Exam technique

When you cannot answer a question: three fallbacks that still score

The BATAS editorial team··5 min read

Somewhere in the six sittings, it happens: a question about a doctrine you have never met, or met once in October and lost. The room goes quiet in your head. There are eleven minutes left on the question and nothing in the drawer.

What you do in the next ninety seconds is worth more than most of the reading you did in the last month, because a blank answer scores zero and a reasoned one frequently does not.

First, the two things not to do

Do not leave it blank. A blank box is the only answer guaranteed to earn nothing. Even a wrong-but-reasoned answer often earns a mark for the rule or for structure; a blank earns nothing at all, and it is the single most expensive mistake available in a bar paper — see four hours, twenty problems.

Do not hunt for the topic you think it wants. If the doctrine is not in your memory within thirty seconds, it is not coming, and the minute you spend searching is a minute stolen from the answer you could write.

The three fallbacks, in order of preference

Fallback 1: answer from the general rule

Most "unfamiliar" questions are a familiar area applied to unfamiliar facts. Ask: what is this question about? Property? Jurisdiction? Consent? Liability? Then answer from the general rule of that area, and say what you are doing.

"The question concerns the effect of a defect in consent. The general rule is that consent vitiates… Applied here…"

An examiner reading that sees a candidate who knows the architecture of the subject and can reason inside it. That is a different, and better, impression than a candidate who had memorised the specific case.

Fallback 2: state the test, then apply it

If you remember the test but not the case name, or the rule but not its label, the test is what scores.

"The test is whether the act was done with the intent to… Applying that test to these facts: X intended…, so…"

Case names and docket numbers are decoration in most answers; the doctrine is the answer. See citing Philippine cases for the form to use when you do remember the citation — and for why a guessed citation is worse than none.

Fallback 3: reason from principle, and be explicit

When you cannot recall the rule at all, say so in one clause and reason from the purpose of the provision. This is the weakest of the three, and still far better than blank.

"I do not recall a specific provision on this point. The provision's evident purpose is to protect…; on that basis, the answer should be…, because…"

Two cautions. Say it once, briefly — an answer that apologises for a paragraph has spent the question on the apology. And commit to a conclusion at the end, even if it is provisional: the rubric asks for a conclusion, and "therefore, the better view is…" is a conclusion.

The four-line emergency answer

Under time pressure, a complete answer can be four sentences:

  1. The conclusion. "X is liable / the contract is void / the motion must be denied."
  2. The rule, in one sentence, with its source if you have it.
  3. The application, naming the facts: "Here, because…"
  4. The consequence the question actually asked about.

That is a markable answer. It will not score like a full one, but on a paper where each problem is worth 5%, converting a zero into two or three marks across three questions can matter.

What to do with the remaining time

If the fallback took four minutes, you have eight left. Do not stop: add the elements you can reconstruct, add a second reading of the facts in case the question is narrower than you thought, and — most importantly — check whether the question had parts. A "cannot answer" that answers one of three sub-questions is not a zero.

Then move on, at the twelve-minute mark, without negotiating.

After the sitting: the useful list

Do not spend the gap relitigating. Write one line and close it:

Could not place: [topic]. Reconstruct the rule from [provision / decision / lecture].

That line is the highest-value note you will take all week, because it is a precise, verified statement of a real gap — exactly what spaced repetition is for. An hour on it in the next fortnight converts a bad question into a strength.

What not to do: look up the answer in the corridor between sittings, discover a one-line mistake, and carry the regret into the next subject. The paper being sat cannot be changed; the next one can.

Preventing the blank, cheaply

The blank is usually a recall failure at the worst moment, not a knowledge failure. Three cheap defences:

  • Practise the shock. In timed practice, include questions from topics you have not revised recently. The experience of meeting a stranger in a mock is what makes the real one survivable.
  • Learn the architecture, not just the detail. A candidate who knows how a subject is organised can always fall back to the general rule. That is the argument for building a working outline before filling it.
  • Keep three anchors per subject. For each subject, memorise three rules so well that they are available under stress — one general principle, one test, one distinction. They buy you the four-line answer when everything else has gone.

The honest frame

Nobody answers twenty questions perfectly. The paper is designed so that no one does: it draws from a syllabus of hundreds of topics, and every candidate will meet something they cannot place, several times.

The difference between a pass and a fail is rarely brilliance on the hard questions. It is that the candidate who passed wrote something on all twenty, and the candidate who did not left three boxes empty.

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Written by the BATAS editorial team. This article is a study aid, not legal advice, and the law it describes is stated as of 20 October 2026 — verify against the official text before relying on it. How we write and check these articles: editorial standards.