Problem questions will present you with a factual scenario and typically require you to assess the situation from a legal perspective or advise a fictional client.
The best way to answer problem questions is to learn the technique. Examiners will expect you to answer problem questions in a particular way. It’s also useful to learn how to assess problem scenarios as you might come across similar situations in your professional future.
This blog can’t go into as much detail as our full guides, but we’ve put together a few of our key tips for you.
Read more slowly
We get it – when the exam starts and you see the first question you’ll be desperate to get on with answering it – but make sure to take the time to read (and re-read) the question set. The question will be full of little details and hints which will guide you towards the right topic. Don’t make the mistake of skim-reading the question and rushing to write your answer – you might go down completely the wrong track!
A good rule of thumb is to take five minutes at the start of your exam to properly read the question and understand the key facts.
It might help to make a separate note of the key facts. Try writing down a few key words, a mini mind-map of connections or a mini chronology (timeline) of events – whichever works best for your style of learning. Writing down a few key words or facts will help you digest the problem question.
For the same reason it’s good to occasionally check back in and re-read the question as you write your answer.
Look out for red herrings
Examiners will sometimes throw in odd details to put you off. A common trick is to include a very specific date for when something happened. This could be the day before or after a particular statute became law. If so, your entire answer will change. Another trick is to have the fictional character or client in the question make an accusation or start a lawsuit along a particular legal line which is in fact the wrong line of inquiry.
Use our suggested outlines
All our Law Answered guides contain full or summary problem question structures – we’ve deliberately designed our notes in this way in order to help you learn the subject in the same way as you’ll need to apply it.
Be practical
Answering a problem question is very different to answering an essay question. This is not an opportunity to engage in academic debate and jurisprudence. Instead, imagine that you are a lawyer giving practical advice to a real client – as if you are explaining the law and evaluating their circumstances and what the outcome in real terms will be. Showing off will not help you.
Answer the question set!
Finally, and most importantly – make sure you are answering the exact question, with the exact facts, that you have been set. So many students slip up because they do not check back in with the question and end up side-tracked and discussing a marginally relevant issue. Your answer is only worth any points if it is directly relevant to the problem question scenario!