ZAMBIA OPEN UNIVERSITY

SCHOOL OF LAW

AUTHOR: Ms TRACY MULEYA MBANDAMA, LLB, LLM, dip. Journ, PHD Candidate

LECTURER; SCHOOL OF LAW

Cell: +260976474363

Email: tracymagray@gmail.com or t.mbandama@zaou.zm

ANSWERING LAW QUESTIONS- UNDERGRADUATE LLB STUDENTS

The purpose of this Tip

This guide is intended to serve a baseline level of guidance for approaching essay questions in
any subject offered by the Law School as part of your undergraduate law degree. It is also
intended to be a guide on how to tackle scenario or problem law questions both in the exam and
assignments. It cannot, and does not purport to be, exhaustive. It is structured in a way which
reflects the essay writing process and the main parts of an essay itself and the process for
handling problem or scenario law questions. Some lecturers may issue separate guidance in light
of their particular aims or focus and style, hence this is intended to be a general guidance to build
on what your lecturer in a particular course will guide you. Remember that there will rarely, if
ever, be one „right‟ way of answering the question. No-one will tell you what to write in your
essay, and there are no „blueprint‟ or „model‟ answers - just better ways of approaching the
question and making more sophisticated arguments in response. Much will hinge on the
judgments you make about how to understand the question and your response to it - which is
what is expected of students in higher education.

Understanding the Question

Before you start your essay writing, whether you are asked to write an assessed essay in an
assignment or an essay in exam conditions, be sure you are clear on what the question is asking
you. This allows you to reflect on whether you have understood the question correctly, and to
minimise the risk of poor structure, inclusion of irrelevant material or repetition. Be sure you
clearly understand what the essay is asking of you, such as „discuss‟, „critically analyse‟,
„evaluate‟, etc

Research and preparation

Once you have a clear view on what is being asked you need to plan out your response. You
should have a rough idea of what your response will entail from the outset. The essay question
you are being asked must drive your research and preparations - do not just research anything
and hope an essay somehow results. You will need to ensure that before you start you have
consulted relevant and appropriate scholarly materials. These include (which will be balanced
differently depending on the nature of the module concerned) cases, statutes, treaties, academic
journal articles, books (monographs), chapters in edited books, articles in scholarly
encyclopaedias, official reports and policy documents, quality news reporting, Hansard, etc. The
most relevant material will be in the module reading list and you can then expand your research
from there.
You should not cite inappropriate sources or materials. Inappropriate material include materials
like A‟ level books/notes, Wikipedia and blogs (unless the latter has been specifically referred to
you by a lecturer), or random web based material. You should avoid quoting from lecture
slides/notes unless there is a point made by a lecturer which you genuinely cannot find
elsewhere, which would be rare. Lecture slides modules or notes are intended to act as a catalyst
for your own reading, and not to take the place of this reading. In most cases, you will be able to
follow up a point made in such slides or notes by going directly to the source in question.

Structure

You should now have a plan on how to respond to the question and sufficient research to allow
you to now set out how you are going to respond. A successful essay of any kind needs to be
well-structured. Structure is what gives your essay cohesiveness and direction. It refers to the
logical development between the introduction, description, analysis, evaluation and conclusion
of the piece.

What Are the Types of Law Questions?

There are generally two major types of law questions;

1. Essay questions and

2. Problem questions.

PROBLEM/SCENARIO LAW QUESTION

Problem questions are a common type of question in law exams, which require you to apply
legal principles to a specific set of facts. Answering these questions can be challenging, as they
require you to demonstrate your understanding of the law and your ability to apply it to real-life
situations. Here are some tips on how to answer problem questions in law exams effectively.

Read the Question Carefully, The first step in answering a problem question is to read the
question carefully. Make sure you understand what the question is asking you to do, and what
legal principles are relevant to the problem.
Identify the Issues. Once you have read the question, identify the legal issues that need to be
addressed. Highlight or underline key facts and legal principles that are relevant to the question.

Analyse the Facts. After identifying the issues, analyse the facts of the case. Determine which
legal principles are relevant to the facts and how they apply.

Apply the Law. Once you have analysed the facts, apply the relevant legal principles to the
problem. Use case law and statutes to support your analysis.

Consider Alternative Arguments. In law exams, it is often possible to argue different sides of a
case. Consider alternative arguments that could be made, and discuss the strengths and
weaknesses of each argument.

Structure Your Answer; A well-structured answer is crucial to answering problem questions

effectively. You are advised to start with an introduction that summarises the main legal issues,
then move on to a clear analysis of the facts and the relevant legal principles. Finish with a
conclusion that summarises your findings.

Use Clear Language; Use clear and concise language to present your arguments. Avoid using
legal jargon that may confuse the reader.

Practice Writing; Like any other skill, answering problem questions in law exams requires
practice. Practice writing answers to past exam questions and seek feedback from your
professors or peers.

Answering problem questions in law exams requires a clear understanding of the legal principles
and the ability to apply them to real-life situations. By following the tips outlined above, you can
effectively answer problem questions and demonstrate your understanding of the law.

Below are two examples of a problem/scenario questions:

Example No. 1: Subject area-Law of Tort

Molly is a single mother. She takes her daughter Rhonda (a two year old infant) to a local
playground. While lighting a cigarette, Molly starts talking with another young parent, Dilbert.
Molly is distracted by Dilbert‟s good looks and gritty charm. Meanwhile, Rhonda starts to
wander over to the road.

Dilbert notices a possible catastrophe and rushes out after Rhonda. Dilbert just manages to save
Rhonda from being run over by Bob, who is driving a van within the speed limit and quite safely.
However, Dilbert has too much forward momentum and collides with Bob‟s van. Dilbert is
seriously injured. Bob skids off the road and crashes into some playground equipment. Luckily,
no children are using the equipment. Laura, driving at speed behind Bob, sees the above-related
events and puts her foot down hard on the brakes. Laura‟s car skids on an oil slick and crashes
into a tree. Some distance behind the tree was Leonard. Leonard thought that Laura‟s car might
hit him and he started running away screaming „Oh Lord, don‟t take me now!‟ Leonard has an
underlying personality disorder and develops a paranoid fear of going out into the street. As a
result, he loses his job and his livelihood.

The accident involving Leonard is witnessed by Sherry, Rhonda‟s grandmother, who is also at
the park. Sherry suffers from a brief fright, but believes that she will be alright. However, she
later develops post-traumatic stress disorder as a result of this event, combined with the news
that Rhonda barely escaped a serious injury. She had not seen the incident involving Rhonda
herself, because she had been busy setting out the picnic lunch.

Identify any actions available in the tort of negligence and analyse the elements of the tort
accordingly.

Example No. 2: Subject area- Constitutional Law

In 2004, an ambitious and outspoken Chitulika Member of Parliament formed a political party
which attracted a lot of members across the country. Due to this development, on the 21 st of
February, 2005, a point of order was raised by Ndola Central Member of Parliament, Hon.
Kasimbi Mooye as to whether or not it was in order for Chitulika Member of Parliament Hon.
Dandaulo Mojo to retain his seat even though he had admitted being a leader of a political party
known as National Patriotic Forward Party other than the one that sponsored his candidature- the
Economic Restoration Party. Pursuant to this, on 27th February 2006, the Speaker of the National
Assembly of Zambia, declared the Chitulika Constituency Parliamentary Seat vacant.

Mr Dandaulo Mojo has approached a Law firm where you are working as a legal counsel in
Lusaka as he has an intention to challenge the Speakers decision in Court. The Principal at the
Law firm you are working for after knowing that you are a Constitutional Law Expert has asked
you to prepare a legal brief and arguments regarding the legal issues arising from the Speakers
decision which could be possibly used to challenge the decision in court. Making reference to the
constitution of Zambia and Zambian case law, proceed to render your legal opinion or advice.

ESSAY LAW QUESTIONS

The other type of law question is an essay type. Law essay questions require you to write an
essay unlike problem questions that require you to advise parties in a scenario. We have all been
answering a level of essay questions right from secondary school, so it shouldn‟t be new to you.

Essay questions are mostly common in assignments than exams. The following is an example of
a law essay question and how it should be tackled.

“There have been a lot of arguments for and against the principle established in the popular and
celebrated case of Adams vs Lindsell. Amplify and discuss the above assertion with the help of
decided cases”. (25 marks)

To answer law essay questions properly, it must follow four rules. It must have the Introduction,
the definitions, the body, and the conclusion. Now, let us discuss each of these rules one by one
while illustrating how you should tackle the question above.
Answering Law Essay Questions Rule 1: The Introduction

The introduction to your law essay question is the part where you let the lecturer know what the
answer is all about. The introduction should be concise. It should be used only to refer to what
the question is asking you to do and to indicate how you have interpreted its focus as well as the
order and structure of the arguments (e.g. „In the first section of the essay I will consider. . .‟, „In
the section, I will go on to argue that . . .‟ etc.).

In this part of the question, you shouldn‟t directly go into answering the question. Instead, you
are allowed to beat about the bush a little bit. Start with a general statement and then become
more specific. At the end of the introduction, you should talk about the law essay question you
intend to answer.

As an illustration, this is how the introduction to the sample law essay question above should
look like:

The importance of feedback in the formation of a contract cannot be over-emphasized. It is trite

that every contract needs to have an offer and acceptance, and there is the need to communicate
the offer and acceptance between the parties. In a lot of instances, this isn‟t really a problem
since the offer and acceptance is done in real-time (face to face).

However, there are instances where it isn‟t in real time, like when the communication is done by
post. In this type of situation, due to the process of posting a letter or parcel, the communication
between the parties can experience some delays. This has posed some problems, like “when is an
acceptance valid?” Upon posting, or upon reception? One principle that has been developed by
the courts to solve this problem is the rule in Adams vs Lindsell.

This work is going to analyse this rule and talk about the criticisms levelled against it, with
special attention being paid to case law.

Answering Law Essay Questions Rule 2: The Definition

This is the part of the question where you give a definition to the major terms/keywords in the
question. It is not necessary that it has to be a “term” per se. For instance, in the sample question
I gave above, the major term is Adams vs Lindsell.

So, what you should do at this stage is to define the rule in Adams vs Lindsell. Since this is a
case, you should talk about the facts of the case.

Your answer can go something like this:

The rule in Adams vs Lindsell is generally referred to as acceptance by post. The rule in this case
was propounded by Lord Ellensborough in 1818. In this case, the defendant offered to sell some
wool to the plaintiff. The defendant sent their offer by post.

Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The
plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought
to have gotten the reply by September 7. So, when the defendant didn‟t get a reply on September
7, he sold the wool to a third party on September 8. The plaintiff‟s acceptance finally got to the
defendant on September 9.

Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of
contract. The major contention was when the acceptance would be valid. On the plaintiff posting
it, or on the defendant receiving it.

The court held in favor of the plaintiff that when it comes to contracts conducted by post,
acceptance comes to fruition at the time of posting, not at the time of receiving.

Answering Law Essay Questions Rule 3: The Body

This is the major part of the answer to the law essay question. It is in this part of the answer that
you demonstrate your understanding of the question and knowledge of the subject matter. In a lot
of instances, what differentiates an A student from a C student is the fact that an A student cited
more authorities in this section of the answer. This is the most important part of your essay, and
the one to which we devote most attention in this guidance. The main body of the essay is where
you answer the question, and is the basis on which your overall mark is primarily determined. As
undergraduate law students, we want you to show that you understand and can critically engage
with the particular topics raised by the question. You need to ensure that a legal position, debate
or concept is fully and accurately described. Analysis and evaluation is the means by which you
demonstrate your capacity for critical thought, a crucial part of what it means to study in higher
education.

In general, you should aim to explain key concepts or ideas in your essay in your own words.
This shows that you actually understand what these key concepts or ideas are without relying on
someone else‟s formulation, though it is, of course, acceptable to a paraphrase the work of
someone else provide you correctly acknowledge this. Quotations should be used only
occasionally and with good justification. Excessive use of quotation gives the impression that
you are simply assembling a patchwork of other people‟s ideas without demonstrating you can
understand and analyse/evaluate what they are saying.

Using the sample question above, this part (main body) of the answer to the law essay question
will look something like this:

Since the inception of this rule, there have been numerous arguments for and against it by jurists,
scholars, and judges alike. In the case itself, the court, in justifying its decision stated that if
acceptance wasn‟t complete on posting, then there is the need for the offeree to require the
offeror to inform him that he had received his acceptance, and so it goes on ad infinitum.

Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell.
According to him, the process doesn‟t have to go on ad infinitum. The offeree can assume that a
contract has come into fruition when the offeror receives the letter, the same way the the offeror
has to assume that there is a binding contract when, and if, the offeree posts a letter of
acceptance.
In the subsequent case of Household Fire Insurance Co vs Grant, the court gave some other
concrete reasons for the adoption of the rule in Adams vs Lindsell. The facts of this case are as
follows. The defendant applied for shares in the plaintiff company, and the plaintiff company
assented by posting a letter. However, the letter didn‟t get to the defendant, and as such, he
didn‟t know that the company accepted his offer. When the company got into liquidation, he was
called upon to pay up his share. He resisted this, and thus the case was brought before the court.
The court, in applying the rule in Adams vs Lindsell, held that he was liable to pay up his own
shares, since a binding contract came into existence the moment the company posted its
acceptance, regardless of the whether or not he received the letter.

In justifying the acceptance by post rule, the court gave the following reasons:

1. The post office is an agent of both parties. So, technically, a letter given to the post office
is deemed communicated to the offeror.
2. By posting the letter of acceptance, there is already a valid and binding contract. There is
no need for any other act to bring the contract to fruition. The offeree has merely assented
to the offeror‟s proposals.
3. The offeror is free to make it a term of the contract that there is no valid acceptance until
he receives it.
4. Any alternative rule would lead to fraud and delay in commercial transactions because
the offeree would have to wait for confirmation from the offeror that he has received his
acceptance.
5. The rule is the most convenient compared to all other alternatives.

However, the court‟s decision was not unanimous. There was a dissenting judgement by
Bramwell, L.J. He contended that if the basis of the rule was that it would cause hardship on the
offeree, who might have already made arrangements based on the acceptance of the contract,
there is also hardship on the part of the offeror who might act on the belief that his offer was not
accepted. This is even more relevant where the offeror didn‟t receive the acceptance like in the
present case.
All this goes to show that the rule in Adams vs Lindsell isn‟t one that enjoys unanimous
consensus in the legal community. Recent decisions by courts in the United States suggest a shift
away from this rule of acceptance by post.

In the case of Rhode Island Tool Co vs US F. Supp. 417 (1955), the plaintiff‟s made an offer to
sell some bolts to the defendant. The defendant accepted by post, but the plaintiff discovered that
they had quoted a very low price. To remedy this, they sent a telegram to the defendant revoking
the offer. The telegram got to the defendant before the posted acceptance got to the plaintiff.

The court held that the offer was validly revoked since the telegram got to the offeree before the
plaintiff received the letter of acceptance.

A similar thing happened in the case of Dick vs US F. Supp 326 (1949). The facts of this case
are quite similar to the facts in the above case. In this case, the offeree was the plaintiff and after
accepting the offer by post, sent a telegram withdrawing it. The telegram got to the defendant
before the letter of acceptance, and the court held that it was a valid revocation.

Answer Law Essay Questions Rule 4: The Conclusion

The conclusion to the law essay question is the final part of essay (just like the name suggests).
There are two major ways you can conclude the essay: either by summarizing what you have
written, or by giving a recommendation/comment. Like the introduction, the conclusion is a
functional part of the essay. Its purpose is to meaningfully and persuasively draw together and
summarise what you have argued for in your essay. As such, your previous arguments must
support and be consistent with the conclusion. The conclusion should never introduce new
material, nor be the point at which, as if out of nowhere, your own point of view appears. This
may seem obvious, but it is surprising (and dismaying) the number of essays which do this. The
conclusion does not need to be long, and nor should it extend to discuss irrelevant issues, though
you may use it to briefly identify implications of your discussion which are peripheral to the
essay question which you have not been able to explore in your essay.
To be on the safe side, you should just conclude by summarizing what you have written. You
should also make it clear that you are concluding by including the phrase “In conclusion” at the
beginning of the conclusion.

So, this is how the conclusion to the sample question above would look like:

In conclusion, this work has highlighted the evolution of the rule in Adam vs Lindsell with
special attention given to case law. This work highlighted the establishment of the rule, the
justifications given by the court for this rule, and the criticisms against this rule. It finally showed
a departure from this rule in other jurisdictions like the USA, due to the impact of new
technology on commercial transactions.

…………………………………………………………………………………………..

References/Bibliography

The last page of your assignment essay should always end with referencing and bibliography.
This should always start on a new page.

As already mentioned, you must substantiate all claims you make with regard to appropriate
sources. So, for example, a point of law must be substantiated with reference to an appropriate
primary source, such as a case or statute, and a claim about the law (theoretical or doctrinal)
needs to be supported by scholarly writing (e.g. books, journal articles etc.). A key way in which
you substantiate your essay is through referencing. On every occasion where you include a
quote, a paraphrase from an academic work or legal case and also where you mention an entire
academic work or legal case as a whole (e.g. Hart's The Concept of Law or the case of Chanda v
The People, you must insert a footnote reference (or, if using this system instead, a Harvard
reference). Failure to do so may give rise to allegations of plagiarism, which is where you pass of
the work of others as your own, even if you did not intend to do this. The bibliography is where
you list all sources you have discussed/cited in your essay. It should not include sources you
have read but not used in this way.

Remember that omissions and deficiencies in referencing sources are not trivial matters – they
are unacceptable and are taken very seriously
………………………………………………………………………………..

Afterwards

Always re-read your essay carefully, either at the end of the exam or, if an assessed assignment
essay, after waiting a few days so it is easier to spot mistakes, typos and areas for improvement
with a fresh mind. Never expect to submit a first draft of an assignemnt – you should always aim
to refine what you have written so the finished product places your thinking and the work as a
whole in its best light. A helpful tip is to think about how your essay reads back to yourself when
you are proof-reading it. If you were marking your essay, how well do you think the argument is
sustained? Is it well-ordered and purposeful? If the essay appears disjointed at this stage, or is
lacking in one of the respects discussed above, go back and re-write it. Of course, you must
allow yourself sufficient time in which to do this.

Other hints and further support:

 Always manage your time effectively. Time wasted is never recovered.

 Read as widely as possible from different sources in order to grasp a concept. Legal
resources-books, journals, articles, reports, cases, statutes etc,. are available on Google.
Always search until you find what you want.
 Employ critical thinking in writing assignments and exam. A lawyer is a critical and
analytical thinker.
 Never leave your work to the last minute - even if you prefer to work under pressure -
you will never have the time to ensure you produce a quality piece of work if you do.
Ideally, begin work as soon as the titles are available to allow as much time as possible
for the research and writing process and to accommodate any unforeseen delays you
might encounter.
 Discuss your essay ideas and plans with fellow students but NEVER exchange your
work and submit similar assignment as that will result into a zero grade.
 Be flexible - your argument and ideas may need to be revised as your work and research
develops, which may require some changes in the original plan.
 So, here you have it, a guide to answering law essay questions. If you follow these
guidelines, you should see an improvement in your grades. Obviously you do not want to be a
student who continuously scores a C or C+ but someone who aims at a B+ or an A grade
consequently, you will do well to go through these tips several times so as to master the skill of
legal argument. If you have any questions or clarifications related to this guide, feel free to drop
a comment on the portal.

All the best in your studies as you embark on this joyous yet hectic journey of becoming a
Lawyer and Learned Legal Counsel. I wish you the very best!