in charge with the integrity unit in the faculty. Look, be very careful with passing around your documents to others. Sometimes it does lead to a form of academic dishonesty. And the person that is giving out their own work, which another person then plagiarizes even or especially after it's been marked from previous years, can find themselves also in a lot of trouble. So please be very conscious of that. No one is stopping you from collaborating before an examination in the sense of discussing points, or perhaps sharing your own responses to questions and that sort of thing, but be very careful, don't cross the line. And I think a warning should be put out there, that a lot of trust is being put in people doing a take home exam. And, you know, we're trusting that people will not use their mobile to phone a friend in order to assist them in answering a question. So, it's a question of personal honor coming to the fore here. One final remark; one of the things I never understood was when students try to cheat. I always thought that an examination is one test to yourself, of how well you do, don't you really want to know that? As opposed to gaming the system to maximize a result, what's the point of that? And I can guarantee you, from my years in practice, a day will come that you will not be able to do that, and the whole facade comes crumbling down. So, I'm not just saying this for the sake of honesty, per se, which it really should be, but also the practical consequences of dishonesty - not just being caught out, but also the effect it has on your actual ability and the way you can perform in the future. I do apologize it's a bit long winded of me, and a bit personal, but I just wanted to make those remarks.
RS: Just to add to Peter's comments, I would really encourage students to reflect on what has been included in the cover sheet by way of the combined statement, and to really reflect on what that statement entails on the part of each and every student in terms of academic integrity. I think this is a wonderful opportunity to think about those types of issues, and to think about what that means in terms of how you conduct yourselves in the context of these online take home examinations.
Thank you to Professor Rita Shackel, Dr Kevin Walton, Professor Peter Gerangelos and Dr Gemma Turton for sharing your experiences with us and taking the time to share your insight.
GT: Good luck with your exams!
Law School Basics Panel: Study Technique
This is a complete transcript of the SULS panel discussion for study technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Dr Natalie Silver (NS), Dr Kym Sheehan (KS) and Charlotte Trent (CT).
This is a complete transcript of the SULS panel discussion for study technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (Vice President (Education) 2020) and consisted of Dr Natalie Silver (NS), Dr Kym Sheehan (KS) and Charlotte Trent (CT).
How should I begin study for a unit?
KS: The first thing you need to do is to have a look at the unit of study outline to understand what the unit is about. The next thing I suggest you do is to look at the week by week schedule of what's going to happen. Finally, I suggest you look at the assessment schedule to get an understanding of the final assessment and what assessments might be on the way.
CT: Everyone muddles their way through the first weeks at least, before you start getting into a habit. You can find out what the unit is about through the unit of study, and through the reading list on eReserve. Try and make sure you’re on top of your notes and your readings, that’s a good way to keep at it.
What is the difference between a casebook and a textbook and is one better?
CT: I, personally, prefer the casebook. The casebook has all the cases in it, whereas the textbook tends to describe a lot more of the theory that might be in place or what is happening between the academics. Personally, I think you should pay a lot more attention to the case book.
KS: You can either buy the case book or just read the cases online. But I think reading the textbook can help a lot of students. Often if you don’t have an idea of what’s happening in this area of law, the textbook can help give students a really good overview. For the tutorials, I would read the cases. But a case book is probably going to be essential if it’s prescribed.
NS: If you read the textbook before the lecture, you’ll already have an idea of what they’re talking about. After the lecture, you can then look more in-depth into the case law.
Should I stick to the Unit of Study Outline or should I read beyond it?
NS: I would say stick to the Unit of Study because it’s very comprehensive. In fact, many students can’t always do the readings in the Unit of Study outline. In the subjects I teach, there is no research assignment so there’s no need to go beyond the Unit of Study.
CT: A few subjects will give you your case list in your exams, so it’s a very good idea to be familiar with them because it’s the bulk of your theory. If you want to do extra readings, out of curiosity, you can do that, but it’s not necessary.
How is preparing for a tutorial different to preparing for a lecture?
KS: I already said before that you should prepare for a lecture by reading the corresponding textbook chapter. However, to prepare for a tutorial, you need to complete the tutorial problems. The important thing is that you give yourself enough time for the problems. When you first do the problems, it’ll take some time because you don’t know where you’re going, but if you do that before you come to the tutorial, then you’ll get more out of it. You don’t want the first time you attempt a problem question to be in the exam.
CT: Doing a tutorial question every week is like practising for an exam. You’re doing, maybe 26 hours, of work that you won’t need to do at the end of the semester.
NS: We want to encourage tutorial participation, which may just be asking questions.
What happens when I miss a tutorial or lecture? Should I try and catch up or should I just focus on the rest of the semester?
CT: Again, that’s really dependent on the subject. For the bulk of subjects, that one week’s worth of content will probably carry over to next week and the weeks after that. It's really important to at least try and catch up whether it’s by talking to your friends about what you've missed out on or talking to a tutor. If it does happen, as long as you catch up, it's okay.
KS: Lectures are typically recorded so if you can't attend a lecture then you listen to the recordings. One bad habit that some students get into is bulking up week by week, thinking “I'll listen to it eventually”. I suggest you try and catch up quickly. If you miss a tutorial, once again, you need to catch up on what you missed out on. But how you do that is a bit more complex because they're not typically recorded. One way is chatting with your friends and then another way is also chatting with your tutor. We always get impressed when people have done a bit of work. If you've missed the tutorial, try the tutorial problems and then ask for help.
NS: For some subjects, you can attend a makeup class.
KS: Certainly. But there’s a courtesy thing that is expected. Make sure to let the tutor of your makeup class know, and to let the tutor for your normal class know.
NS: Another thing about falling behind is that, in compulsory units, you've got compulsory mid-semester exams or assignments that are going to be on those early topics, so you want to keep up with the material.
CT: Another good way to figure out what you have missed are PASS sessions, or Peer Assisted Study Sessions. They’re an hour of peer-directed study sessions. They’re not going to be much help if you didn’t do any of the material, but it might be a good way of figuring out the key ideas of materials and figuring out where to start. They’re not the be-all and end-all, but they’re a very good resource in order to kickstart studying sessions.
What are your favourite study methods or study techniques?
CT: I’m a big proponent for studying pretty much from week two onwards. I've already started making scaffolds and making case notes and, for me, the process of writing out things over and is a really good method. If I’m going into an open book exam with my scaffold, there are one or two dot points along with key case names and so I'm not worried about running out of time and just flicking through my notes. It also means I've entrenched a lot of that knowledge in just my brain through the process of repetition.
KS: When you come with answers to the tutorial question, you should write out a fresh answer to that problem within 24 hours of the tutorial, when the information is still fresh. That way, you have an answer to the questions before you get into the exam period.
Do you have tips and strategies for avoiding procrastination?
CT: I think it’s just sitting down and doing something. There is nothing better than just trying to start. If you’re inundated with readings, you’ll probably push it off. So, it’s important to make it more manageable. And it’s highly dependent on you as a person.
KS: I think it’s really important to use your time well which might mean reading on the bus or train. I strongly recommend getting into exercise or some other good habits. One thing you want to do is to keep healthy and exercise can also help clear your head.
NS: One thing that becomes really important in law are study groups. This might be going over tute questions, building sets of notes and sharing information but they also bring in the social aspect of studying.
CT: Study groups do help because they force you to dedicate time to subjects. I think the biggest thing I struggled in through first year was the inundation of guilt if I wasn't studying or reading. But it’s perfectly fine to go a day without law study.
Check out the 2020 SULS Education Guide here: suls.org.au/publications
Law School Basics Panel: Assignment Technique
A complete transcript of the SULS panel discussion for assignment technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (SULS Vice President (Education) 2020) and consisted of Professor David Kinley (DK), Professor Simon Rice (SR), Mr Tim Pilkington (TP) and Dasha Moskalenko (DM).
A complete transcript of the SULS panel discussion for assignment technique held in Semester 1, 2020. The panel was moderated by Natalie Leung (SULS Vice President (Education) 2020) and consisted of Professor David Kinley (DK), Professor Simon Rice (SR), Mr Tim Pilkington (TP) and Dasha Moskalenko (DM).
Make sure to check out the 2020 Education Guide at suls.org.au/publications
How much time should I leave to start an assignment?
SR: I believe for many students, it's the reverse. How little time can I get away with? We usually give a long lead time for assignments, so sometimes you’ll have more than half a semester to do it. Give yourself as much time as you can. We’re expecting full intellectual rigorous answers and if you can do that on the weekend beforehand, good, but otherwise give yourself time to work through it.
DM: There are some problem questions that you could probably complete in a couple of days if you’ve learnt the content throughout the semester, but that’s usually not the case. You will want to leave a couple of weeks to start, especially if you haven’t closely followed the content in class.
DK: As soon as you get the essay, don’t just ignore it, read it, because even if you’re not intending to do any work on it right away, at least understand what it is saying and you’ll be amazed at how much things start coming in. That is a way to slowly but surely finding a way to start, rather than just the day before you give it in.
TP: Even with problem questions, I found that as a student, it’s really valuable to take a couple of weeks. You might be able to do an initial draft in a couple of days but to really refine it and to think through the problem, I always found it took much longer than that.
Sounds good! What do you think is the difference between a problem question and an essay assignment?
DM: I look at a problem question exactly as that – you’re applying the law that you’ve been taught in class to a series of facts. I see it more as a practical application of something you would do as a solicitor or writing advice to a client. You get a real-life factual assignment and you’re going through, systematically, the law you’ve learnt and ultimately reaching what you’d advise a client. An essay assignment gives you more freedom in the way you approach it. You want to do a wider reading, formulate a unique thesis or argument, devising your own argument and supporting it with whatever readings you’ve done.
SR: Conceptually, I think they’re drastically different.
TP: The first thing that I look for is that a student understands the law well enough such that they can recognise the issues the facts raise. Students are reasonably good at applying the law to the facts when they understand the law, but the problem is they haven’t understood the law and therefore they either misapply it or miss the issues.
SR: Problem questions use IRAC (Issue, Rule, Application, Conclusion) but the worst thing you can do is approach essay questions with an IRAC state of mind. The essay question is not a problem to be solved through an application of the law. You start from a fundamentally different position.
How much reading should I be doing for each (problem-solving assignments and essay assignments)?
TP: People who get HDs on problem questions have generally read over 90% of the cases and the legislation that are prescribed in the course. If you want to do well, you need to engage with the authorities and the legislation. If you haven’t done that, it’s very rare to get an HD.
DM: There are different types of reading. For problem questions, you’d be looking at case law and legislation, and less likely to be delving into journal articles and books. For essays, you want to be doing as much reading as possible and as widely as possible – reading different journal articles, books, online resources, and if it’s relevant, you’ll be going into case law and statute.
SR: For essays, you’re not given prescribed readings – you’re expected to create your own, starting from wondering and asking “what is this about?”. You need to take the lead from the course readings and then you use your research skills to broaden out and read articles in the footnote references of another article or case. There is no ‘should’ in terms of ‘how many references should I include’. Find material that is relevant and helps you develop a thesis.
DK: The creation of a reading list is dependent on how you decide to answer the question. Almost all essays have a number of ways to approach it. Interrogate the question, stick to answering the question but find your own way of answering the question. The more you interpret the question, the more you’ll be guided as to what you read, and, therefore, you may not follow the same path as other people.
SR: A question could simply be “Is constitutional recognition of indigenous people desirable?” There’s no correct answer for that. You’re going to talk to people, listen to the news and ideas will form. And then you’ll end up formulating an answer to a very very open question.
After we finish the reading and get to the writing, how should I structure a problem question versus how should I structure an essay?
TP: With problem questions, the IRAC formula is generally encouraged, but you don’t need to strictly stick to it. It’s important to draw a conclusion – often students don’t give an answer to a problem. You are often told to advise a client, and you need to tell them your opinion. It’s fine to draw a tentative conclusion, but you still need a conclusion
DM: In problem questions, you’re encouraged to use subheadings and identify the issues in very clear terms.
DK: With essays, as you interrogate the questions and find readings that excite you, that’s how you’re going to structure the essay. At the beginning, you need to have an introduction, what are you going to do, what steps are you going to take to get there, what are you going to conclude, and then follow through with that. You have to think of your word count and recognise your parameters, which dictate the structure you use.
SR: You need to keep in mind what you’re doing – you’re writing for a marker to assess. You need to make sure the marker understands what you’re saying and make sure it’s presented in an accessible way. The harder we have to work to read it, the harder it is for you to do well. You’re trying to impress us with sophistication and knowledge rather than comprehensive. Don’t deal with a new issue every paragraph.
I’m really struggling to begin an assignment, do you have any tips on getting the ball rolling?
DM: For an essay, I try to work out a structure based on what I’ve read and then fill in the gaps with research. For a problem question, print out a copy of the problem question, annotate it and try to identify every issue that arises. You might find more issues as you read back on the cases and notes.
DK: I think you should start writing as soon as you can. Even if it’s a little linkage between a few issues, write it down as soon as possible. You’ll see a pattern and start writing a sentence or two, even if it’s in the middle of an essay. Even if the sentence is not perfect, it’s still a sentence. Sometimes, it’s not at all logical.
Do I need to cite everything I write? What if it’s an original thought?
SR: There’s no need to cite a lot. While the bibliography is everything you’ve been to, what you use in the essay is much more conservative. You need to footnote anything that you found in your research. But for your original thoughts, you can’t cite that, so you just state it confidently.
TP: With respect to problem questions, every proposition of law needs to be cited or footnoted. If it’s a well-established proposition of law, it’s enough to cite one case – citing more cases won’t get you more marks.
SR: Rather than just footnoting what other people say, you need to critically analyse. We need to see there has been some critical exercise to convert what has been read into an argument.
DK: It is important that when you make a statement, you have to support your views. That’s where you bring in the citations.
Should I do all my referencing at the end or should I do it as I write?
DM: I tend to shorthand my references as I go and then come back to the end and fill them out. When you’re researching, you should be noting exactly where you got your information from.
TP: Sometimes you’ll write something and want to come back later to check you’ve understood it – by referencing as you go, it makes it easier.
SR: For academics and people writing PhDs, using referencing software like Endnote to keep records can be helpful.
Do you have any general tips on assignments?
DM: Keep it simple – don’t use flowery language, make sure the sentences are short and clear. Generally, you start early so you can revise things like sentence structure, which can affect the marker’s response.
TP: Avoid using long words and Latin.
SR: If you wouldn’t say it, don’t write it. People will use extraordinarily complex sentences, and they just waste the word count.
Studying Online – tips and tricks
As we enter a different phase of our university education amidst rapid changes in our personal, social and academic lives, many of us have been forced to rethink our study routines and how we do uni. With the news and government regulations changing by the hour, it can be an overwhelming experience for many of us. Here are some tips and tricks to make this sudden transition easier for you.
As we enter a different phase of our university education amidst rapid changes in our personal, social and academic lives, many of us have been forced to rethink our study routines and how we do uni. With the news and government regulations changing by the hour, it can be an overwhelming experience for many of us. Here are some tips and tricks to make this sudden transition easier for you.
Social distancing 🡪 spatial distancing
You might not be able to go out much or sit less than 1.5 metres away from each other, but social distancing doesn’t have to be social isolation! Keeping yourself preoccupied is key to avoiding boredom. Make the most of this time to reconnect with family and friends, pursue a new hobby or read a book that’s been on your to-do list for a while. Set up a study group on Zoom (more on that below) to help each other. Try and get some sunlight too if possible, but avoid crowded public spaces and keep public health guidelines in mind.
Zoom zoom zoom– your new best friend
All USyd students have access to a Zoom Business account by signing up with your University email address. Most of you will be using Zoom for lecture and tutorial delivery, however it is also a great way to do groupwork (e.g. assignments, presentations). A Zoom account isn’t necessary to join other Zoom meetings, but you’ll need it if you want to set up your own meetings.
Features:
Screen sharing – great if you want to work through a document/PowerPoint that only one of you has access to or practice a presentation
Whiteboard – accessible via the “Share Screen” menu, allows you to write text and draw
Recording – you can record the Zoom call if you need to refer back to something later
Chat – between individuals or to a group
Breakout rooms – probably something your tutor uses in class
Apps – to jazz up your Zoom, connect external apps from the marketplace
Password and waiting room can be required upon entry.
TIP: For a more immersive experience, change up your background from a plain wall/your bedroom mess to one of SULS’ custom Zoom backgrounds, available here. Instructions on how to install a virtual background can be found here.
If your internet connection at home is unstable, try turning off your camera. Otherwise, you can also call into Zoom meetings with a phone – check the meeting invitation for details. If you don’t have Wi-Fi and only one of your devices needs an internet connection, USB tethering (rather than mobile hotspot) may provide a faster internet connection AND you can charge your phone (very slowly) at the same time.
TIP: As you may be using digital devices even more than you normally would, make sure you take regular breaks from your screen, rest your eyes, eat a snack and do some exercise.
Maintain a routine
Without the commute to uni, we can get more sleep (yay for our health!), but it’s also easy to sleep in without the structure of campus life. Schedule in your classes, study time, work, exercise and social time, either as a timetable or on a digital calendar/diary, and stick to it. Don’t get into the habit of missing lectures or tutorials if possible as you’ll regret it in week 13/STUVAC/exams. If you absolutely cannot make one of your classes, schedule time that afternoon/evening or the next day to watch the recording – do not let yourself fall behind.
TIP: import your Canvas calendar into your own calendar to see upcoming assignments and classes (including Zoom class links) – however this may cause all of the Zoom classes for your subjects to show up on your calendar, which can be irritating. An alternative is to set up recurring events for your timetabled classes on your calendar and copy and paste the Zoom invitation in the description, so you have easy access to your classes!
Have your own space
If possible, try and set aside a space (away from your bed!) that is dedicated to uni and study (and work if you’re working from home). This way, it’s easier to get into the mindset for uni/work as you’ve established your boundaries. This is the place for serious work - binge on Netflix and chat with friends on your bed or on a comfy sofa somewhere else! If there is only one place where you can study, change up the table settings to create this differential. For example, laying out notebooks and pens when studying, and taking the time to pack up your study setting and put things that help you relax such as a lamp, speakers and a candle can put you in the right mindset.
For some people, a good pair of headphones and a white noise playlist can help you get into the mood. If possible, elevate your laptop on top of a shoebox/old law textbook so the screen is eye level and use a separate mouse and keyboard to reduce neck strain and awkward double chins in Zoom classes. More tips on healthy computer ergonomics can be found here.
Participate in online society events
If you’re looking for something to do, SULS will be migrating many of its talks, wellbeing events and some campus/social events online. This includes our popular Law School Basics series, some of our workshops and talks from esteemed guests. Find out more here.
SULS also has a podcast, Footnotes, available wherever you get your podcasts, and we will be doing monthly releases from March.
Be sure to check back for our next instalment of online studying tips, where we explore how we can keep our mental health in check whilst in social (spatial) isolation. In the meantime, if you’re looking for some wellbeing tips, join the SULS Wellbeing Facebook Group.
Alison Chen is the SULS Publications Director and a BA/LLB III student. When she’s not studying or working, you can find her playing classical piano, bingeing on American late-night shows or doing Hapkido (a Korean martial art) in the dojang.
If you are interested in contributing to Citations or other SULS Publications, you can contact Alison at publications@suls.org.au.
If you need someone to talk to, feel free to contact Oscar Alcock (SULS Sports Director) at sport@suls.org.au or Dani Stephenson (SULS Campus Director) at campus@suls.org.au.
For further information about student support services and how SULS can help you, consult our 2020 Student Support Services Handbook or email Max Vishney (SULS Equity Officer) at equity@suls.org.au.
How to thrive at Law School? Why balance is so critical
It is normal to feel like we are all constantly in motion, struggling to stay afloat. The analogy often thrown around is that law school can be like a duck floating on top of the water. People give the impression that everything is under control, but underneath the surface they are scrambling. There is no doubt that ambition and drive is essential to get ahead in this world.
By Oscar Alcock (JD III)
Law school can be a stressful time in people’s lives. The pressures of achieving excellent grades, working, getting involved at university outside of one’s classes and extracurricular activities away from campus can be a heavy load to bear.
It is normal to feel like we are all constantly in motion, struggling to stay afloat. The analogy often thrown around is that law school can be like a duck floating on top of the water. People give the impression that everything is under control, but underneath the surface they are scrambling.
There is no doubt that ambition and drive is essential to get ahead in this world.
However, technology detoxes and mindfulness retreats, among other escapes designed to help us reach a “zen” like state don’t help us manage our busy schedules on a day-to-day basis. They can be enriching experiences but fall into the narrative that we need an escape from inevitable burnout.
Why can’t we just avoid burnout entirely? How can we achieve that?
The short answer is that we need a lifestyle change, not a detox.
Everyone needs down time and should actively schedule time for self-reflection.
Most millennials and certainly Gen Z are addicted to social media and technology and this has widely been shown to contribute to stress and anxiety for students. Social media and devices have become almost inseparable parts of everyday life for most people. But how do we better moderate our use of this technology so we can thrive at law school?
Social media has transformed social interactions. People are now intimately connected in a way which was almost unimaginable only a few short decades ago.
Young people today have grown up in a world of filters, influencers and a comparison culture cultivated by Facebook and Instagram which has contributed to increasing levels of anxiety, depression and eating disorders.
This is not to demonise social media or technology. Social media allows people from far flung regions of the globe to stay connected in a way which has been unthinkable for most of human history. However, social media is chronically overused, and many young people have developed dependency on the dopamine highs which use of the technology brings.
https://www.pickpik.com/balance-stones-sea-beach-pebble-stability-95635
This feedback loop has similar effects to drug, alcohol and gambling addictions. These things aren’t necessarily a problem in and of themselves. Responsible consumption of alcohol and gambling within ones means is not a problem. Likewise, it is the compulsive use of social media and technology which needs to be guarded against.
Devices and social media take away from genuine human interactions. With people’s attention spans becoming shorter and shorter, we have lost the ability to properly have downtime or enjoy an experience for its own intrinsic value, separated from the documentation of that experience and circulating it to the wider world.
It is almost as though people have become afraid of their own thoughts. People need distractions. But genuine reflection shouldn’t be shied away from, it should be encouraged. The liberating effects of meditation, yoga and gratitude journals are testament to this.
Social media and technology are incredible human assets which should be cultivated but we all need to ask ourselves whether we are the masters of the technology or wherever the technology is mastering us?
Ultimately, my formula for thriving at university is simple: work hard and schedule your time, prioritise sleep, limit social media and technology usage to when you are in a positive headspace, find time for genuine human interactions, keep a gratitude journal and practice mindfulness, exercise regularly and find time to meditate.
Nothing here is particularly ground-breaking but sometimes we all need to remind ourselves of the importance of BALANCE.