Problem Questions
The task of applying law to facts is fundamental to working with law. It is therefore not surprising that
law schools train students by making them answer problem questions in class, in assignments and in
examinations. Problem questions are designed to test your ability to analyse and resolve legal
problems. Your answers must demonstrate the ability to spot the precise legal issues involved in the
problem, and to provide a solution to those issues based on the materials studied throughout the
course and your own reasoning ability.
What is a Problem Question?
• A problem or problem question is an exercise where a student is given a set of facts and
asked to apply the law to those facts to ascertain their legal consequences, eg whether a
cause of action is available to a particular party.
• There is usually an additional task in answering a problem question. It is common
practice to construct a problem so that the legal consequences of the facts are not clear,
because the law is ambiguous. For teaching purposes, the facts are deliberately made
up this way to give students practice in trying to resolve issues through interpretation.
Why ask questions in the form of Problems?
• Problem solving requires a range of critical thinking skills. Consequently, if you want to
do well, it won’t be enough to simply attend lectures and seminars, read examples and
memorise cases, statutes and legislation. Problem solving requires an understanding of
the legal principles behind the problem and an ability to present your interpretation in the
form of an analysis of the facts and issues.
• It takes some skill to apply the law to relatively simple facts; so dealing in the ambiguities
of law by interpretation is even a more exacting task. This is the reason for inserting
issues in problem questions.
• Practising the skill of applying law to facts as well as the skill of interpretation in a written
assignment or exam situation has two advantages:
1. It helps the student learn the law better because they must:
a. go beyond the mere passive study of law into the practice task of applying law
to a set of facts, and they see how law operates which helps them better
understand and remember it
b. see whether they have organised the law in a functional way
2. When writing an answer to a problem question a law student is imitating tasks
common in legal practice such as:
a. a lawyer advising a client
b. a judge, writing a judgment
Steps in Answering Problem Questions:
1. Analyse the problem carefully: Read the problem through once quickly and determine its
general nature. Focus on the question asked at the end of the problem (e.g., "What advice
would you give Joe Bloggs, and why?" or "What are the rights and liabilities of the parties'?").
Keeping in mind the question asked, read the problem through again, slowly and carefully. Pay
The task of applying law to facts is fundamental to working with law. It is therefore not surprising that
law schools train students by making them answer problem questions in class, in assignments and in
examinations. Problem questions are designed to test your ability to analyse and resolve legal
problems. Your answers must demonstrate the ability to spot the precise legal issues involved in the
problem, and to provide a solution to those issues based on the materials studied throughout the
course and your own reasoning ability.
What is a Problem Question?
• A problem or problem question is an exercise where a student is given a set of facts and
asked to apply the law to those facts to ascertain their legal consequences, eg whether a
cause of action is available to a particular party.
• There is usually an additional task in answering a problem question. It is common
practice to construct a problem so that the legal consequences of the facts are not clear,
because the law is ambiguous. For teaching purposes, the facts are deliberately made
up this way to give students practice in trying to resolve issues through interpretation.
Why ask questions in the form of Problems?
• Problem solving requires a range of critical thinking skills. Consequently, if you want to
do well, it won’t be enough to simply attend lectures and seminars, read examples and
memorise cases, statutes and legislation. Problem solving requires an understanding of
the legal principles behind the problem and an ability to present your interpretation in the
form of an analysis of the facts and issues.
• It takes some skill to apply the law to relatively simple facts; so dealing in the ambiguities
of law by interpretation is even a more exacting task. This is the reason for inserting
issues in problem questions.
• Practising the skill of applying law to facts as well as the skill of interpretation in a written
assignment or exam situation has two advantages:
1. It helps the student learn the law better because they must:
a. go beyond the mere passive study of law into the practice task of applying law
to a set of facts, and they see how law operates which helps them better
understand and remember it
b. see whether they have organised the law in a functional way
2. When writing an answer to a problem question a law student is imitating tasks
common in legal practice such as:
a. a lawyer advising a client
b. a judge, writing a judgment
Steps in Answering Problem Questions:
1. Analyse the problem carefully: Read the problem through once quickly and determine its
general nature. Focus on the question asked at the end of the problem (e.g., "What advice
would you give Joe Bloggs, and why?" or "What are the rights and liabilities of the parties'?").
Keeping in mind the question asked, read the problem through again, slowly and carefully. Pay
