6.1 Introduction

One of the most common forms of assessment in law school is legal problem-solving. In very general terms, this task usually involves giving students a hypothetical factual scenario to which they must apply the law and reach a conclusion about the legal position of a person described in the scenario. This application of the law to a factual scenario is a core part of legal work, whether it takes the form of advising clients of their legal liabilities and rights, making submissions to a court or writing judgments as a judge. The ‘problem to be solved’ in these situations is the question ‘How does the law apply to this particular situation?’

This chapter is intended to help students understand what is involved in legal problem-solving. In particular, this chapter will:

• explain what legal problems are, both in legal practice and in law school, to give you a clearer sense of what the task of ‘solving’ them can involve
• give you an overview of the main tasks most commonly performed in solving legal problems in law school
• provide various tips and warnings to help you develop your skills in legal problem-solving.

This chapter will not be enough on its own to give you those skills. Practice and experience in tackling legal problems in your specific law subjects will be more useful. Studying examples of good answers to legal problems will also help. (Your teacher should be able to provide or direct you to such examples.)