Chapter 28
Answering Problem Questions
Introduction
Facts
Parties
Ascertaining Law
Organising Law
Applying Law
Framing Issues
Resolving Issues
Answer
Common Errors
Illustration
Introduction
Nature of Problem Questions
Problem questions (sometimes just called ‘problems’) are a common exercise
for training and assessing law students. A problem question presents a student
with a set of facts. The problem question then asks the student
to apply the
law to those facts to work out
the
legal consequences
of those facts and to
advise the parties of their legal position.
Most problem questions involve remedial law under which one party can
institute a cause of action against another party. In this case the task for the
student is to advise the parties whether a cause of action is available to them or
against them.
These problem questions imitate, although not totally, two tasks in litigation –
a judge delivering a judgment and a lawyer advising a client on their prospects
of success. However, the lawyer’s advice is really a prediction of what the
judgment will say, so the
lawyer and the judge
really perform two aspects of
the same function.
Use of Problem Questions
Problem questions are a standard exercise for those studying law in many
common law jurisdictions, including the United Kingdom and Australia.
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Those studying law most obviously are undergraduate law students, but legal
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In the United States the case method is widely used although some argue
that they should adopt the problem method – see Maskovitz (1992).
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