In my previous blog post, we looked at answering legal problem questions, also called legal problem scenarios. Last time, we considered the structure of your answer and the appropriate writing style; this time, we will be moving on to how to use sources in your answer and planning it.
This will require you to decide what is and isn’t relevant to your answer and how much background information and discussion should be included in an answer to a legal problem question. You will need to answer in a different way to how you would for a legal research essay. If you are writing a legal research essay, you can find my guidance on this here and here.
How Do You Use Sources in Your Answer?
The first thing to consider is when you need to cite a source. This part is fairly similar to for a legal research essay – you need a source for every time you make a new point and state a fact of law. You can’t answer a question without citing where you are getting your information from, as this would not show that you have a good understanding of the law and legal principles that relate to the scenario.
Your examiner will need to see evidence that you not only know and can apply these legal principles, but also that you can remember their source. This makes it easier for you too, as thinking back to the details of a case or piece of legislation may answer a particular question raised that you are unsure of. If you are not in an exam situation and you can look up any sources you want, do! You may find that there is a subsection, or something said obiter dicta that is useful to improve your answer.
In addition, remembering (or looking up) the year of a statute gives some guidance on which to use, as new versions should replace or amend the old. You should be able to see this in the text of the statute if you are unsure.
A similar principle applies for cases – checking the dates and courts means that you can decide which case is best to apply. In general, the more recent case should be correct, as each one sets a new precedent which must be followed in future. Remember the court hierarchy as well – lower courts must follow the judgments of higher ones.
In some situations, it may be sufficient to merely state the name of the case to support your answer. This is true where the principle derived from the case is one that has well-known ties to the name of that case. For example, part of the test for the mens rea for murder is taken from the case R v Cunningham, so this is simply referred to as Cunningham recklessness.
However, the name of the case will not always be sufficient. If it is not obvious how the principle will apply, it is best to fully explain what the situation was in the original case so that you can then draw an analogy to the scenario you are working on and decide whether the principle applies. You should highlight the differences and similarities between the case and the scenario to help you decide. Avoid stating all of the facts of the original case and instead just include any points that are relevant to your answer.
When referring to a statute, simply write the name of the statute and the year, as well as the section you are using. You may be able to use abbreviations for statute names, such as the Criminal Justice and Public Order Act 1994 to CJPOA 1994. You don’t need to include the full wording of the act, although you may wish to quote selected phrases to strengthen your answer.
If the law in a certain area is not clear, it is fine to say this. Explain what the law currently says; for example, there may be two or more conflicting cases or not enough information available. You can then use this to discuss what might be the situation in the scenario, but don’t do this without highlighting the lack of clarity.
If the law is unclear, you can strengthen your argument by including secondary sources such as journals and textbooks. However, do not devote too much attention to this as you do not need to assess the law itself in a problem scenario.
How Should I Plan My Answer?
The first thing to consider when planning your answer is how much time you have. If you are doing it as an assignment over several weeks, you can be very thorough in your planning and do multiple drafts. However, if you are answering a question in an exam, you will have limited time available to plan. This is one reason why it is so important to try some past papers before your exam, so you can work out how much time you will have available for planning.
Your very first plan will just be a basic outline, using bullet points or similar to note down the key points you intend to cover in your answer. You can use sub-divisions for each part of the question, as well as areas such as actus reus and mens rea.
Once you have your outline, try doing a first draft. You don’t need to worry too much about getting it perfect at this point, as long as the basics are there and you have a clear structure. If possible, it can help to leave this first draft for a week or so, then come back to it with fresh eyes. This can help you to spot some mistakes and make sure it flows well.
Wrapping Up
I hope that this helps you to answer legal problem scenarios. Next time, we will be looking at how to write case notes, so come back in two weeks for that!
Want help proofreading your work? Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader.
Email: CarmineProofreading@gmail.com
Twitter: https://twitter.com/CarmineProofed
Carmine Proofreading 
3 thoughts on “How Do You Answer a Legal Problem Question? – Choosing Sources and Planning”