In this article, Inaya explores a step-by-step technique to answer legal problem questions.
Problem questions are a core part of law school exams. They require not just knowledge of the law, but also the ability to apply that knowledge to complex, real-world scenarios. For law students, excelling in problem question answers is essential to achieve top marks. Below are some key strategies to help you master this skill.
1. Understand the IRAC Structure
One of the most effective ways to approach a problem question is by using the IRAC method (Issue, Rule, Application, Conclusion). This framework helps to keep your answer structured and logical:
• Issue: Identify the legal issue(s) raised by the facts of the problem.
• Rule: State the relevant law or legal principle that applies.
• Application: Apply the law to the facts of the case. This is the most important part, where you demonstrate your ability to analyze.
• Conclusion: Provide a clear and concise conclusion based on your application.
Tip: Be mindful that complex problems may require multiple IRAC sequences for different legal issues.
2. Spotting the Legal Issues
A key skill in answering problem questions is the ability to quickly spot the legal issues embedded in the fact pattern. To do this effectively:
• Read the question carefully: Often, problem questions are worded in a way that hints at the key legal issues, so pay attention to specific details.
• Break down the facts: Highlight or underline facts that seem legally significant.
• Focus on the ‘trigger’ facts: Certain facts will signal the involvement of a particular area of law (e.g., a contract being breached, an injury caused, or a criminal act committed).
Tip: After identifying the issues, prioritise them. Not all issues will carry the same weight, so focus more on major points rather than obscure details.
3. Apply the Law, Don’t Just Recite It
It’s easy to fall into the trap of reciting legal rules or principles without adequately applying them to the facts. However, your marks come from demonstrating legal analysis, not memorisation. To do this:
• Tie the law to the facts: After stating the legal rule, use the facts of the problem to show how it applies (or doesn’t). For example, if you are discussing negligence, explain how the defendant’s behaviour fits or fails to meet each element of the test for negligence.
• Deal with ambiguities: Law is rarely black and white. If there are areas of uncertainty or potential interpretations, address them in your answer, explaining both sides before arriving at your conclusion.
Tip: Make sure your analysis is deep and not superficial. Examiners look for a well-reasoned application, showing that you understand the nuances of the law.
4. Be Concise, but Thorough
Exams often include time pressure, so you need to balance being comprehensive with maintaining focus. Don’t waste time on unnecessary details. Instead:
• Be concise: Write clearly and avoid excessive repetition. Get straight to the point while ensuring your reasoning is complete.
• Stay focused on the question: Always relate your analysis back to the specific facts of the problem and avoid wandering into unrelated areas of law.
5. Plan Before You Write
It can be tempting to jump straight into writing your answer, especially under exam pressure. However, taking a few minutes to plan can save time and improve clarity. Here’s how to plan effectively:
• List the issues: Note down the legal issues you’ve spotted in the question.
• Organise your thoughts: Decide the order in which you’ll address the issues. Usually, it makes sense to deal with the most significant issue first.
• Keep your plan flexible: If you realize halfway through that another issue is more important, don’t be afraid to shift your focus.
6. Reference Cases and Statutes Accurately
Referencing legal authorities is critical in demonstrating your knowledge. However, it’s not just about name-dropping cases or statutes; you must use them to strengthen your arguments. Here’s how:
• Pick relevant cases: Use cases that are directly applicable to the legal issue you are discussing.
• Explain their significance: Don’t just mention the case—briefly explain the legal principle that was established or clarified by the case and apply it to the facts.
• Statutes: Similarly, when referencing statutes, make sure you cite the specific sections relevant to the issue at hand.
7. Prepare for Different Types of Problem Questions
Law exams may present a variety of problem question formats. These may range from simpler single-issue problems to multi-issue, multi-party scenarios. Practice with different types of questions to build your confidence in dealing with each. Focus especially on:
• Multi-issue problems: These require you to juggle several legal issues at once. Practice organizing your answer so that you address all major points.
• Questions involving multiple parties: Make sure to clearly distinguish between the roles and liabilities of different individuals or entities.
Mastering problem question answers is a critical skill for success in your final-year law exams. By using a structured approach like IRAC, focusing on applying the law to the facts, and being concise yet thorough, you’ll be well-prepared to tackle complex legal scenarios and score highly in your exams. Practice, planning, and a strong understanding of key legal principles are essential to mastering this vital exam skill.
Article written by Inaya, final year LLB.