HOW TO ANSWER QUESTIONS
USING THE 4 STEP PROCESS
Company Law for Business 266
Assessment Criteria
Students will be assessed on the following components:
Demonstrate an understanding of the relevant law.
Apply relevant law to the facts of the problem question.
1.
2.
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
The 4-steps process
1.
2.
3.
Identify the area of law;
Discuss the relevant legal principles;
Apply the relevant law to the given facts; 4.
Conclude.
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Step 1: Identify the area of law
As you are reading the question, examine what law or legal principles will assist you in resolving the problem/s in the question.
•
This helps you to determine the relevant legal principles you will be required to discuss in step
2.
•
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Step 2: Discuss law principles
The legal principles you identified in step 1 may require:
Definition of terms;
General rules and exceptions and defences;
Case authority brief facts if relevant to the question, court decision.
Proper spelling of case name;
Case year is not necessary.
Section/s of an Act of Parliament e.g. Corporations Act
2001 (Cth).
–
–
–
•
•
•
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Step 3: Application
•
•
•
State how the law is likely to apply to the facts in the question.
State the likely outcomes. There could be more than one possible outcome. Under Application, you are trying to resolve the problem.
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Step 4: Conclusion
•
•
State the likely and logical conclusion. Re-check: what the question is asking you to do and ensure that you have answered the question.
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Format
Block Model
Chain Model
Law principle 1 ………………………………
……………………………………………………….
Law principle 2 ……………………………..
……………………………………………………..
Law principle 1 ………………………………
………………………………………………………..
Application 1 …………………………………..
………………………………………………………..
Application 1 …………………………………
………………………………………………………
Application 2 ………………………………..
…………………………………………………........
Law principle 2 ……………………………….
……………………………………………………….
Application 2 …………………………………
…………………………………........................
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
TIPS
Start with the materials you learn from:
Textbook
Lecture notes
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Provider Code
Code 00301J
00301J
Summarise /
Understand by writing study notes in your own words
Further summarise & reduce to be concise yet comprehensive in writing exam notes
Company Law for Business 266
TIPS
Read the question carefully and grasp the story line.
Draw mind map/diagram if it helps.
Focus on what is required to answer the question.
Plan your answer.
Do not write in bullet points.
Explain the legal principle in your own words.
Highlight the important points of your answer.
Quote cases and sections to illustrate the legal principles. Do not memorise and write word by word from your text book.
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
Check List
Have you discussed relevant law principles?
Have you properly discussed and substantiated the law with cases and /or section of Act?
Have you properly linked the facts and the principles? Have you concluded your answer?
Have you proof read your answer?
CRICOS Provider
Provider Code
Code 00301J
00301J
Company Law for Business 266
QUESTION ON CORPORATIONS LAW
Property Pty Ltd is a company that develops shopping centres. The company does not have a constitution. A member, Bill, owns 20,000 of the 100,000 shares on issue with the remaining 80,000 shares held by the company’s three directors. Bill is convinced that the company should be focussing on