Approaching Law Problem Questions
Hi!
Well ok see I am a law student and well my university hasn't actually indicated to us how to answer a law problem question either in an assignment, or an exam! It would be really great if someone could give me a basic structure, or pointers as to what I need to include etc.. or what would be even better is how I can answer a problem question that will help me achieve a First.
Thanks for your help!
Well ok see I am a law student and well my university hasn't actually indicated to us how to answer a law problem question either in an assignment, or an exam! It would be really great if someone could give me a basic structure, or pointers as to what I need to include etc.. or what would be even better is how I can answer a problem question that will help me achieve a First.
Thanks for your help!
Reply 1
Well without an example question that's quite a difficult task but let me at least attempt to give you 2 pointers. I'm sure other people will give you more, but this is probably a good starting point.
1) Start at the beginning and work on from there: your first question should be what the first point is at which the person you are advising could have made themselves liable (either in terms of private law or criminal law, o very occasionally public law, depending on what area of law the question focuses on).
2) Make sure you've done lots of research and know what the areas for debate within the question are. Try and work these in wherever possible and present a balanced summary of the views before opting for one side of the argument and giving sensible reasons for your decision.
1) Start at the beginning and work on from there: your first question should be what the first point is at which the person you are advising could have made themselves liable (either in terms of private law or criminal law, o very occasionally public law, depending on what area of law the question focuses on).
2) Make sure you've done lots of research and know what the areas for debate within the question are. Try and work these in wherever possible and present a balanced summary of the views before opting for one side of the argument and giving sensible reasons for your decision.
Reply 2
(1) Who are you advising?
(2) What do they want (to know)? (This may be whether they are entitled to something from someone else - e.g., to have faulty goods repaired -, or whether they owe something to someone - e.g., payment for services provided).
(3) Identify what the corresponding legal issues are - i.e., what sort of legal argument needs to be advanced in order for your client to get what they want; or what sort of claim they might be facing if someone else wants something from them.
(4) Work your way through the various components of these legal issues, interchaging stating what a given rule of law is (if there is one), and how this might apply to the facts. You will almost invariably come across a gap in the law, or an ambiguity in the facts. It is important that you identify these and explain how this might affect the subsequent reasoning.
(5) Once you done all that, you should end up with several possible outcomes, depending on how vague the facts are and how settled the law is. It may be that one outcome is significantly more likely than another, so it's perfectly fine to say so, although unless the law and facts are absolutely clear, you won't be able to say so with certainty.
With a problem question, examiners are generally testing a number of things:
(a) your ability to read facts and separate narrative from real issues
(b) your ability to identify relevant law, rather than writing everything you know about the whole subject
(c) your ability to apply law to facts and to indentify those grey areas where facts and/or law are uncertain.
Don't think that there will be just one right answer - there usually won't be. If you plough through a question and spot no ambiguities at all, then chances are you've missed something important (don't forget to check key cases!), or the question is an early Christmas gift. I think the latter is unlikely.
(2) What do they want (to know)? (This may be whether they are entitled to something from someone else - e.g., to have faulty goods repaired -, or whether they owe something to someone - e.g., payment for services provided).
(3) Identify what the corresponding legal issues are - i.e., what sort of legal argument needs to be advanced in order for your client to get what they want; or what sort of claim they might be facing if someone else wants something from them.
(4) Work your way through the various components of these legal issues, interchaging stating what a given rule of law is (if there is one), and how this might apply to the facts. You will almost invariably come across a gap in the law, or an ambiguity in the facts. It is important that you identify these and explain how this might affect the subsequent reasoning.
(5) Once you done all that, you should end up with several possible outcomes, depending on how vague the facts are and how settled the law is. It may be that one outcome is significantly more likely than another, so it's perfectly fine to say so, although unless the law and facts are absolutely clear, you won't be able to say so with certainty.
With a problem question, examiners are generally testing a number of things:
(a) your ability to read facts and separate narrative from real issues
(b) your ability to identify relevant law, rather than writing everything you know about the whole subject
(c) your ability to apply law to facts and to indentify those grey areas where facts and/or law are uncertain.
Don't think that there will be just one right answer - there usually won't be. If you plough through a question and spot no ambiguities at all, then chances are you've missed something important (don't forget to check key cases!), or the question is an early Christmas gift. I think the latter is unlikely.
Reply 3
Very good stuff chalks! The discussion of the remedy which the client often wants to "know if he/she can enforce the contract", for example, is key - answer the question. Of course, discussing all the individual aspects of the case is equally important - identify the variety of claims.
Some problems say "Discuss" rather than advise, but the answer is, in essence the same except instead of saying "I would advise Alan that specific performance is unavailable" you would say "I believe that SP would be unavailable"... my uni never gave us any guidance either, it's pretty much common sense!
Some problems say "Discuss" rather than advise, but the answer is, in essence the same except instead of saying "I would advise Alan that specific performance is unavailable" you would say "I believe that SP would be unavailable"... my uni never gave us any guidance either, it's pretty much common sense!
Reply 4
I hate my theft problem question at the minute but I'm too stubborn to opt for one of the other essays available, just gonna have to grit my teeth and bear it
Reply 5
Back when I was doing A Level Law our lecturer told us that for problem questions you have to state, explain and apply. State what the relevant law is, explain how it works and then apply it to the given facts. It's an easy set of three words to remember and always a good basis to start from!
Reply 6
That formula has also been used at uni!
Reply 7
KazzehK
OP
thank soooooo much, yeah sorry didnt provide a problem question...!! lol i really just needed a structure and you have all been sooo helpful! so thank you 
Reply 8
don't forget an introduction and conclusion although I guess thats pretty obvious
Reply 9
britishseapower
don't forget an introduction and conclusion although I guess thats pretty obvious
But not in the same style as an essay - i.e., avoid things like "This question is about offer and acceptance. ..." and "In this answer, I started by talking about offer and acceptance...". Your introduction should identify the issues that directly affect your client; your conclusion should draw out the possible outcomes, based on your analysis of the law and application to the facts.
Reply 10
LauraWalker
If your totally baffled, I am quite a fan of a really simple book by a man named Peter Crumper (or something like that). He used to work at Trent. It is simple and I don't want to start off wars here but I did help me a little. Little being the operative word but, as some of you know, I am a fan of Tesco and 'every little helps'
I read that book albeit the old edition upon your recommendation and it's worth a read
Reply 11
Original post
by Lady NarcissusThanks! 
Well I am not saying it will produce fantastic results on its own or is the answer to everything but if you don't have a clue what your doing it really does not harm you. At my uni we had this creepy guy who spent all his time with the lecturers asking them about approach, I'd sooner read that book than going to their office hours 
To be honest, though, don't be afraid to talk the lecturers if that is the culture at your institution.
Well I am not saying it will produce fantastic results on its own or is the answer to everything but if you don't have a clue what your doing it really does not harm you. At my uni we had this creepy guy who spent all his time with the lecturers asking them about approach, I'd sooner read that book than going to their office hours To be honest, though, don't be afraid to talk the lecturers if that is the culture at your institution.
Whats the book called? im in the totally baffled stage at the moment so anything would help
Reply 12
Original post
by pRiiYa..xWhats the book called? im in the totally baffled stage at the moment so anything would help
I think it is probably "Exam Skills for Law Students" by Peter Cumper and Harry McVea, Amazon link here.
Reply 13
http://www.oup.com/uk/orc/bin/poole/books/001common/guidance/
here something helpful.
here something helpful.
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