ABSTRACT

Problem questions are vignettes – scenes set out for you to jump into and legal problems for you to diagnose. They are a form of role play and can be quite fun if you approach them in the correct way. They are similar to essay answers in some ways; however, they are designed to test different skills. Problem questions focus on a student’s ability to diagnose the legal problem, to apply the law to the facts in the problem and to provide accurate advice on the likely chances of success if a case were to be taken further. They also test the ability to argue competing precedents, by arguing cases for and against the party to be advised. They consider how well a student can provide alternative courses of action to the client and identify issues that may need further investigation before full advice can be given. This chapter will take a scenario that is public law-based, and follow it through the process.