General guidance on answering problem scenarios

The points made about structure and clarity in relation to essay answers apply equally to answers to problem scenarios. The first point of reference in any problem-type question is to be clear what it is you are being asked to do. If you are asked to advise a particular party or parties make sure that your answer very definitely approaches the facts from their point of view. This is not to suggest that your use of the law should be unbalanced or biased. You must discuss all relevant and realistic legal issues arising from the facts whether in favour of your ‘client’ or against them. If you are not sure whether the facts of the problem raise an issue because the facts are incomplete or ambiguous it is advisable expressly to state your belief that there is uncertainty and then to outline all alternative (and of course relevant and realistic) interpretations and approaches.

Once you are clear who it is you are required to advise the key to a good answer is a methodical approach, lucid expression and clear structure. You should identify the issues, state the issues, cite the relevant law, briefly discuss any debate as to the relevant law (making reference to the legal authorities and to any relevant academic commentary) and then - most crucial of all – you should apply the relevant law to the facts and reach a conclusion. It will do no harm expressly to state ‘applying case Y to fact X…it would appear that / I would conclude that.’ You should follow this process, or something like it, with every issue raised by the problem. It is crucial, however, that you tackle the issues in a logical order. Sometimes the form of question will insist upon a certain order (issues may be listed a, b, c….etc), where it does not it is incumbent upon you to impose your own order. You might wish to break up your answer with sub-headings designed to identify the relevant issues. Headings such as “The trustee’s liability” “The claim to rights in Greenacre” or “Peter’s rights” all help to create the impression of a lucid piece of work. It is important to highlight the authorities and references you use. You may wish to use footnotes or to use a different coloured ink or underlining. Finally, always remember to write a brief conclusion. This is especially important where you are required to advise a particular person.