Simplified Ways To Answer Law Questions by Omolasoye R. Adebowale

Answering Law Questions 

It is trite that every question has its own peculiar style/format of answering. If you ask someone “Why are you in AAUA?” You don’t expect him/her to start saying “I gained admission on 5th of Feb… I did my matriculation some months after…” Why? Because that does not answer the question.

Many at times, students, after writing their exams boast in the following words: “ Ọmọ! I finished that question. As in, mo fọ lẹ́nu…” but on seeing their results, they end up having a ‘C’. This may be because they failed to approach the question properly and in the right manner.

According to Dr Akhigbe:

In Law, knowing what to write and knowing how to write them are two different things…

To this end, we’ll be considering the various types and forms/shapes of questions in Law and how best to answer them.

Types Of Questions In Law

There are two (2) major types of questions in Law. They are:

1. SCENARIO-BASED/PROBLEM QUESTIONS
2. NON-SCENARIO-BASED QUESTIONS/ESSAY QUESTIONS 

Scenerio-Based/Problem Questions 

These are questions that come in the format of a story, case or scenario. They are hypothetical questions. They are also called problem questions because they are not direct.

They are questions of facts or case study which are used to test your ability to identify cases. In such questions, you are obliged to read the words sentence by sentence and understand them. The reason for this is for easy identification of the main gist, idea or topic of the scenario.

It should be had as a backdrop that this type of question is the most simplest and ideally the most easiest to answer in Law. They save you time as you need not expend much time thereon. All you need do is to identify what in the exact sense the scenario centers around and how well to go about it, which we shall be discussing hereunder.

Answering this type of question does not rule out your possibility of bagging the whole marks allotted to it. In other words, this kind of question can fetch you the whole marks (17½). It is not impossible.

Also Read: Prenuptial Agreements: Understanding the Meaning and Importance of Prenups In The Nigerian Legal Context

Formula For Answering Scenerio-Based Questions 

The Formula for solving or answering this kind of question is IRAC

I— Issue: The first step towards answering a scenario-based question is to identify the issue(s). It could be in this format:

• Whether or not there was an acceptance moving from Mr Tope to Mrs Sola.

• Whether Mr Ajayi is liable in tort for the negligent act done to Mr Seyi.

It should be noted that the issue(s) must be in relation to the scenario and not outside same. You can also have more than one (1) issue in a scenario question.

R— Rule/Principle: This is the general rule or principle of law in relation to a particular legal notion to which the issue relates. It is at this point/stage that you cite statutory and/or judicial authorities in support of the general rule of law.

It could be in this format:

“The general rule of law is that for a contract to be valid, it must consist of some legal elements including offer, acceptance, consideration, etc. This was the position of the Court in  the case of (state the case here), where the Supreme Court (depending on the hierarchy of the Court that gave judgment) held that… ”

Remember it is at this stage that you cite judicial and/or statutory authorities to buttress the rule.

A— Application: At this point, you link or in other words, relate the cases or authorities cited with the facts or scenario given in addressing the issue. Put simply, you apply the general rule to the issue.

It could be in the format below:

“In applying the above rule to the issue and from the decisions of the courts in the above cited cases, it is evident that in this case/scenario, there has been no offer capable of being accepted by Mr Adebowale. All that happened was a mere invitation to treat and not an offer which suffices it to say that there was no valid contract between Mrs Ayokunmi and Mr Adebowale. ”

If there is/are any exception(s) to the general rule, you may state the exception(s) at this stage.

C— Conclusion: Having applied the rule to the issue(s) in the scenario, you then go on to conclude. Conclusion is your view, what you think is the remedy or the way forward to the situation and for the parties in the scenario.

Usually, scenario-based questions end with the clause “Advise the parties”. This is enough in some circumstances to give you a tip of the kind of question you are posed with. It is at the conclusion stage that you advise the parties – speaking as though you are a judge/a lawyer advising his client. It can be by way of suggestion or opinion.

Your conclusion could be in the format below:

“In view of the foregoing, it is my advice that Mr Adebowale continue by seeking remedy in the Court of Law as his legal rights have been infringed upon.”

N.B: Scenario-based questions do not need much ado or long writing. The simple logic is that you follow strictly the format for answering the question and go straight to the point.

Also Read: SPA Ajibade & Co's World Intellectual Property Day Essay Competition 2023

Non-Scenerio-Based Questions/Essay Questions 

They are direct questions which can be discussed. Examples of such question include the following:

• Critically examine the adversarial and inquisitorial methods of fact-finding. Which of them do you prefer?

• With the aid of decided cases, critically comment on the following rules of interpretation…”

• Discuss/Explain the value of customary law as a source of Nigerian Law.

N.B: The above highlighted words identify the questions as non-scenario-based or essay questions.

Steps To Answering Non-Scenerio-Based/Essay Questions 

The steps or format for answering non-scenario-based or essay questions is IPEC:

I— Introduction: Introduce the main idea of the question. At this stage, you define the concept(s) of the question. You give an historical or definitional analysis of the concept.

P— Principle: State and explain the principle(s) relating to the question. It is in this part of the answer that you demonstrate your understanding of the question and knowledge of the subject matter. At this stage, you cite judicial and/or statutory authorities in support of your answer. Majorly, what distinguishes an ‘A’ student from a ‘C’ student is the fact that an ‘A’ student cites as many as possible authorities in this section of the answer. He exhausts his arsenal here.

E— Exception: State the exception(s) to the concept (if any).

C— Conclusion: There are two (2) major ways you can conclude:

(1) By summarizing all that you’ve written; OR

(2) By giving a recommendation, comment or opinion.

It could be in the format below:

“In view of the foregoing/ In the light of this argument, my opinion is that… because….”

Forms/Shapes Of Questions 

(1) Linear Questions:  They are direct questions. e.g “What are the features of customary law?”

(2) 2 in 1/ 3 in 1 Questions: They are questions wherein you have 2 or more concepts or issues to talk on. This kind of question can come in the following format:

• Compare and contrast…

• Discuss the problems caused by lack of State Police in the practice of true Federalism and the way forward for Mr President.

• Explain the role of Land Use Act and advise the committee under the Act.

• Critically examine the characteristics/features of contractual terms and their legal implications.

In this kind of question, attempting one part of the question without the other(s) is suicidal as it would limit your score to just that one answered. Therefore, be mindful to answer all the parts.

 (3) Case Analysis Questions: e.g Discuss the relevance of “Owonyin v. Omotoso”.

In answering this question, you state the following:

—Issues (in the case)

—Facts: State the Facts of the case.

—Decision: State the decision/judgment of the court in the case.

—Relevance of the case to the features/characteristics of customary law.

(4) Opinion Questions: It is a question whereby you are asked to give or state your opinion as regards a particular legal concept. e.g:

“With the aid of judicial and statutory authorities and with copious examples, discuss what you understand by unconstitutional change in government.”

Also, worthy of note is that questions that end with “Do you agree?” “What is your opinion?” are Opinion questions.

NOTE THE FOLLOWING:

• Most law questions require legal authorities:

—Statutory authorities

—Judicial authorities

• When a question is direct, i.e (a non-scenario-based question), one is expected to expend/give all available points.

BASIC TIPS ON HOW TO COMMIT CASES TO MEMORY

• Taking judicial notice of cases.

• Going over cases.

• Making fun of cases; don’t be too rigid studying cases. Bring up conversations with your friends on issues and relate them with cases. Make fun of them!

These can help you in mastering cases.

About The Writer 

Adebowale Raphael Omolasoye is an award-winning Nigerian poet and writer. He is an undergraduate of Adekunle Ajasin University, Akungba Akoko, Ondo State, where he studies Law. He was placed the winner of World of Poets' Writing Contest (3rd edition, 2022). His work, "The Polity's Kind(le)red" was placed top at the Adesomoju Samuel SAMPRAISE poetry competition, 2022. His work "Sail to the Bar" made the shortlist and was published in the Brigitte Poirson Poetry Contest (BPPC) June-July 2022 anthology. He is a teacher of Literature, English Language and Government at the Secondary School level. He is a passionate writer, an enthusiastic teacher and a stern reader.