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1. AIM OF THIS MANUAL This manual contains the law faculty’s official policy regarding the answering of problem-type questions and sets out clear guidelines that students must follow when answering a problem-type question. Lecturers may require students to draft particular documents from time to time. Students must follow the form and format set out in this manual when drafting these documents. Students are also referred to Kok, Nienaber and Viljoen Skills Workbook for Law Students (2001). 2. PROBLEM SOLVING: GENERAL GUIDELINES The following general structure must be followed when answering a problem-type question: Step Weight 1. Identify the problem. 10 2. State the relevant legal principles. 15 3. List authority for the stated principles. 15 4. Apply the principles to the facts. 50 (at least) 5. Reach a clear conclusion. 10 --- 100 If an open book approach is followed, less weight may be attached to the legal principles and authority for the principles, and more weight may be attached to the application of the principles to the specific facts. Example: Problem-type question Find and read The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and answer the following question. During the perusal time slot for the supplementary exams a female student asks her male lecturer why she did not receive marks for a correct answer. The lecturer examines her answer and compares it with the memorandum. He gets up and locks his office door. He then tells her: “I cannot award the marks to you. But if you come home with me and bring me breakfast in my bed tomorrow morning, I’ll make a plan. You help me and I help you. No one knows and no one ever finds out about it because you tell no one and I tell no one.” She is very upset and demands that he unlocks the door and let her go. He unlocks the door and smiles at her. His parting words to her are “So I’ll see you in my class next year”. She consults you. Does she a have a claim in terms of the Act? What relief will be appropriate? Substantiate your answer comprehensively . Example: Model answer 1. Identify the problem. The relevant Act must be analysed to ascertain whether the Act identifies a possible cause(s) of action, and whether an appropriate remedy exists. 2. State the relevant legal principles. UP Faculty of Law - 2005
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