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Many students are wary of answering essay questions. Compared to a problem-type question there can appear to be relatively little guidance in the question itself as to the sort of issues the assessor is wishing the student to address. In fact, an essay gives far more scope for students to express their own ideas than does a problem-type question.
I therefore recommend that students attempt essay questions when a question appears which is based on a subject the student has understood and feels confident in. The scope for achieving a very good mark in an essay is enhanced because of the flexibility that the essay-form of question offers. Whereas even a good student will find it hard to answer a problem in a distinctive way within the allotted time, the same good student can give an essay answer a distinctive flavour and take the opportunity to make original observations. You may even go into the exam with something of interest in your mind, ready prepared, to say about each of the major topics you have studied.
A good technique is to decide upon whichever legitimate interpretation of the question gives you the greatest opportunity to discuss those aspects of the subject with which you are most familiar and in which you are most interested. Having said that, the main aim in writing an essay-type answer is to adhere as closely as possible to the question asked. The first rule is to answer the question that has been asked. The second rule is to answer it in your own way. As you write your answer make express reference to the essay title every now and then, and be sure to finish the essay with a conclusion that really does tie together your thoughts and refer back to the essay question and the points made in the introduction.
The point is that you should have a thesis, an idea. It is all too easy simply to string quotes together without suggesting any uniting thread. The best way to put across a thesis is to have a strong introduction which either analyses the question according to the literal words used, or re-defines the words used in a way that is more favourable to your strengths and knowledge (always being careful not to stray outside the ambit of the question). The introduction should set out the route that you intend to take through the question and should be tied up in a strong concluding paragraph where you tell the reader whether or not the thesis that you commenced with has been proved or disproved.
It follows from the preceding comments that a lack of structure, and a non-committal introduction/conclusion are undesirable in essay questions. Furthermore, you will probably wish to use separate paragraphs for each of your major points and you may wish to use sub-headings (perhaps in bold) to describe each of your major paragraphs (as do most academic journals). As well as structure, clarity is crucial. I recommend short sentences. (Like this one.) As a general rule try to restrict yourself to one point per sentence, so that your observations do not become muddled up. Enjoy the question and keep the reader’s interest.
A good answer will cite legal and (sometimes non-legal) authorities for the points made. The more authoritative the supporting reference the better. Authorities do not have to be recent, they just have to be the right authority for the point. However, recent authorities (and references to academic commentary, law commission papers etc) can be taken as evidence of sound research techniques. Don’t worry if you can’t remember the year of a case in an examination – the main thing is to understand the point. Of course all references should be attributed. You will be penalised if you pass off another person’s work as your own. Make your work attractive to the assessor by producing it in word-processed form wherever possible, and underline or otherwise highlight your legal authorities (cases, statutes etc).
It is difficult to get the balance right between comprehensive coverage of the range of points that can be made, and sufficient depth in the treatment of each. A good approach is to have a simple thesis and to support it by detailed examination of one or two important cases. If you can demonstrate that those cases are seminal, there may be no need to refer to too many others. (Although you should expressly state that this is the approach you are adopting.) Above all an essay should not be an encyclopaedia of the irrelevant, not matter how learned, but a focussed answer to a specific question – do not simply recite your lecture notes or the chapter from a book.
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.