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Contents

About the authors

Preface

Introduction

A. Nature of problem questions

B. Use of problem questions

C. Advantages

(i) Studying law

(ii) Practising Law

D. Method

(i) Current methods

(ii) Proposed method

Stage 1: Get the facts into your head

1.1 Treat the facts as true and proved

1.2 Organise the facts

1.3 Deal with problem facts

(i) Omitted facts

(ii) Facts as inferences

(iii) Facts incorporating legal consequences

(iv) Surplus facts

(v) Facts in constitutional and administrative law

Stage 2: Set out the parties

2.1 Identify every party stated in the facts

2.2 Work out and write down the possible permutations or arrangements of these parties

2.3 Look at the question and see what it asks you to do for the parties

Example

Stage 3: Ascertain the law

(i) In practice

(ii) In problem questions

Example

Stage 4: Organise the Law

Stage 5: Apply the law

5.1 Take each permutation of parties in turn

5.2 Take each cause of action in turn

5.3 Check each element of each cause of action against the facts

(i) Definite ‘yes’

(ii) Definitely ‘no’

(iii) ‘Maybe’

Example

Stage 6: Frame the issue

Example

Stage 7: Resolve the issue through interpretation

7.1 Identify the cause of your uncertainty

7.2 Outline the ways a court might resolve the uncertainty

7.3 Reach a tentative conclusion

Example

Stage 8: Write your answer

8.1 Do not restate the facts

(i) General rule

(ii) Qualifications to the general rule

8.2 Structure your answer

8.3 Make your answer comprehensive

Avoid common errors

Do not get bogged down on an issue

Do not rush to judgment

Do not avoid issues

Do not mistake law for justice

Illustration

Question

Answer

References