ELKS L10 Writing skills: Problem Qs Dr Ebba Lekvall 14/10/25

Introduction to Problem Questions

In this session, Bev introduces the topic of problem questions, positing them as an essential and highly practical type of assignment specifically designed for first-year law students. Building upon earlier lessons, she skillfully revisits previous theoretical concepts related to academic essay writing, setting the foundational stage. The goal is to distinctly understand how problem questions fundamentally differ from essays, emphasizing why grasping this distinction is crucial for effective legal analysis. Eva, another experienced lecturer, subsequently joins the session to lead the in-depth discussion and practical exercises focused on mastering problem questions.

Differences Between Problem Questions and Essays

Key Concepts
  1. Problem Questions vs. Essays
    • A problem question poses a detailed hypothetical legal scenario that directly requires a student's legal analysis and the formulation of professional legal advice for a client.
    • In contrast, an essay presents a broader statement or overarching question that necessitates extensive exploration, critical discussion, and the construction of a well-supported, structured argument based on research.
Characteristics of Essays
  • In essays, students are required to take a specific position on a given statement or question, meticulously undertaking in-depth research to form and substantiate a clear argument.
  • There might not be a single definitive right or wrong answer, but the argument constructed must be robustly backed by credible evidence and logical reasoning.
Characteristics of Problem Questions
  • Problem questions present a specific legal scenario, typically involving multiple parties and events, where students must rigorously apply the IRAC (Issue, Rule, Application, Conclusion) methodology to systematically analyze the pertinent legal issues.
  • They explicitly require the precise identification of all relevant legal issues, the accurate explanation and application of applicable laws and legal principles, and a clear, reasoned conclusion on the likely legal outcomes or liabilities.

Understanding IRAC Framework

Purpose and Skills Developed Through Problem Questions
  • Identify Legal Issues: The primary and most crucial aim of problem questions is for students to demonstrate their ability to accurately identify and thoroughly analyze all relevant legal issues embedded within the provided factual scenarios.
  • Explain and Apply Law: Students must not only correctly explain the relevant legal principles and statutes but also apply them judiciously and specifically to the unique facts of the given scenario, arguing for the most probable outcome.
  • Legal Advice: Ultimately, the exercise requires students to formulate coherent and practical legal advice, much like a lawyer would address their clients' concerns, demonstrating an understanding of the client's position and potential remedies.
IRAC Structure Explained
  • I (Issue): This involves clearly pinpointing and articulating the specific legal questions or disputes that arise from the facts presented in the scenario. Often, these are framed as questions of law.
  • R (Rule): Identifying and stating the applicable laws, legal rules, statutes, and relevant case precedents that govern the identified issues. This section requires precision and accuracy in legal citation.
  • A (Application): This is the critical stage where the identified laws are systematically applied to the specific facts presented in the problem. It involves detailed analysis, often discussing how different interpretations might affect the outcome, much like legal reasoning in court.
  • C (Conclusion): Drawing a definitive and reasoned conclusion based on the thorough application of the law to the issues identified. The conclusion should provide a summary of the likely legal outcome, determining guilt, liability, or legality in the scenario, and often offering a prediction or advice.

Practical Application of IRAC

Example and Practice
  1. Simple Scenario: A pedagogical case where a student might earn money based on exam results is used for initial illustration.
    • Issue: How much money can the student legitimately expect to receive based on their performance in the exams?
    • Rule: The established rule is £10 for each exam successfully passed, with an additional bonus of £50 awarded specifically for passing all five exams.
    • Application: If the student successfully passes four exams, applying the stipulated rule produces £40 (i.e., 4 ext{ exams} imes £10/ ext{exam}).
    • Conclusion: Based on the application, the student will receive a total of £40. This simple example helps cement the basic operation of IRAC before moving to more complex legal problems.
Group Activity
  • Students engage in a collaborative group activity, pairing up to actively practice identifying issues, rules, applications, and conclusions in simplified legal scenarios provided. This hands-on exercise significantly reinforces their understanding of the IRAC framework through peer discussion and immediate application.

Bloom's Taxonomy and IRAC

  • There is a clear and direct connection between Bloom's Taxonomy of educational objectives and the IRAC structure, demonstrating how problem questions engage higher-order thinking skills. Students apply various levels of learning, from initial understanding to complex evaluation, while navigating intricate legal scenarios.
  • Analysis: This level is heavily engaged when identifying complex legal issues within a scenario and systematically applying relevant laws to diverse factual patterns.
  • Evaluation: Students engage in evaluation when critically assessing the law's overall relevance, the strength of its application, and the potential outcomes, ultimately leading to well-justified conclusions and legal advice.

Six Steps of Success in Problem Questions

Students are advised to follow a structured approach to maximize their chances of success:

  1. Analyze the Question: Thoroughly examine the prompt to determine precisely what legal questions are being asked, ensuring all aspects are considered.
  2. Identify Relevant Issues: Meticulously identify all key legal questions and sub-issues presented by the factual scenario.
  3. Decide and Justify Your Answer: Formulate a provisional conclusion and rigorously develop the legal rationale underpinning that conclusion.
  4. Plan Your Answer: Systematically organize all thoughts, identified issues, rules, applications, and conclusions into a logical structure before commencing writing.
  5. Draft the Answer: Write a comprehensive, well-structured, and articulate answer based meticulously on the established plan, adhering to legal writing conventions.
  6. Check Your Work: Review the drafted answer rigorously for accuracy, completeness, clarity, and adherence to legal principles and the IRAC structure.

IRAC Matrix as a Planning Tool

  • A practical grid structure, referred to as the IRAC Matrix, is introduced as an effective planning tool. It helps systematically categorize and manage the various aspects of the IRAC process, offering a clear visual aid for organizing complex legal information.
  • The matrix typically features columns dedicated to the main issue, any sub-issues, applicable rules, the specific applications of those rules to the facts, and the resultant conclusions.
  • Suggested practice includes color-coding different sections or elements within the matrix to further enhance visual clarity, aid information recall, and improve overall organization during the analytical process.

Conclusion

  • The session concludes by emphasizing the iterative nature of learning through problem questions, highlighting the immense value of constructive feedback received on assessed work. Students are strongly encouraged to practice using the IRAC methodology consistently across all tutorial sessions and self-study to build robust proficiency in applying the law to complex factual scenarios effectively and confidently.

Further Resources

  • Comprehensive guidance on the OSCOLA referencing system is readily available online to ensure proper academic citation.
  • Students can utilize drop-in sessions and schedule one-to-one librarian sessions for personalized support and assistance with legal research and critical analysis.

Questions and Wrap-Up

  • The session concludes with an open invitation for any remaining questions from the students and a kind reminder of the next scheduled meeting to continue their legal studies. Overall, this lecture provides a comprehensive and detailed overview for engaging with problem questions, thoroughly explaining the IRAC methodology, which is fundamental for aspiring legal professionals.