TIPS ON

ANSWERING
LAW QUESTIONS
 http://studyinglaw.co.uk/answering-problem-essay-questions-study-tips-33/
 http://sydney.edu.au/law/learning_teaching/legal_writing/problem_question_answ
er.shtml
 http://www.lawnerds.com/guide/exam.html
 ESSAY Q PROBLEMATIC Q

INTRODUCTION ISSUE

LAW

CONTENTS
APPLICATION

CONCLUSION CONCLUSION
 Usual mistakes/problems
 Wrote too little  Failed to make a strong
 Bad grammar/ wrong statement/ point to focus
choice of words  Answers for essay type
question is not direct –
 No elaborations/ need to be philosophical
examples for each
 Not supported with own
points opinion/ suggestion
 Points not supported  Not answering the
with relevant authorities question – scope too
 Bad structure of answer narrow/ big
– not in a logical order
Answering essay type questions

• Read the question, identify the action words

Knowledge To recall List, state, define

information
Comprehension Understanding Describe,
the information discuss, explain

Application Solve problems Apply, advise,

solve, discuss
Analysis Organize, Analyse,
identify compare and
contrast
 Introduction

•Define Elaborate

and
•Brief history
give example
•Explain concept

*2-3 lines
*give own example
*1-2 marks
 Example
• Question: Discuss the extent of application of the Chinese
customary laws after the introduction of the Law Reform (Marriage
and Divorce) Act, 1976.

• Introduction- Brief history:

• During British occupation, their policy is to leave internal affairs of
Chinese society in their own hands as far as possible where
headmen (Kapitan China) were appointed as middle man between
government & Chinese community. Thus Chinese people are free to
practise their own custom such as polygamous marriage, adoption
and inheritance. However later, Chinese customs were restricted in
its application whereby English law had replaced it by way of British
judges administering chinese customs in court according to their
own interpretation, and development of statute law which
restricted the application of chinese customs.
 Contents/ main discussion

 Based on the statement (if any) in the question

 Find keywords
 Make points/ statements and support with relevant
authorities
 Separate each points by paragraphs
 Good structure – logical order
 Example
“That provision (section 3(1) of the Civil Law Act, 1956) was
legislated by the British one year before the then Malaya obtained
her independence and remains the law of this country for half a
century now. Whatever our personal views about it, it is the law
and no court can ignore it.”
Per Abdul Hamid Mohamad, HMP in Majlis Perbandaran Ampang
Jaya v Steven Phoa & 81
others [2006] MYFC 4.
In light of the above statement, discuss the extent of the
application of English law under Section 3(1) of Civil Law Act, 1956.

• Your argument- agree or not with the statement

 Contents/ main discussion

How to explain authorities?

 Try to summarise articles/ sections/ provisions

 Use your own words
 Summarise cases – explain detailed facts only when it is
relevant to the question
 Focus on principle/ ratio of the case

 Example: how to quote Article 74 FC

 Example
• Question: Discuss the legislative power of the Parliament and
State Legislative Assembly.

• Content:
• The Parliament and State Legislative Assembly each have their
own legislative powers, which are listed in the Federal
Constitution. According to Article 74 of the Federal
Constitution, the Parliament legislative powers are listed in
List I or Federal List of the Ninth Schedule, which are
………………………..Meanwhile, SLA legislative powers are listed
in List II or State List of the same schedule, which
are…………….. (summarize)
 Contents/ main discussion

Additional points:

 Relate with past/ current situation – politics, news, recent case

 Criticise / give opinion/ suggestion

E.g:
Q: Is the judiciary in Malaysia independent?
A: It is submitted that the judiciary in Malaysia is not independent.
This can be proven with the 1988 judicial crisis, the dismissal of Tun
Salleh Abbas….
Criticise and give suggestion on how to improve the judiciary system.
 Conclusion

 Suggestion/ opinion regarding the statement

 DO NOT just repeat the question and turn it into a
statement as a conclusion.

E.g- wrong:
As a conclusion, the judiciary in Malaysia is not
independent/ I agree with the fact that the judiciary in
Malaysia is not independent.
 Always…..

Use clear sentences

Organise paragraphs
Good structure – logical order
 How do I answer a problematic
question?
QUICK TIPS
• Plan your answer – jot down the issues

• Use headings

• Note what the question asks you

• Raise all the issues, even if they seem unimportant or can be quickly dismissed as not

applicable. Weight the issues by importance

• Summarise but don’t repeat the facts, and only when necessary to let the reader know

which issue you are addressing

• Cite case authorities for principles of law and refer to relevant statutory provisions

• Don’t go into all the legal principles or cases in detail unless relevant to solve the issue
 Read the question

•Find information from the facts

•Do you completely understand the facts?
•Is any facts missing?
•Can you assume the facts?
•Do the facts resemble a decided case?
 Example
Question:
Ah Meng and Mei Mei migrated to Malaysia during
British era. They got married and had three daughters.
Unhappy with the fact that they did not have son, Ah
Meng contracted into another marriage in 1982.
Unfortunately, all children with the second wife are also
girls.
Ah Chong wanted to know the validity of his second
marriage and the status of his second wife and their
daughters. Advise Ah Chong accordingly.
Ah Meng and Mei Mei migrated to Malaysia during British era. They got married
and had three daughters.
Assume marriage done according to chinese custom- status is valid, wife valid
wife and daughters- legitimate.

Unhappy with the fact that they did not have son, Ah Meng contracted into
another marriage in 1982.
Whether marriage was contracted before or after 1 March 1982? Whether it
was done according to chinese custom or Law Reform Act 1976? What if
marriage was not registered according to LRA? The effect?

Unfortunately, all children with the second wife are also girls.
Whether status of daughters are legitimate?

Ah Chong wanted to know the validity of his second marriage and the status of his
second wife and their daughters.
Advise Ah Chong accordingly.
 Read again!
•What does the Q asks you to do?
•Advice A
•Advice A, B and C
•Advice all parties generally

•If the facts are already clear, no need to discuss its validity.
E.g: Ali and Abu entered into a valid contract.
•No need to discuss elements of a valid contract.
 Advise the parties
• If the Q asks you to advise the parties, DO NOT answer as
if you are giving the decision.

• How will the court determine the issue?

• How the law might apply in this situation?
 Who are the parties?
•Who has a claim against whom?

•Who is the plaintiff, who is the defendant?

 What are the possible causes of
action/claim/defence?
•E.g:
•trespass to land
•Breach of contract
•Defence of consent

•List down all possible claims even though it may not be

successful. Then, decide which claim is the strongest and
focus on that more.
 What are the elements for each
action/claim/defence?
•List down the elements and supporting authorities- provisions,
cases, etc.

•E.g - Elements of negligence:

•Duty of care
•Breach of duty
•Causation
•Remoteness of damage

•*elements of a crime under Penal Code- the main authority-

statutory provisions comes before cases
 Are the elements satisfied?

•Apply the law, element by element, to each set of facts and

conclude whether each is satisfied (yes, no or maybe).

•Even if there is an obvious yes or no answer to one element,

explain or state it briefly.

•If the answer is ‘maybe’, an issue arises which will require

interpretation of the law and/or the facts.

•If the facts are unclear, you may assume and argue on the
authority based on your assumption.
 ISSUE: What are the issues?

•Be specific!
•E.g:
•Whether Ah Meng’s marriage is valid?
•Whether Ah Meng’s second marriage is valid, due to the
fact that it was not registered in accordance with the Law
Reform (Marriage and divorce) Act 1976?

•Use diagrams/mind maps/brainstorming to visualise the

issues
 ISSUE: What are the issues?

• Organise your main issues – sub issues

•E.g:
•Whether Ah Meng’s second marriage is valid, due to the
fact that it was not registered in accordance with the Law
Reform (Marriage and divorce) Act 1976? (MAIN ISSUE)
•Whether Ah Meng’s second wife is is considered his valid
wife/ whether Ah Meng’s three daughters out of his
second marriage are his legitimate daughters? (SUB
ISSUES)

•Include the name of parties, relevant facts, and the

relevant law in your issue.
LAW: What is the law relevant to
the issues?
•Cite principles of law that are relevant to the issues
•Provisions: articles, sections, rules, etc.
•Cases

•Identify those principles that are settled and those that are
uncertain.
•E.g:
•‘It is settled law that …’ or ‘It is well accepted that…’
•‘The law relating to…issue…remains unsettled/uncertain’ or
‘There are conflicting authorities as to whether ….’
 APPLICATION: Apply the law to the facts
•Most important and longest paragraph
•Make use of the facts, but avoid repetition!

•E.g: Issue - Whether Ah Meng’s second marriage is valid?

• Using the facts of the case, explain whether or not the second marriage
fulfills the requirements of a valid marriage under LRA 1976:
•“In this case, the facts merely stated that the second marriage was
contracted in 1982 and was silent on whether it was done according to
custom or whether it was registered according to LRA. Assuming that the
second marriage was not registered, the effect is that it is not valid since
Section 5 of LRA prohibits polygamous marriage between Chinese after
the appointed date of 1 March 1982.”

• Argue on which principle/section/decision should be followed and why

•To apply or to distinguish?
•DO NOT simply give answer without stating the reason!
•E.g:
•Applying the law in the present case, Ah Meng’s marriage
is void.
•Applying Section 5 of the LRA 1976 in the present case,
Ah Meng’s second marriage will be void since he
contracted another marriage while his first marriage is still
subsisting.
 CONCLUSION
•Give opinion as to the likely result – advise client as to
his best argument to win the case

•You are NOT the judge – do not be too certain in your

conclusion
•Might be liable
•Will be liable
•Should not be liable

•If there is more than one issue, there should be one

conclusion for each issue and one conclusion for the
whole.
 Writing in the third person
 If asked to give advice, write in third person
E.g.: ‘Bob will have an action for trespass/breach of
contract if…’
or
‘It is submitted that…’

 DO NOT use the word ‘I think…’ or ‘In my opinion…..’

 Level of detail/explanation

• Assume that the examiner/reader is a lawyer,

but one without detailed knowledge of the
area of law under consideration.
 Discussing facts

 Sufficient to refer to the facts as stated in the question. Do

not waste words simply rewriting the facts! Do not invent
additional facts/ make illogical assumptions!

 This is distinct from considering possible facts and their

different outcomes where there are insufficient/ vague
facts given in the question to enable you to come to a
conclusion

 Example?
 Use of authority: quotations and citations

• In written problem assignments, you should give full

references for your sources.

• In a handwritten exam, you should simply underline

case names and other sources for clarity, but full
references are not required.
DOs and DON'Ts of Exam Writing
DO...

 Do practice answering exam questions.

 Do outline your answer using about ten minutes for an hour-long
answer. (45 minutes per question- 3 HOURS, 15 minutes reading time)
 Do jump right into the analysis of the major issues.
 Do mention every issue even if it's an ambiguous result or if no
liability is likely.
 Do use every fact as proof or disproof of the validity of a rule/law.
 Do pay attention to the main focus of the question.
 Do state assumptions you've made to vague facts.
 Do write legibly.
DON'T...

 Don't restate the facts of the problem.

 Don't answer issues that the question doesn't ask about.
 Don't waste time on your outline making it look pretty. You
don't get credit for an outline.
 Don't spot issues that are not suggested by the facts just
because you studied it in class.
Any questions??