How to Write Answers in LL.B. Exams?

 

         Writing answers in LL.B. examination law papers is quite different from other traditional subjects. Although, students who have belonged to Humanities background feel little discomfort in writing a law paper, but the situation has been extremely tricky for students who have belonged to science and commerce backgrounds and are now studying law. To attempt an answer of a legal problem or an IPC provision related question, it requires a mature, analytical approach and a balanced attitude. The content of the answer must reflect fair expression of the students and the examiner expects a reasonable thinking from the examinees. The most costly mistake an examinee can make is—failure to understand the question and his inability to organise the answer well. Hence, first of all, read the question paper carefully, at least 2-3 times. It is true that there is no universal scheme of writing a legal answer as each and every law paper requires a different approach, but the examinee can score good marks if he follows the right method while attempting a law paper.

The method is simple, as the student needs to do justice with the exam, for eg. in Jurisprudence paper, the examinee must give detailed historical background and his analysis should be based on some recognised legal theories, work of jurists and international covenants, etc. He should avoid submitting unfounded and baseless analysis while submitting arguments in Jurisprudence paper, because the examiner can easily sense that the examinee is trying to dodge the examiner and has not studied judiciously. Further, the approach of the Jurisprudence paper can’t be implemented in Constitutional Law paper; since, in Constitutional Law, the examinee must have sound knowledge of the History of the Indian Constitution and earlier developments before the promulgation of the Constitution of India in 1950. Similarly, the Law of Crimes (Indian Penal Code) and IPR, Taxation Law or International Law papers require altogether a different writing approach. In LL.B. course, each and every lecture of the professor is important, missing out any lecture means a serious loss of vastly useful information, which can be valued greatly during the examination. The professor/examiner expects that the students would write the answer as per the lecture delivered in the class, there are many references of cases,

Most important points, that need to be kept in mind before the examination.

1. First of all read, all the instructions, direction and malpractices rules of the examination carefully. The examinee must ensure full adherence of the said instructions.

2. Students must fill all information in the main answer sheet and also fill all information in supplementary sheet (loose sheets) too.

3. In DU Law examination, most of the questions are problem-based questions, hence, it is expected that the student would attempt the answer—giving solution to the problem with appropriate application of legal provision(s). Hence, the student must be 100% sure before saying Yes or No, at the beginning of writing the answer.

4. The content of the answer is very important. So, while attempting a question, the candidate must write the answer in at least in 10 pages (detailed answer) of 20 marks question. In 10 marks question, ideally the examiner expect 4-5 pages of answer with relevant content.

5. The detailed answer of 20 marks question must have standard methods and content of the answer, comprised of: (a) Introduction (b) Definitional aspects (c) Legal Provision (d) Reference of Cases and their analysis (e) Comparison (if asked) (f) Conclusion or Opinion. How to follow this method, the detailed information appended herein.

6. Student must refrain from writing answer with giving extra gaps in the answer sheet, leaving blank pages, leaving extra space from the top and bottom of the answer sheet to show maximum written pages. The examiner is not impressed by these kinds of dirty tactics to impress or by showing the bogus claim that the examinee has filled maximum sheets, because, at the end of the day, your content matters, not how much you write but what you have wrote. In simple language-quality does matter, not quantity.

7. Write question number carefully i.e. “Answer of Q. No. 6”—in Bold and Readable manner before starting your answer.

8. Do not make any mistake of repeating your answer with another answer, it has been observed that many students again submit the content of previous answer in the another answer, it would cost you badly in the evaluation.

9. Avoid marks begging- it would cost you in the evaluation, it has been observed that students beg marks and submit their prayer to the examiner seeking at least passing marks.

10. Try to give your answer systematically and in well organised manner- Every answer must begin with a new page. For eg., If an answer is finished at middle of the page, don’t start your answer immediately from next few lines but leave that lower portion blank and start your answer from the next page.

11. Some bright and attentive students attempt answers systematically that too following the serial number of questions i.e. They start attempting question paper in this way- Answer of Q. No. 1, Answer of Q. No. 2, Answer of Q. No. 3, Answer of Q. No. 4, Answer of Q. No. 5. These students generally score high marks. We encourage students to follow this method.

12. Organise your time while writing the answer in such a way that you must have time at least 15-20 minutes for re-looking the answers at the end. This is very important.

13. Writing answer with good analytical skills mostly refers to having a good command over English, hence, your answer must be free from all grammatical errors and bad sentence structures. Please try to write simple sentences and give answer at least in good and readable writing. No doubt that students get extra credit for neat and clean hand writing.

14. Check your seat before taking over it, and ensure no objectionable material is found in your possession or on your seat.

15.Never argue with the Invigilator Staff/Teaching Staff on examination duty and always behave politely, if any heated argument ensues during the examination, it would cost you dearly and/or may debar you from the examination.

16. Examinee must avoid highlighting the answer with different colour highlighters, the heading and main points can be underlined with your writing pen i.e. Blue Ball Pen/Blue Gel Pen. The massive use of highlighter just makes your answer sheet more colourful and flashy that might lead to reduced weightage from the eyes of the examiner.

17. It has also been observed that sometimes an examinee writes only Part A of the Question 1 and Part B at the end of the answer sheet or with another question. This causes unnecessary confusion to the examiner while evaluation of the answer sheet, therefore, such kind of mindlessness must be refrained from by the students. Please ensure that you attempt both Part A and B at the same place and with continuity.
The Strategy of Writing an Answer

A. Introduction- Start your answer writing with the introduction. In this introduction, the student should mention the brief overview or significance of the provision, etc. The students can even start their answer by stating about the core issue of the problem. The student can also mention quotes of leading legal/history/economist scholars i.e. Bentham, Austin, John Lock, Amartya Sen, Prabhat Patnaik or Roscoe Pound etc., in order to justify his/her answer.

B. Definitional aspects- In this part, after your introduction, the examinee must give definitions of the important words, provision(s), and historical references of some legal subjects. For eg. How to define-Human Rights, hence, first of all, examinee should give the definition of “Rights”, then trace the historical background of the concept of Human Rights. The examinee can quote some references of leading Books, Legal Authors, Thinkers, Jurists in this part of their answer.

C. Legal Provision(s)- Try and always mention the relevant section(s), article(s) and clause(s) in your answer and make this a habit. The student must explain the provision(s) in length; please remember that the examiner is not expecting the ditto definition of the legal provision, but the student must explain the provision(s) in his/her own language. Please ensure that explanation and definition must be correct and legally sound. Do not ask anybody regarding the importance of remembering a section. If you make it a habit now, it will cost you at the end of examination and you won’t finish your paper well in time.

D. Reference of Cases- Substantiate your answer with relevant case law decided by the Supreme Court or the High Court. While submitting the case law, your factual analysis is very important and and which is also the key to successful lawyering, hence your answer must reflect what has been asked in the question or what is the core issue of the problem. For eg. If you are attempting Section 125 of the Cr.P.C—Maintenance law for wife and dependents, you must give examples of leading cases in your answer and justify your answer with your sociological understanding as to why the maintenance of wife, children and age old dependent parents is important. Remember, in 20 marks question, the examiner expects at least 4-5 case analysis in the answer, so case study and analysis are very important.

E. How to Analyse the Cases- Examiner never asks for the whole story of a case, but relevant facts of the case should be added in the answer. Whenever you wish to discuss any case law in the answer, please follow this method:

1. Case title must be accurate, mentioning the citation(s) would be good but is not mandatory.

2. Fact of the case in a nutshell.

3. Core issue of the case-brief analysis.

4. What the court held-detailed analysis.

5. Analysis of the judgment(s)—on what grounds the court held—section(s), provision(s) and what were the main issue(s) of the debate/arguments.

6. Bright and attentive students sometimes mention the name of the Judge who held this case and also submit the pro and counter arguments of both the lawyers, the examiner gives extra credits for such nicely crafted answers.

7. Again, never forget your question, what has been asked, so always link your case analysis with the core issue of the question.

F. Conclusion or Opinion or Concluding Remarks- Your answer must end with your conclusion or your own opinion. Please remember that your opinion or conclusion must be based on sound legal principles. There is no room for biased and prejudiced opinion or thoughts. The final conclusion must be accurate, fair and reasonable and it should not exhibit lack of basic understanding of the examinee.

G. In problem based questions- In some problem based question the answer must not be in ‘Yes or No’, unless you are 100% sure about the problem. Always try to submit your opinion giving justification/ decision of some case laws. First mention the relevant provision and show in your answer how you reached the conclusion. For eg. at the end, conclude your answer in the following manner: “On the basis of above discussion we can conclude that as per the Section-125 of Cr.P.C, the true object of the provision is to ensure caring of the vulnerable and the helpless.”

H. Comparative Analysis Answer- In all comparative analysis answers, draft your answer with two sections or parts i.e. Part A and Part B and understand the comparison of the issues, segregate the similarities and dissimilarities, arrange your arguments to substantiate your answer and submit your answer while mentioning the Constitutional provision(s) and Jurisprudence references. Finally, establish your basis of comparison and submit the arguments as to why your answer is justified.

              If students really want to excel in the law examination, they must understand that law is a dynamic subject and it changes according to the changes in our society, hence, the students of law must be conscious about day to day happenings in our society as well as the judicial arena. Law students must also have good knowledge and deep understanding of the very ethos of India, i.e. Indian Federalism, Centre-State Relations, Development of Human Rights in India, Multi-culturalism, National Integration, Secularism, History of Indian Constitution and Constitution Making Process, Fundamental Rights and Fundamental Duties, India’s Foreign Policy, India’s Relation with SAARC Nations, etc.
            Being an academician of this reputed institution, i.e. Campus Law Centre, Faculty of Law, University of Delhi, it is my utmost priority that this institution will be a great centre of legal education in India, which will be admired for its academic excellence, innovative research in the legal sphere and co-curricular pursuits that will be a model for many other institutions of this kind.
Good luck to all.

Dr Narender Nagarwal
Assistant Professor
 Campus Law Centre
 Faculty of Law, University of Delhi