Law Tutor

Lang Thai 1998 ©

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APPROACH TO ANSWERING EXAM PROBLEM QUESTIONS 1. State the issue(s) involved in the question. 2. State the relevant law for the first issue (if there are more than one). If both

statute and case law apply, deal with the statute first. 3. Apply the law to the facts. This means explaining why the law that you have

just stated is relevant to the facts of the problem. As far as possible, use the actual words stated in the problem when explaining the law's relevance.

4. Provide argument. It is necessary to consider the law from both parties' points

of view. Sometimes the law can be interpreted in different ways for argument's sake; sometimes the relevant cases differ in their interpretations of the law. One side might choose one interpretation, the other side, another. The best answers show an understanding of these differences.

5. Do the same for each issue. 6. Draw a conclusion from your preceding arguments. You should try to decide

in favour of one of the parties. Note:

A. When answering the problem, establish what the main issue(s) are and build up the foundation through logical reasoning.

B. The length (and detail) of the answer should reflect the proportion of marks

allocated to the question. If more time was allowed, the cases could be discussed in more detail. However, the basic structure should still be followed. If the answer is longer, short headings can be a helpful way to guide the marker.

C. Wherever necessary, use case law to interpret the provisions of the statute.

D. When a suggestive invitation is given for you to focus on a particular case (for

example the similarities or the differences in the facts); be ready to analogise, contrast and express your opinion - but beware of the time.