In my last two blog posts, which you can read here and here, we looked at how to approach and answer a legal research question. This blog post will instead consider how to deal with legal problem scenarios and how to approach and draft your answer. Legal problem scenarios may sometimes be called legal problem questions, but they are the same thing.
We will be looking at what a problem scenario, or question, is and how you should start your research. We will also be asking what types of source are appropriate to use and how you should do this, as well as how to decide what is relevant to your answer. More generally, we will consider how to structure your answer and what is an appropriate writing style for your work. Some of this will be covered in the second part of this blog.
What is a Legal Problem Scenario?
Let’s start by answering the most obvious question – what is a legal problem scenario? Essentially, a legal problem scenario will give a fictional case by telling you the events that happened, as well as any extra information such as the ages of any people involved and any existing medical conditions they may have. They may come in many different formats, for example, a question with a few major events happening a short time, a series of events over a longer time, or a question with multiple parts, where the scenarios within each part may be unrelated.
Once you have the scenario, you need to read it carefully to make sure you understand all the issues and facts presented, then relate these facts to what you already know of the law surrounding the topic. You will then need to use this legal knowledge to decide on what the legal outcome for the scenario will be.
If there is guidance on the marking criteria available, use it! This will tell you what your examiner is looking for in your answer and what areas you should focus on. You will almost certainly be getting a large proportion of your marks for analysis and applying your knowledge to the scenario, so make sure you are doing this rather than writing about the law, but never relating this to the situation given.
What Writing Style Should I Use for a Legal Problem Scenario?
As with all of your legal writing assignments (with the exception of some legal memos), you need to use a formal style of writing. Avoid using contractions such as “don’t” or “wouldn’t”, instead always using the long form, i.e. “do not” and “would not”. Exclamation marks are also inappropriate in your answer.
In addition, don’t use any slang or expressions. This makes your work look unprofessional and suggests that you are not able to write for the intended audience, which is a valuable skill no matter what subject you are studying. Writing for audience is also useful if writing is part of your job.
In terms of legal writing, ensure that your answer is informed but clear. Sometimes, it is necessary to use legal terms to show that you understand them and appreciate what the question is asking, for example, actus reus and mens rea in problem scenarios. However, do not use jargon for the sake of it and avoid using long, overly complicated sentences. If a simple word will do instead of a longer one, use the simpler one! Your writing should be clear and easy for the reader to follow.
It is of particular importance in legal writing that you sound sure of your reasoning. Avoid using phrases such as “it is likely that Person A has” or “Person B may be”. Instead, stick to strong statements such as “Person A has” and “Person B is”. This doesn’t mean that you can never offer any alternative outcomes and possibilities, but avoid using tentative phrasing.
Overall, just keep in mind that your work should be coherent and comprehensible to the reader without them needing to guess what you mean or working to understand a tangled sentence. This applies to all of your assignments, not just legal problem scenarios.
What Structure Should I Use?
The structure of your answer is also very important for keeping your answer clear and coherent. It is easy to flip back and forth between topics in a legal problem scenario, leading to a very convoluted answer that your examiner will have trouble finding your actual knowledge and analysis in.
Therefore, before you even start your answer you should make a plan of how you will deal with the question. If it is a long scenario with multiple legal issues for you to deal with in, keep these separate. Start a new section with each new problem raised in the scenario.
At the start of the question, set out what offence or breach you think has occurred and what needs to be proved for the person to be found guilty or liable. Then, start applying the law to the facts of the scenario.
If there are multiple legal interpretations you could make, do! Set out all the possible outcomes, then decide for yourself what would actually be the result of the case. This way, even if you do choose the incorrect outcome, the examiner will be able to see where you went wrong and still mark you on this.
Make sure you clearly state what you decide the outcome will be at the end of your answer, using firm, definite language. This makes it easy for your examiner to see what conclusion you have come to, rather than having to find it in the main body of your answer.
Wrapping Up
I hope that this helps you with answering legal problem questions. Next time, we will be looking at how to choose your sources and plan your answer in more detail, so come back in two weeks for that!
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