Answering a Legal Problem: The Five-Step Plan
ANSWERING A LEGAL PROBLEM: THE ‘FIVE STEP’ PLAN
WHAT YOU NEED:
KEY FACTS
RELEVANT ISSUES
KEY LEGAL PRINCIPLES
APPLICATION OF THE LAW TO THE FACTS
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
WHAT YOU NEED:
KEY FACTS
RELEVANT ISSUES
KEY LEGAL PRINCIPLES
APPLICATION OF THE LAW TO THE FACTS
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