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QUESTIONS -
2. Picking the issues
The most important
skill in answering a
legal problem is to be
able to spot the
relevant issue of law
being raised
Picking the issues
Many exams frame direct questions
they identify the area and ask about it
directly - e.g. Describe photosynthesis.
Legal exams however are typically
problem questions, where the area of law
to be tested is not clearly identified e.g.
Advise John
You must work out what area of law to
advise John about: i.e. you must pick the
issue the question is raising
First step
Problem questions require an extra level
of analysis first work out what the
question is about before trying to answer
it.
If you identify the correct legal issues
raised in the question you will almost
certainly pass even if your discussion of
them is poor.
Wrong issues?
If your answer is a brilliant, well
supported, well written discussion of
important legal issues but not those
raised by the question you will fail.
Addressing the wrong issue, is
demonstrating that you do not understand
that area of the law well enough to
understand the issues raised by the
question.
The right issue
David Beckham, using
a soccer ball at
Wimbledon, would be
out first match
Roger Federer, using
a tennis ball at the
World Cup, would not
get a game
Legal problems need
the right issue not a
great discussion of
the wrong issue.
Knowledge first
Direct questions allow you to read the
question and then read/research what the
answer is. e.g What is photosynthesis?
gives you a starting point for research.
Indirect (problem) questions require
you to know the relevant area well first. If
you do not know the law you will not be
able to spot the issues which are being
asked by the question.
First
Read and prepare a
summary of the relevant
law before attempting a
problem question.
Do not try and work
backwards unless
you understand the law
you will not be able to
determine the issues.
Then?
Read the question
very slowly and very
carefully
Make sure you
understand each
word in the question
dictionaries are an
important tool
Underline or
highlight important
words.
Underlining
Aim to underline at
least one thing
relevant to a
consideration of the
issues in each
paragraph of the
question
If you cant reread
the question as you
will have missed
issues
Ask why?
Ask yourself while reading,
why is this information here?
What issue is this meant to
make me think about?
Am I given information which is
quirky or out of the ordinary?
What issue does this direct my
attention to?
Are the words used similar to
those in a case or statute?
Examples
In a Contracts exam you read:
John is grumbling because he has so much
homework
What issue does this raise?
Capacity?
Does the information given in the question
that John has homework raise the possibility
that John is at school?
Does this mean that he will be a minor?