Chapter 1 Audio: Succeeding in Problem and Essays Questions in Land Law

In this audio I want to talk to you about succeeding in problem and essay questions in Land law. Students are always asking me, ‘Chris what does a first-class answer look like in Land law? How do I get my 2:2 up to a 2:1, or my 2:1 up to a first?’ I want to offer some brief reflections on that here.

Firstly, problem questions and essays are two very different beasts, and the skills are quite different for each. For problem questions, a top performing student will be able to do three key things. Firstly, clearly identify the legal issues. Secondly, explain the relevant legal principles pertaining to those issues; that means identifying relevant doctrine, statutory provisions and, vitally, any case law.

And thirdly, a top performing student will be able to apply the legal principles you've just outlined to the problem question facts. And it's here, in my experience, where students often fall down, and yet this is where many of those top first-class marks can be found. Probe, push, interrogate the facts of the problem.

Why are they there? Facts are there for a reason. What is their significance? Are any facts missing? Are there any more facts that you'd want or anymore you'd want to know?

Now, in an essay question it's quite a different animal. We ask a question or ask you to critically discuss a statement because we want to hear your views, we want your argument, and there is the word: argument.

Whether it's a statement to critically discuss, or a specific question to answer, either way, avoid the major pitfall, which is what I call the ‘description trap.’ An essay is not an excuse for you to tell us everything you know on a particular topic. Think argument, introduce your essay, unpack the question, the words in the question, what is the question asking and how do you understand the question.

Tell me in your introduction how you're going to answer this question, how are you going to address it. In the main body of your essay do what you’ve said in the introduction but draw on legal authority on wider debates, academic material, cases, legislation, all to weave an argument. And of course, don't be shy to challenge the question or the statement.

If you disagree with it, tell me why. Be critical, not descriptive, and don't sit too long on the fence. Vitally, to get a top mark in an essay you need to be using secondary resource material—journal articles, law commission documents. Luckily, I flagged these up throughout the textbook to tell you the relevant sources that you should perhaps check out.

You really cannot expect to do excellently in an essay question without referring to the secondary material.