HOW TO ATTEMPT PROBLEM TYPE QUESTIONS
Problem questions can help you to develop valuable skills around,
identifying relevant information, applying legal principles to specific
scenarios and writing advice in a clear and logical manner. Here are
some top tips on how to approach this type of questions;-
Read the question carefully
OKAY, so this really applies to all types of assignments, but with
problem questions there can be a pretty lengthy scenario for you to
get to grips with. It can help to highlight or underline, but even better
try making a flow chart or chronology of events, or a spider diagram
detailing the involvement of each party.
Find a way to break down the question.
One common way to approach analysing problem questions is the
IRAC method-identify the Issue, explain the Legal Rule, set out its
Application and reach a Conclusion based on this. Depending on the
scenario you're given, you might need to work through this process
several times, for example, once for each party involved or each
potential cause of action.
Show what you know
When it comes to explaining the legal rules that apply to a scenario, it
can be tempting to quote sections of statute or parts of judgments.
Although it's great to reference legislation and cases, setting out their
meaning in your own words really demonstrates your understanding. It
can be tricky to get the balance between keeping the original meaning
and putting it in your own way, but it does get easier with practice.
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Reason, reason, reason!
The Application part of a problem question is key. It can be very tempting
to jump from the legal rule to a conclusion, but you need to take your
reader through your thought-process step-by-step. Often, there is no one
“right” answer to a scenario, the key is to construct a clear and sound
argument using legal authorities and explaining how they apply to the
facts.
Get the structure and presentation right
This leads neatly onto the next point-structuring your work carefully. Your
Law School may have its own rules on this, for example, whether or not to
include a brief introduction and when to use headings. It is important
to follow these. The general rule is to try and make your structure and
writing as easy to follow as possible. Imagine you are writing for an
intelligent lay person with no previous knowledge of law. In fact, you
can always ask a friend or family member to take a look to see if they
can follow what you're saying.
Reaching a conclusion
When you are trying to write a conclusion,you may find that there are
parts of the scenario that are a little ambiguous or where there is
potential for different outcomes. If that is the case, it is fine to indicate
that you can't reach a final conclusion, but it is important to explain
why not. On the other hand, if you can give a conclusion, you should try
and do so. It's usually fairly clear when someone has lacked the
confidence to make a decision.
Problem questions can be challenging, but they are a great way of
developing key skills which are needed in plenty of careers, not least
for working on the legal profession. Just remember, one day you may
have a real client in front of you, and be very glad you had the chance to
practice first!!
