ABSTRACT
Problem questions are vignettes – scenes set out for you 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 case for the party to be advised. They consider how well a student can provide alternative courses of action to the client and to 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.
