ANSWERING A LEGAL PROBLEM: THE ‘FIVE STEP’ PLAN
WHAT YOU NEED:
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KEY FACTS

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RELEVANT ISSUES

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KEY LEGAL PRINCIPLES

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APPLICATION OF THE LAW TO THE FACTS

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TENTATIVE CONCLUSION

WHAT TO DO:

1) Identify KEY FACTS of the problem
Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts.
2) Identify RELEVANT ISSUE of the problem
From the key facts, you should then be able to identify the relevant issues in the problem you are considering.
3) Identify KEY LEGAL PRINCIPLES
Once you have worked out the issues, ask:
(a) does a statutory provision apply to this situation and, if so, does it provide a specific answer to the problem?

AND
(b) are there any cases which have dealt with a similar fact situation/legal issue to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer.
Note similarities to (follow) or differences from (distinguish) prior cases
When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts/legal issues were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case.
Think about whether any factual differences matter.

Whether or not any

differences matter will depend on the scope of the legal principle that the relevant

case stands for. It is important to note any factual differences from previous cases and to state whether or not you consider that the differences matter to your problem. 4) APPLY THE LAW TO THE FACTS
This is the key aspect of answering a legal problem question.
This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their interpretation, and before you draw a conclusion. This step involves saying what the legal principles you have identified mean to the facts of your problem and what the effect of these legal principles will be on the rights and obligations of the parties in your problem. This is the key part of the process of reasoning that leads to a conclusion both in a legal problem question and in an actual court case.
5) Reach a TENTATIVE CONCLUSION based on the application of the statutory provisions and/or case law principles to the facts
In your answers you will generally need to reach a definite conclusion. More important than the conclusion you reach however, is the process of reasoning that led you to that conclusion.
The fact that a subsequent court can overrule the decision of a previous court demonstrates that there is no absolutely correct answer to legal problem questions.
You will receive more marks for your process of reasoning than you will for getting what is considered at the time to be the ‘correct’ answer.
Remember: in your discussion/answer, you must include references to relevant statutory provisions (legislation name and, where possible, section numbers) and case names.

WHAT NOT TO DO:
When answering questions, either for a tutorial or for the assignment or in an exam, DO NOT:
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restate the facts of a question;

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copy your notes, the text etc without explaining their relevance;

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make emotional statements;

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provide non-legal material (instead make sure you include the “relevant” law);

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address issues that are not raised in the question asked;

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provide a conclusion which is not supported by legal argument;

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forget to provide references where required (in other words, do not plagiarize)

FINALLY, ALWAYS REVIEW YOUR ANSWERS!
Once you have written your answer, you should review it carefully in order to avoid being penalised. Appropriate expression, tone and formatting are important to legal writing. Use plain English and not slang or text language. Prior to printing out your assignment for the last time, read it carefully, and then read it out aloud to ensure it flows and makes sense. A proper review includes careful checking of the:
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spelling, grammar & formatting;

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argument flow (including structure and coherency);

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bibliography; and

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footnotes.