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Tips on answering problem questions

Law in a Business Environment (University of Auckland)

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Answering problem 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 tips on how to approach this type of question.

1. Read the question carefully

OK, 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, or try
making a flow chart or chronology of events, or a spider diagram detailing the involvement of each
party.

2. 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.

3. Introduction

You were probably taught in high school and most university courses to rehash the facts or situation
as part of an introduction for any answer you give.

But a problem based question simply doesn’t need one. Instead, just write down the issue as a
question or a statement. For example: “The issue in this situation is whether plaintiff has suffered
the type of damage that is foreseeable.” That’s it – now move on to the rule section.

4. Show what you know

When it comes to explaining the legal rules that apply to a scenario, it helps greatly to reference
legislation and cases. In referring to cases show how they relate to the problem you are discussing to
demonstrate your understanding of the law.

• Case Facts
What you need to avoid is an answer that stops and starts by returning to the facts in a
manner that affects the flow of your answer.
There is often no need to go into the detailed facts of the cases you cite. In particular, give
only the name if the case is being cited as authority for a broad general proposition of law
and the facts are not particularly significant or helpful as an illustration. Eg Manufacturers
of food items owe a duty of care to the consumer of such products (Donoghue v Stevenson).
You will, however, need to go into detailed facts where you are seeking to distinguish the
facts of the case in question from the facts of the problem or where there are significant
similarities of wording in the documents used in your problem to the words used in a
specific case, e.g. Holwell Securities v Hughes - "notice in writing to Dr Hughes" was
sufficient to require actual communication of an acceptance and so exclude the operation of
the postal rule.

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5. 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.

Avoid vague statements and unsupported generalisations since law is a precise and detailed
subject. Avoid simple and obvious statements that add nothing eg "This problem involves difficult
issues of fact and law".

6. Get the structure and presentation right

This leads onto the next point – structuring your work carefully. 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
person with no previous knowledge of law. For example, imagine you are explaining to a family
member. Will they be able to follow what you’re saying?

You can use headings for each point you want to make if that’s easier for you but a bullet point
answer is not acceptable. Remember, breaking your answer down into paragraphs makes it much
easier for the reader to follow your argument.

As mentioned earlier there is no need to repeat the facts of the problem in the introduction
to the answer unless you are making use of them to expressly identify the basis for your
identification of the legal issue. In other words, they can be usefully incorporated as part of
your discussion of the legal issue and application.
7. 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 the analytical skills, the ability to structure an argument,
are relevant to many other subjects you will be studying. They are also a great way of developing key
skills which are needed in plenty of careers.

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