How to answer a law problem question: a step-by-step method

Problem questions give you a set of facts and ask you to advise someone. They test whether you can use the law, not just describe it. The good news is that a reliable method works for almost any subject, from contract to criminal law.

Step 1: Read the instruction first

Start with the last line. Advise Anna. Discuss the liability of each party. Advise Ben whether he has a claim and what remedies are available. That instruction tells you whose side you're on, how many parties you need to cover, and whether remedies are part of the answer.

Step 2: Map the issues before you write

Read the facts twice. On the second read, note every fact that could matter legally: dates, how something was communicated, what someone knew, what was said in writing. In a well-written problem question, almost every fact is there for a reason.

Turn your notes into a short list of issues in a logical order, usually chronological or claim by claim. That list is your plan.

Step 3: Answer each issue in four moves

For each issue, work through four moves. This structure is often called IRAC or ILAC.

1. Issue. State the precise legal question in one sentence. The issue is whether Anna's acceptance was effective when she posted it.
2. Rule. State the relevant law, with authority: a statute section or a leading case. Keep it focused on what you need for this issue.
3. Application. Apply the rule to the specific facts. This is where most of the marks are. Use the facts by name, explain why they meet or don't meet the rule, and deal with the strongest counter-argument.
4. Conclusion. Give a short, clear conclusion on that issue before moving to the next one.

Step 4: Finish with the outcome

Pull your conclusions together into advice that answers the instruction. If the question asks what someone can do, cover remedies or consequences, for example damages, an injunction, or whether a defence is likely to succeed.

A worked example

Facts (short version): On Monday, Ben writes to Anna offering to sell his car for £5,000. On Wednesday morning, Anna posts a letter accepting. On Wednesday afternoon, Ben posts a letter withdrawing his offer. Anna's acceptance arrives on Thursday, and Ben's withdrawal arrives on Friday. Advise Anna.

Issue. Was a contract formed before Ben withdrew his offer?

Rule. Where acceptance by post is reasonable, acceptance takes effect when the letter is posted, not when it arrives (Adams v Lindsell (1818)). A revocation, by contrast, only takes effect when it is actually communicated to the offeree (Byrne & Co v Van Tienhoven (1880)). The postal rule doesn't apply if the offer requires actual notice of acceptance (Holwell Securities v Hughes [1974]).

Application. Ben made his offer by letter, so it was reasonable for Anna to accept by post. Nothing suggests Ben demanded actual notice of acceptance, so the postal rule applies. Anna's acceptance took effect when she posted it on Wednesday morning. Ben's withdrawal had no effect until it reached Anna on Friday, by which time a contract already existed.

Conclusion. A binding contract was formed on Wednesday morning. If Ben refuses to sell, he is in breach, and Anna can claim damages for any loss, for example the extra cost of buying a similar car elsewhere.

How to manage your time in an exam

Good structure falls apart if you run out of time halfway through the second claim. A simple routine helps:

• Plan for about 15% of the time. For a one-hour question, that's around eight to ten minutes to read, map the issues and decide the order. It feels slow, but it saves time later.
• Split your writing time by weight. If one issue is clearly the heart of the question, give it the most time. Don't spend ten minutes on a point worth two marks.
• Keep five minutes at the end to check that every issue has a conclusion and that you've answered the actual instruction.
• If you're running out of time, finish with short, clear bullet points covering the remaining issues, rule and likely outcome. A brief, structured answer earns far more than a blank page.

How to use cases and statutes well

Authority is what turns an opinion into legal analysis, but only if you use it properly:

• State the principle, not the story. Examiners want the rule a case decided, in one sentence, not a summary of its facts.
• One leading authority per point is usually enough. Choose the case that best supports the rule, rather than listing every case you remember.
• Compare facts when it matters. If the facts in the question are close to a decided case, say so. If they are different in an important way, explain why the case can be distinguished.
• Be precise with statutes. Give the section number and apply its wording to the facts, especially where the statute sets out a list of conditions.

Problem questions in coursework

The method is the same in assessed coursework, but the expectations rise. You'll have time to research properly, so markers expect deeper analysis, academic commentary where it helps, accurate footnotes in the citation style your course uses (often OSCOLA in the UK), and a tighter word count. Plan the structure first, then research to fill it, rather than the other way round.

Coursework must be your own work. You can get feedback on a draft you've written, if your university allows it, but nobody else should write or rewrite it for you.

A checklist before you hand in

• Have I answered the instruction, for the right party?
• Does every issue have a rule, application and conclusion?
• Have I used the key facts, especially the awkward ones?
• Is every rule supported by an authority?
• Have I covered remedies or defences where the question asks for them?
• Is my final advice clear and easy to find?

The five most common mistakes

1. Writing an essay on the topic instead of advising the person in the question.
2. Stating the law without applying it. The rule paragraph earns some marks; the application earns most of them.
3. Ignoring awkward facts. If a fact points the other way, deal with it. The examiner put it there on purpose.
4. No conclusion. "It depends" isn't advice. Weigh it up and commit.
5. Missing remedies or defences when the question clearly asks for them.

Practise the method

The best way to get better at problem questions is to write timed answers and get specific feedback. Our feedback and marking service comments on answers you've written yourself, and our model answers are written to our own practice questions, never to your assessed work. See our academic integrity policy for how that works.

Frequently asked questions