Deck 11: Answering Problem Questions

Question 1

In the acronym 'IRAC', which ONE of the following is the meaning of the letter 'C'?

A) Case law.
B) Citation.
C) Conclusion.
D) Commentary.

Answer 1

C
Explanation: IRAC is a system of problem solving in which the letter 'C' stands for 'Conclusion'.

Question 2

'A problem question involves a summary of the facts from a decided case that is used as the basis for a discussion of the relevant law by the students.' Is this statement true or false?

Answer 2

False
Explanation: A problem question involves a set of hypothetical facts and requires the students to give legal advice to one or more of the parties.

Question 3

One of the most important aspects of problem solving is the application of the law to the facts, but which ONE of the following does this actually require?

A) The identification of specific pieces of legislation that are needed to answer the question.
B) Providing a concise summary, i.e. no more than two sentences, that outlines the facts of every case that is mentioned in your answer.
C) Identification of the situations in the set of facts that give rise to the need for legal advice.
D) Relating the law to a particular set of facts in order to determine whether the requirements of the law are satisfied.

Answer 3

D
Explanation: This is the definition of application of the law to the facts.

Question 4

Which ONE of the following does the question 'who does what to whom' help you to identify?

A) Issues, claims or problems.
B) Rules, principles, law and legal rules.
C) Application and evaluation.
D) Conclusion and outcome.

Question 5

'An answer to a problem question should contain an abstract statement of the law.' Is this statement true or false?

Question 6

The '_____?' technique is a useful means of filtering irrelevant material out of your answer and helping you to focus only on the central issues raised by the question.

Question 7

Which ONE of the following is an explanation of the phrase 'essay in disguise', which is a criticism that is often made of answers to problem questions?

A) An essay in disguise is an answer to a problem question that misses the main point of the question and instead focuses on peripheral or irrelevant material.
B) An essay in disguise is an answer to a problem question that overlooks the straightforward issues in favour of a focus on really complex issues.
C) An essay in disguise is an answer to a problem question that is very weak and full of errors, so that it requires so much feedback noting where it went wrong that the lecturer is compelled to write an essay about the answer's shortcomings.
D) An essay in disguise is a discussion of the law raised in the problem question that is so abstract from the facts and so detailed that it bears more resemblance to an essay than to an answer to a problem question.

Question 8

Which of the following might be described as 'lazy application'? Please select all that apply.

A) On the facts, it would seem that the defendant has satisfied the mens rea of murder.
B) It is clear that the defendant intended to kill or cause GBH to the victim, so has satisfied the mens rea of murder.
C) There is evidence to suggest that the defendant is guilty of murder because the requirements of the mens rea are satisfied.
D) The defendant killed the victim during an attack that he had planned over a period of one week, thus establishing that he intended to kill the victim and satisfying the mens rea of murder.

Question 9

Which ONE of the following describes 'speculative application'?

A) Speculative application describes an answer in which the student has considered how it would be affected if facts that are not included in the question were known.
B) Speculative application involves considering not only the facts that suggest that the requirements of the law will be satisfied, but also the opposing argument that the requirements of the law are not satisfied (or vice versa).
C) Speculative application describes an answer in which the student has misunderstood the law and has applied it to the facts incorrectly as a consequence.
D) Speculative application describes an answer in which the student has left out an important issue and has reached a conclusion on the basis of incomplete information.

Question 10

It is important that you always ______ provided with the problem question, because doing so should help to ensure that you cover all of the relevant points and do not include any irrelevant material.

Question 11

Should you always reach a definite conclusion at the end of your answer?

A) Yes, it is important to reach a firm conclusion on all of the issues raised by the question.
B) No, it is the discussion of the law in the body of the answer that is important.
C) No, it is not always possible to reach a definite conclusion. It may be that the law is not definite on a particular point or that the question provides insufficient information for you to reach a definite conclusion.
D) Yes, you will lose marks if you do not reach a definite conclusion, because this means that you have not understood the law.

Question 12

'You should always provide a short summary of the facts of any cases referred to in your answer to a problem question.' Is this statement true or false?

Question 13

In the sample question provided in Chapter 15, which ONE of the following facts would you use from the question to establish that Betty was a lawful visitor and not a trespasser?

A) She paid for a ticket to enter the activity centre.
B) She did not break into the premises.
C) She did not know who the owner was, so she presumed that it was not reasonable for her to seek permission to enter.
D) She was an employee.

Question 14

In the sample question provided in Chapter 15, which ONE of the following individuals has failed to observe the warning notices?

A) Betty.
B) Camilla.
C) Brian.
D) Gladys.

Question 15

In the sample question provided in Chapter 15, which ONE of the following individuals, other than Brian, may be responsible for Betty's injuries?

A) Betty: she should have taken more care.
B) Gladys: she was distracting Betty with her chatter about horses.
C) Camilla: her screams when she was injured made Betty jump.
D) Andy: he installed the urn, despite his lack of experience with electrical fitting.