Skip to main content

Exam Technique

How to Plan a 45-Minute Law Exam Answer Under Pressure

A precise, battle-tested system for structuring your thinking before you write a single word.

Q
Quill

Caselaw editorial desk ยท 20 June 2026

Forty-five minutes sounds generous until you're staring at a problem question about a defective ginger beer and your mind goes blank. The students who score well aren't the ones who know more law. They're the ones who have a repeatable planning system they can run even when their hands are shaking.

This post gives you that system.

The Split You Need to Commit To

Before anything else, accept this: eight minutes of planning is not wasted time. It is the work. A well-planned answer written in thirty-seven minutes will outscore a poorly-planned answer written in forty-five, every time. Examiners mark on legal reasoning and structure, not word count.

Here's the split that works:

  • Minutes 0-8: Read, annotate, plan on paper
  • Minutes 8-42: Write the answer
  • Minutes 42-45: Check, specifically for missing issues, not for typos

Three minutes at the end sounds like nothing. It has saved more marks than you'd think, because students routinely forget a whole head of claim in the adrenaline rush of writing.

Minutes 0 to 8: What You're Actually Doing

Read Once for the Story, Once for the Issues

First read: slow down, read for the facts. Who is doing what to whom? What's the relationship? What went wrong and what harm followed? You're building a mental map, not hunting for law yet.

Second read: hunt. Go line by line with your pen and ask, for every sentence, "does this raise a legal issue?" If it does, underline it and write a one-word label in the margin. "Duty." "Consent." "Causation." "Occupier." You're not writing full sentences, you're creating a skeleton.

A problem question about a scaffolding collapse at a construction site might surface, in quick succession: an employer-employee relationship (vicarious liability), a third party walking past (duty of care, neighbour principle from *Donoghue v Stevenson*), possibly a statutory occupier duty under the Occupiers' Liability Act 1957, and a causation chain with an intervening act. Each of those is a separate issue requiring its own analysis. You need to see them all before you write.

Build a Micro-Plan in Three Columns

Draw this quickly on your rough paper:

| Issue | Rule/Test | Conclusion? | |---|---|---| | Duty of care | Caparo three-stage test | Likely yes | | Breach | Objective reasonable person standard | Arguable | | Causation | But-for test; Wagon Mound remoteness | Dispute point |

This is not a table you submit. It's a thinking tool. Filling it in forces you to name the governing rule for each issue rather than writing vaguely about "whether there is liability." Vague writing is the biggest mark-killer in law exams. The table stops it at source.

For essay questions, the micro-plan looks slightly different. Replace the three columns with: argument, counter-argument, your analytical position. You're mapping a debate, not a checklist of elements.

Prioritise by Mark Yield

Not every issue you spotted deserves equal space. Ask yourself: which issues are genuinely contestable on these facts? Those get full IRAC treatment. Which issues are clearly satisfied and uncontested? State them briefly, cite the rule, move on.

A question involving a crumbling dock and fire spreading from a neighbour's land might technically raise both nuisance and negligence, but if the facts scream one over the other, weight your answer accordingly. Spending four paragraphs on a point that takes two lines to resolve is a structural error. Examiners can see it.

Minutes 8 to 42: Writing With Structure That's Already Built

IRAC Is a Tool, Not a Religion

IRAC (Issue, Rule, Application, Conclusion) is the standard structure most courses teach, and it works. But students often apply it mechanically in a way that produces lifeless answers. The Application section is where marks live. That's where you take the legal test and run it against the specific facts.

Don't write: "The defendant may have breached their duty of care."

Write: "The scaffolding was erected without toe-boards in a location where pedestrian traffic was foreseeable. A reasonable contractor in the same position would have used toe-boards as standard. On the Blyth v Birmingham Waterworks objective standard, the defendant's omission almost certainly constitutes breach."

See the difference? The second version names the test, points to the specific fact, and reaches a reasoned position. That's application.

Handle Multi-Party Questions Systematically

If your question has three claimants or three potential defendants, deal with one complete analysis before moving to the next. Don't weave between them. Students who jump around create confusion for the examiner and often drop whole elements for one party without realising.

A clean signpost helps: "Turning now to Priya's claim against the local authority..." That's all you need. Then run the full analysis for Priya before touching anyone else.

Keep Your Conclusion Tentative Where the Law Is Uncertain

Examiners are not looking for the right answer. They're looking for accurate legal reasoning. On a causation point involving multiple tortfeasors, you might not be able to say definitively who is liable. That's fine. Say why it's uncertain, reference the competing rules, and explain which way you think the court would lean on these facts. That's the mark-scoring move.

Forceful certainty on a genuinely ambiguous point makes you look like you don't understand the law is contested. Tentative, well-reasoned analysis makes you look like a lawyer.

Paragraph Length and Signalling

Keep paragraphs tight. One issue, one paragraph, as a rough rule. If you find yourself writing a paragraph that covers duty, breach, and causation all at once, stop and break it up.

Start each paragraph with a signalling sentence that tells the examiner what's coming: "The central question on causation is whether the defendant's breach was a but-for cause of the claimant's loss." Then develop it. Then reach a position. Then move on.

This discipline matters more under time pressure because it keeps you honest. If you can't write a one-sentence signal for what a paragraph is about, you probably don't know what you're trying to say yet.

The Timing Traps That Kill Good Students

Trap One: Spending Too Long on the First Issue

This is extremely common. You know negligence well, so you write at length about duty of care and run out of time before reaching the remoteness point that was actually the crux of the question. The examiner's mark scheme rewards the harder issue more heavily. You've front-loaded effort on easy marks.

Fix it with a rough time budget during your planning phase. If you've identified five issues, you have roughly seven minutes per issue in your writing window. Write that in your margin. When you've spent seven minutes on issue one, move on even if you feel you could say more.

Trap Two: Describing the Law Instead of Applying It

A paragraph that recites the Caparo three-stage test accurately but doesn't apply each stage to the facts is a C-grade paragraph. Students fall into description mode when they're nervous, because it feels safe. It's not. It's the most reliable way to plateau in the mid-fifties.

Every rule you state should be followed immediately by a sentence that starts with the facts. "The claimant and defendant were in a relationship of proximity because..." Fill in the 'because' with the specific facts of the question.

Trap Three: Ignoring the Question's Instruction

Read the instruction at the end of the question carefully. "Advise the defendant" is a different task from "advise both parties" or "critically assess the court's approach." Getting this wrong means you can write a technically excellent answer to the wrong question. It happens. The micro-plan phase is your protection against it.

Essay Questions Specifically

Problem questions are easier to plan because the structure follows the issues on the facts. Essays require a different instinct.

For an essay, your plan needs to capture a genuine argument, not a list of things you know about the topic. "Discuss the development of the neighbour principle" is not an argument. "The neighbour principle in Donoghue v Stevenson created a conceptual framework that later cases have expanded unevenly, producing doctrinal tension that the Caparo test has failed to resolve" is an argument. That's the position your essay defends or interrogates.

Spend your planning minutes identifying:

  1. Your central thesis (one sentence)
  2. Three or four supporting analytical points
  3. The strongest counter-argument to your thesis
  4. Where you land after engaging with that counter-argument

The counter-argument is not optional. Essays that don't engage with the other side read as one-dimensional. The examiner wants to see that you understand the debate, not just your side of it.

Practicing the System Before the Exam

The planning system only works if you've rehearsed it under conditions that approximate the real thing. Timed practice on past papers is not optional revision; it's the revision that converts knowledge into performance.

What you're training is the transition from "I know this area of law" to "I can deploy it accurately under time pressure in an unfamiliar fact pattern." That transition doesn't happen by reading notes. It happens by doing the thing repeatedly.

Start with sixty minutes per answer to get comfortable with structure. Then compress to forty-five. Then, occasionally, to thirty-five, just to see what your planning system looks like when it's really under strain. You'll find out exactly where it breaks, which tells you what to fix.

You can find past papers with model answers to practice against. Model answers are useful not because you should replicate them, but because they show you the level of specificity and the density of application that marks the difference between a 2:1 and a first-class answer.

One More Thing on Timing

The three-minute check at the end is not proofreading. Don't read for flow or grammar. Read your own micro-plan and ask: did I cover every issue I spotted? Students routinely drop a full head of claim in the middle of writing. The check exists to catch that.

If you find a missed issue with two minutes left, write a short paragraph on it. An incomplete paragraph that raises and partly analyses a real issue scores better than nothing. Examiners mark what's there, not what isn't.

Read next on Caselaw

Frequently asked questions

How many issues should I spot in a typical 45-minute tort problem question?

Most well-constructed problem questions have between three and six distinct legal issues. If you're finding fewer than three, you're probably treating a multi-part issue (like duty, breach, and causation) as a single item. If you're finding more than six, you may be over-splitting points that the examiner intended as one.

Should I always use IRAC, or is there a better structure for essays?

IRAC is designed for problem questions where you're applying law to facts. For essays, a thesis-driven structure works better: open with your argument, develop it through analytical paragraphs, engage with the counter-argument, and reach a considered position. Treat IRAC as one tool among several rather than a universal template.

What if I run out of time before finishing my answer?

Switch to note form for any remaining issues. Write 'Due to time constraints, note form follows' and then list the issue, the applicable rule, and the key application point. Examiners can and do award partial marks for this. It's far better than leaving a head of claim entirely blank.

Is the planning system different for SQE1 versus LLB exams?

SQE1 is multiple choice, so formal written planning is irrelevant there. SQE2 involves written tasks with a functional legal skills focus, where the planning approach applies but you're also structuring advice for a client rather than academic analysis. LLB problem and essay questions benefit most directly from the system described in this post.

How do I stop writing too much on the issues I know well and too little on the ones I find harder?

Build a time budget during your planning phase. Count your issues, divide your writing minutes by that number, and note the rough per-issue allocation in your margin before you write. When you hit your time for issue one, move on even if your analysis feels incomplete. Discipline here is a skill you build through timed practice.

Keep reading

Put this into practice

AI case briefs, Oxbridge revision notes, flashcards, quizzes and past papers. Free to start.