How to Answer a Problem Law Question: A Guide Part 1
Part one of a Guide to tackling problem Law questions which are among the most difficult to answer.
The Guide will give you a basic approach to answering the question so that you become competent in presenting an answer in a certain format, thus increasing your chances of obtaining a good grade.
Part 1
Problem law questions can be daunting and require a great deal of planning before attempting to answer them.
A few simple rules will assist you in achieving a good grade when tackling problem questions.
If the question is involved and long, it is vital that you separate the various issues and scenarios, so read the question again and again until you have absorbed the facts. Failure to do this will result in an answer which is rambling and sporadic. The examiner wants a logical, flowing piece of writing without interruptions or where he/she has to recap frequently in order to pick up the thread of the argument.
Once you have identified the main area of law under consideration, you need to have an introduction. Far too many students make the mistake of launching straight into the answer without stating the obvious. If the question concerns murder/homicide, assault and battery, you should mention this in your opening paragraph. An initial sentence of “This question concerns a detailed evaluation of the law of offences against the person with an emphasis on the law relating to attempted offences” sets the scene and presents the examiner with a statement of what will be discussed in your essay.
If there are three or four characters, each with a similar relevance in the problem, then deal with them in the order in which they appear. In this scenario, the characters will often perform a role in a play which will naturally develop and the legal issues will follow the players throughout their cameo roles.
Sometimes you will be presented with a major character and several subsidiary characters who all have a role to play in the outcome of events to the main character. In this case you should focus the answer around the main character and deal with each of the subsidiary characters in turn and their legal liability towards, or remedies against, the main character, if this is what the question demands.
Each character should have a separate paragraph devoted to them although there may well be reference to other characters too. If there is a repetition where character C has the same liability as character B, do not repeat the law in detail. Instead, merely state that so far as C’s liability is concerned towards battery, these are the same as for character B referred to above. Then you can deal with other issues relating to C, not referred to elsewhere, in detail.
Each paragraph dealing with each character should be self contained in itself, comprising a mini introduction, middle, and conclusion. Sometimes the mini introduction can comprise a brief resume of the facts, before considering the legal remedies/liabilities and then proceeding to conclude, on balance, what you think the likely outcome would be e.g. “C would most likely be convicted of attempted murder”. Sometimes the outcome is starkly obvious, but more often there is room for doubt and this should be mirrored in your conclusion.
Part 2 of the Guide will look in more detail at answering problem questions in law.
Meantime please visit my website at:
www.law-essay.com for assistance with achieving your qualification.
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