By: Anisa Said

Assignments can be challenging when starting your law degree. If you receive your first grade back and it’s not what you’re expecting, that is completely okay. They will definitely improve when you realise what is being examined. Here are some tips on how to answer problem questions and essays for a law degree.

TIP: A PROBLEM QUESTION SHOULD NOT LOOK OR READ LIKE AN ESSAY.

It is very likely that when you start university, one of your first assignments will be a problem question. The guidance universities provide is pretty non-existent, unless you are lucky enough to have a tutor who is willing to help out a bit. As you don’t know what a problem question looks like, it is very likely you will write it like an essay because this is what you are used to. But this is WRONG.

The way you structure a problem question is very important. When answering a problem question, first split it up into the parties that have issues and deal with them separately. What I mean by this is, if a question speaks about how “Billy” has a problem with “Lucy” and a separate problem with“John”.  First, speak about “Billy v Lucy”. When you’re done, speak about “Billy v John’”. Do not speak about them at the same time and use subheadings to signpost that you are moving on.

When tackling the problem with “Billy v Lucy”, approach it logically. You do not need an introduction; jump right into the legal issue. For example, if you are answering a contract law question about misrepresentation, do not start by giving the history of misrepresentation or an in-depth analysis of case law. This is a waste of time and words because you will not receive marks for it. Problem questions are testing one thing: Do you understand the relevant law and can you apply it to a factual scenario? Instead, start by saying, “For Billy to claim damages against Lucy, he will need to prove there is an actionable misrepresentation.” Then give a quick definition for misrepresentation. Next, using subheadings, go through every step of the legal test for finding an actionable misrepresentation and apply it to the facts.

TIP: YOU WILL NEVER BE ABLE TO DISCUSS EVERYTHING FROM THE TOPIC. PICK OUT THE PARTS OF THE TOPIC THAT ARE RELEVANT TO THE QUESTION AND DISCUSS THEM.

Now that you have begun going through the legal test, keep the description brief. By description, I mean explaining the background to the law if it is not relevant to the facts. Better answers have more analysis, which is applying the facts to the law and coming to a conclusion. You need to do this throughout and not just at the end.

For example, the steps to finding an actionable misrepresentation are:

(1) unambiguous

(2) false

(3) statement of fact and law

(4) Addressed to mislead party

(5) Inducement.

These should be your 5 subheadings. (I HOPE IT IS COMING ACROSS THAT SUBHEADINGS ARE VERY IMPORTANT IN PROBLEM QUESTIONS TO KEEP THE STRUCTURE NICE AND CLEAR)

Under each subheading, you need to know the relevant case law and where this general principle comes from and apply it to the facts.

FOR EXAMPLE: IF I WAS GOING THROUGH (3) STATEMENT OF FACT AND LAW IT WOULD LOOK SOMETHING LIKE THIS.

The general principle is that a statement of opinion will not lead to an actionable misrepresentation (Bisset v Wilkinson). (Can you see how I did not give an in-depth analysis of the facts of Bisset v Wilson? I just simply put it in brackets to show where I got it from and to show where the authority is from. It saves words and time).As Lucy prefaced her statement to Billy with “I think,” this could be interpreted as an opinion, which means that it would not give rise to misrepresentation (I am applying the facts straight to the law I just gave. I am not giving a retelling of the facts. It would be a waste of time). However, where the maker of the statement is in a better position to know the accurate position, the statement of opinion will be treated as a statement of fact (Smith v Land House Property Corp). (Giving the relevant case law) Lucy is the owner of the hair salon and therefore is in a better position to know the terms of her staff’s employment. By making that statement to Billy, she is implying that she knows of facts that justify this opinion. Therefore, her statement of opinion is to be treated as a statement of fact, satisfying this requirement. (I apply the facts, the law again, and come to a conclusion on this matter.)

TIP: IF YOU CAN MAKE A POINT IN LESS WORDS, DO IT.

When you have gone through all 5 parts, you would come to a conclusion of whether there is an actionable misrepresentation and then you would move on to damages.

 ESSAYS:

Writing essays seems easier at first because most people already know what an essay should look like. However, at university the expectations and standards are higher so your arguments need to be more thought out and clever.

A key difference between university essays and A-level essays is that A-level essays require you to regurgitate information you have learned, while university essays require you to take that information and support your own opinion on the topic. Therefore, essays are easier to write when you have a strong opinion on the topic, as you can write more convincingly. If you already have an opinion, you can do some targeted research to find information that supports your argument. Check for counterarguments and weaknesses to your arguments, and learn how to rebut them. Ignoring the other side of the argument won’t be convincing, and you need critical analysis to evaluate the strengths and weaknesses of your argument. Don’t just say good things about your arguments; you won’t be able to do critical analysis in that case, no matter how much you believe in your arguments.

If you are struggling to form an opinion when writing an essay, it is likely due to a lack of knowledge about the topic. Review your notes and re-watch the lecture if necessary. If you still can’t form an opinion, start doing some general reading on the topic to see where you stand. It’s essential to have a stance on the issue; otherwise, you won’t be able to write a good law essay. Whether you’re 100% for or against the topic, or somewhere in the middle does not matter.  What matters is that you stick to your stance, defend it, present arguments against it, rebut those arguments, and then restate your opinion.

TIP: INSTEAD OF USING DIRECT QUOTES, PARAPHRASE. QUOTES/ SECONDARY READING SHOULD BE USED TO SUPPORT YOUR ARGUMENTS. YOU DO NOT WANT TO RISK RETELLING SOMEONE ELSE’S ESSAY.

When introducing your essay, state your stance and refer back to it consistently. This ensures that everything you write is relevant to your argument. Conclusions are for restating your stance and summarising your essays. NO NEW INFORMATION SHOULD BE HERE.