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What is the difference between an essay question and a problem question in law?

Essay questions ask you to discuss, evaluate, or critically analyse a legal principle. Problem questions present a factual scenario and ask you to advise the parties by applying the law to the facts.

student 2 min read

UK law exams typically feature two types of question, each requiring a fundamentally different approach.

Essay Questions

An essay question asks you to engage with a legal debate. The emphasis is on analysis, academic commentary, and argument.

Example: "Critically evaluate the extent to which the doctrine of promissory estoppel undermines the requirement of consideration in English contract law."

Problem Questions

A problem question presents a factual scenario and asks you to advise one or more parties. The emphasis is on issue-spotting, accurate statement of the law, and precise application to the facts.

Example: "Alice offers to sell her car to Bob for £5,000. Before Bob can accept, Alice sells the car to Carol. Advise Bob."

Key Differences at a Glance

FeatureEssay QuestionProblem Question
FocusLegal debate and policyApplication to facts
StructureThematic paragraphsIssue-by-issue IRAC
SourcesHeavy use of academic commentaryPrimarily cases and statutes
ConclusionSynthesise your argumentAdvise the parties
ToneArgumentative and evaluativeAdvisory and precise

Key Takeaway

Essay questions ask you to discuss, evaluate, or critically analyse a legal principle. Problem questions present a factual scenario and ask you to advise the parties by applying the law to the facts.

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