The Rule Stated, Never Applied
Two paragraphs explaining the test, then a conclusion. The application step — this fact meets this element, this one does not — is the criterion carrying the marks.
THE REAL PROBLEM
Why Do Law Students Lose Marks After Spotting the Right Issue?
Issue spotting is the part students practise most and the part worth least. You can identify every issue in a problem question, set them out under tidy headings, and still land in the middle of the class.
The marks live one step later. Which authority governs this issue, is it binding here, and what happens when you run it against these particular facts. Most drafts state the rule accurately and then stop just before the sentence that would have earned the grade.
Explaining what the law says is a summary. Saying what it does to your client, on these facts, is the answer.
Send My Problem Question
Overseas Authority in a NZ Answer
English and Australian cases are persuasive at best and often irrelevant. Citing them where domestic authority exists tells a marker where you were reading.
Statute Paraphrased Instead of Quoted
The section says what it says. Summarising it from memory loses both accuracy and the citation mark, and it is a two-minute fix.
Every Issue Given Equal Weight
A minor issue and the one the question was built around get the same 300 words. Weighting is a skill markers score, whether or not the rubric names it.
Citation Format Treated as Optional
Footnotes, pinpoints and case names have a house style at your faculty. It is the easiest criterion to secure and the most commonly ignored.
No Counter-Argument Anywhere
A one-sided answer is an unfinished answer. The other side's best point, addressed and answered, is what separates a B from an A.