HOW TO WRITE EXAM QUESTION

An advice to students for writing a well structured answer

Essays & Problems
There are two types of questions that usually appear in exam paper, Essay questions and Problem
Questions. They are quite different. Essays require you to analyse critically a particular area of the
law and, often, consider what the law ought to be as well as what it is. Problems simply require you to
apply the law as it is to a hypothetical set of facts. Following are a few advice on answering the exam
questions.
Problems
Problems are quite different to essays. Whereas with essays you are asked to state what the law is and
then provide some form of assessment of its rights and wrongs, problem questions require you to state
what the law is, or how it might be interpreted, by applying it to a given set of facts.
Problem questions usually consist of a fairly complex set of hypothetical facts in relation to which
you are asked either to advise certain of the parties or discuss what offences may have been
committed or liability incurred. The facts are usually quite improbable in that they will raise several
legal issues whereas, in reality, cases usually boil down to one or two issues at most.
The skill in answering problem questions is to spot the legal issues to which the facts give rise and
then indicate how a court is likely to resolve them on the basis of the existing law. Needless to say,
problem questions cannot be answered without a clear understanding of the relevant areas of law. If
you add to this the fact that problem questions can cut across several different topics on a particular
question, you can begin to see why problems are viewed by many as the best way of assessing
whether a student has a real understanding for the law. There is no way of acquiring the skill other
than through practice.
What you should try to do:
1) Try and read the question first and only then the sets of facts. In this way you can keep
the question in the back of your mind when you read the text. This should help you remain
more focused on answering the question.
2) You are strongly advised to highlight/underline key words/key sentences (we shall
practice this in the workshop) on the text when you read the problem the first/second time.
3) Make sure you identify the players (i.e. the various people/companies involved in the
transactions) and make a list of these players.
4) Visualise the problem. Draw a diagram/table/tree etc. or whatever necessary so it would
be clearer for you to see the various players and more important, the various connections
and links between people and/or companies. For example, some players may have more
than one capacity (both a shareholder/director) etc.
5) Make sure you answer the question asked and only the questions asked. Remain focused
in your answer. Always ask yourself: is what Im writing relevant to answering the question?
If not, it shouldnt be there!
6) When answering problems, you have to adopt a well-structured approach: use headings
and numbered paragraphs to divide up your answer into the separate issues and sub-issues
which are raised by the facts.
Recommended time: planning - up to 30%-40% /writing up: 60%-70%
There is no set structure for answering a problem question. Sometimes it is better to write an
introduction and highlight the issues and advice each party separately. In other cases you can
List down the main issues in your introduction and discuss the sub issues revolving the main
issues in the subsequent paragraph. For example- Main issue could be whether Mervin has
right to bring an action for damages. The sub issues could be whether there is a breach,
whether there was a binding contract etc
In case of company law an issue could arrive whether a shareholder has right to bring an
action for minority protection. Sub issues could be whether derivative claim under S 260 of
the Companies Act 2006 is tenable. Always remember to link your case laws with the facts of
the question. Do not just pour information on the paper!
2. Essays type questions
Planning
Planning is essential and you should ensure that you leave enough time to do it properly. Some
students are paralysed at the point when they come to write, often because they have not been
thinking about the demands of the question while reading the question. It is a good idea to keep a
sheet of paper on which you should record thoughts and ideas relevant to the question. These jottings
do not need to be elaborate, but making them will assist you in shaping your answer.
Writing
An answer should demonstrate your ability to do the following:
describe a topic
analyse a topic
Analysing a topic can involve one or more of the following:
explanation
criticism
comparison
In the process of analysing, you will demonstrate your ability to
formulate an argument
substantiate or justify an argument by further argument, evidence, citation of respected
sources, case law etc.
pursue a number of analytic themes or arguments throughout the answer, coming to a well-
grounded conclusion at the end
Think very carefully about the precise wording of the question
Ensure you understand and keep to the area of law/policy required by the particular question. If the
question directs you to, for example, 'critically evaluate' an area, show clearly in your answer that you
are attempting to do what is asked.
Do you need to define/explain terms used in the question? Does the question contain
opinions/assumptions that are open to debate?
Where does your own, special, contribution come in?
Your individual contribution is to demonstrate your ability to formulate arguments, to evaluate them
and come to a conclusion. Your guiding principle here should be clarity. You should make your case
explicit and providing signposts to your argument. Aristotle helps us here: A speech has two parts.
You must state your case and prove it. You cannot either state your case and omit to prove it, or prove
it, without having first stated it; since any proof must be a proof of something, and the only use of a
preliminary statement is the proof that follows it.
Structure
An answer should have a structure. At a minimum this structure will comprise:
An introduction which has a number of functions. It can be used to identify the issues which the
question raises. Where opinion is divided - and it usually is - the introduction also provides an
opportunity to evaluate the arguments, albeit in a preliminary fashion. This evaluation should help
you to signpost your own approach; in other words, to establish an analytical strategy. The type of
strategy you adopt will depend on the kind of question you are asked but it often helps to break the
question down into a series of sub-questions, each of which can be addressed in a separate paragraph.
A middle section - containing the description and development of the arguments.
An end otherwise known as a conclusion - containing a very brief resume of the content of your
answer and/or a statement of the argument(s) you set out to make and how you have made them.
Your answer should be clearly organised into paragraphs. Each paragraph should have an argument
that is somehow related to the main question; if it does not, it should be eliminated. The argument of
the paragraph (its proposition) should be announced in the first sentence of the paragraph (the topic
sentence). The sentences which follow should prove the proposition by means of evidence. It is also
legitimate to use the topic sentence to introduce a question or state a problematic provided that (i) it is
related to the main question; (ii) the paragraph addresses that question/problematic, and sticks to it,
and (iii) your answer to the problematic is clear by the end of the paragraph. You should not drift
from the subject matter announced in the topic sentence.
It should be possible for the reader to make sense of your answer by reading the first and last
sentences of each paragraph. Test for yourself.
Some students have difficulty linking their paragraphs. Much depends on whether you have
successfully identified an analytical strategy at the outset. If you have done this well, you will already
have given the reader the necessary signposts to the argument, so that s/he will know where each unit
stands in relation to the whole. But there are other devices for linking material. One is by means of a
brief summary of the argument so far, pulling the strands together, and indicating the thus far
unanswered questions. Another is by providing a numbered sequence of points, e.g. There are three
reasons for this... then list them in summary form...then devote a paragraph to each. Numbered
sequences can also be used to organise materials within paragraphs.
Another common source of difficulty lies in the use of evidence, which, in legal terms, means cases
and statutes and not the opinions of writers. The latter can certainly be called upon in support of your
argument but even the opinions of writers must be based on evidence. When writing your answer do
not fall into the trap of identifying which area of the law the question relates to and turning it into
everything I know about...- in which you provide (no doubt accurate) summaries of the cases you
have just read but no real argument. The evidence should be made to fit the argument you have
constructed before you put pen to paper.
Some general observations on style (for both problems and essays)
1) When answering essay type questions (to open-ended questions) or answering problems it is
helpful to underline the names of cases, when cited. You do not need to cite the case in full; a
reasonably identifiable abbreviation will do, e.g. R v Home Secretary ex parte Bentley can be cited as
ex p. Bentley or Entick v Carrington as Entick. You do not need to use a ruler or otherwise be too
precise when underlining; a freehand stroke will be fine.
2) Some abbreviations are entirely acceptable: J. for Mr. Justice, LJ for Lord Justice. Others can be
used if you indicate what they are on the first occasion they are used: e.g. Companies Act 1985 (CA
1985).
3) You do not need to cite the reference for cases or the year, though if chronology is important
(because one case has overruled/distinguished another) you should ensure that you get cases in
the right order.
I hope these hints are helpful. Remember, few can hope to achieve all these things in one short
answer, but if you PRACTICE THIS and aim for quite a few of them and achieve some of them,
you will be doing well.