Answering scenario-based questions

Always remember that you get credit for everything which you write and which is correct and relevant, and ……

…..you are not penalised for stuff which you write and which is incorrect or irrelevant

Some tuition establishments apply the mnemonic IDEA (identify the area of law, define any elements which are relevant to the question, expand and explain those elements, and apply the foregoing to the scenario reaching a conclusion.

Of course, with only 10 marks available and only 14.5 minutes to write out your ten points (because you’ve spent 5 minutes planning what those 10 points are going to be) it necessarily means that the length of each of your sentences in the exam answer is going to be no more than three lines and you need lots of them!

Read the requirement, read the question, think, plan, re-read the question (have I used all the information), re-read the requirement (if I write down what I have planned, will I answer the question that has been asked, and will I answer it in full (beware that little word “and” in the requirement – “analyse the scenario AND advise Obama”))

“How should I answer a question when I don’t know the ex(tr)act answer?” I can only say – “As best you can” If your attempt at answering a question looks like a blank sheet of paper, you’re going to score zero. From that base, you can only improve. So, taking your example:-
start with fraudulent trading and

explain what that is.
Maybe (if you can) distinguish it from wrongful trading.
Comment on how both can cause directors to be banned from holding the position of director
for a period up to 15 years
and the Registrar keeps a register of banned directors
and if someone acts as a director whilst serving a ban, they could go to prison for up to 2 years for contempt of Court
fraudulent trading is one of those areas where the Court is willing to lift the veil of incorporation
fraudulent trading has, historically, been difficult to prove
so the offence of wrongful trading was created where guilt is easier to establish

I believe that, without knowing the precise wording of the question you may have in mind, I should be able to score 3 or 4 marks from the sketchy plan above

In the exam room, you will need to dig up from the depths of your memory any and all matters related to the question topic, and then apply all that memory to the particular circumstance

OK?