28. Appendix I

28.4. Problem Questions

Problem questions generally present a scenario or set of facts and ask for analysis, perhaps drafted as advice to a client.  The question should be reviewed carefully, and the significant facts and issues raised by the fact pattern should be identified.  The facts should be analysed with reference to the relevant rules of law.  Any relevant information that has not been supplied in the question should be noted, with an explanation of its importance.  Any assumptions made in lieu of explicit information should also be stated.

 

Depending on what is requested, it may be appropriate to offer advice to the parties.  The advice or analysis should endeavour to be even-handed and consider different aspects of the problem and should be supported with reference to relevant legal rules or principles.  In general, the structure of the answer should reflect the logical sequence suggested by the fact pattern.


Updated: 19/09/2024