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Contents
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
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
(i) In practice
(ii) In problem questions
Example
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
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
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
Do not get bogged down on an issue
Do not rush to judgment
Do not avoid issues
Do not mistake law for justice
Question
Answer
