Malawi Law Examination common mistakes

Before the exam, build a personal one-page index of the sections you plan to cite, checking each against the current consolidated Constitution. In the exam, if you are not certain of a number, cite the provision descriptively (for example 'the section of the Constitution guaranteeing freedom of expression') and state the principle accurately rather than inventing a number.

Practise a fixed three-step ranking drill on every problem: Constitution first, then statute and subsidiary legislation (checking vires), then common law and customary law subject to any statutory ouster. Write the ranking explicitly in your answer before applying the rule, so the marker can see you tested it.

For every criminal problem, write the statutory definition out first, then list each element as a separate labelled line (act, property, taking, intent permanently to deprive, aggravating circumstances), and tick or cross each against the facts before concluding which offence is made out.

Draw a one-page timeline of the criminal process from arrest to appeal, and against each stage write the governing right and the remedy for breach. Rehearse it until you can reproduce it from memory, then use it to locate every procedural question before answering.

Apply a fixed formation checklist in every contract answer: offer, acceptance (including communication of acceptance), consideration, intention, capacity, certainty, and any formality required by statute. State the conclusion only after each element is addressed, and flag any element that is arguable.

For each tort problem, write the elements of the tort you propose to use as headings, address each in order, then expressly run the defences (contributory negligence, volenti, statutory authority, limitation). If a second tort is arguable, say briefly why it is not preferred.

Begin every land question by classifying the land and naming the governing statute, then state the requirements for the transaction within that category (consent, registration, form). Only then apply the facts.

Use a conveyancing checklist for every property transaction: agreement in writing, requisite form and signatures, any required consent, execution, stamping, and registration. State at which step the interest passes and what remains to be done.

For civil problems, answer in procedural order: jurisdiction, parties, cause of action and pleadings, service, any interlocutory step, then evidence (burden, standard, admissibility), then relief. For evidence questions, separate the admissibility ruling from the weight and burden analysis and label them.

For every company problem, state the separate personality principle and any exception (fraud, agency, statutory lifting) first, then map the facts onto the available insolvency routes (winding-up, administration-type rescue, receivership, arrangement) and say which fits and why.

Open every family or succession question by identifying the type of marriage or the basis of succession, name the governing law, then set out the consequences (property rights, maintenance, distribution shares). Compare regimes where the facts are ambiguous.

Structure every judicial review answer under the recognised grounds, apply each to the facts, and then address procedure: standing, time limits, alternative remedies, and any ouster or privative clause. State expressly that the court does not substitute its view on the merits.

In every ethics or professional responsibility question, identify the duty engaged (to the court, to the client, confidentiality, conflict, competence, fees), state the rule, apply it, and give the course of action the practitioner must take, including withdrawal or disclosure where required.

Before writing, spend two minutes listing the issues as headings. Answer under those headings in short paragraphs, using the facts only to apply the law, and skip restating the question. Practise full papers under timed conditions so the pacing becomes automatic.