This document provides a multi-step process for analyzing and writing answers to law school exam questions. It outlines a planning phase where students should identify relevant facts, legal issues, parties' objectives and arguments. When writing, students should structure their answers with an introduction, rule explanation, analysis and conclusion. They are advised to think from different advocates' perspectives and focus on fact-based arguments and legal concepts.
This document provides a multi-step process for analyzing and writing answers to law school exam questions. It outlines a planning phase where students should identify relevant facts, legal issues, parties' objectives and arguments. When writing, students should structure their answers with an introduction, rule explanation, analysis and conclusion. They are advised to think from different advocates' perspectives and focus on fact-based arguments and legal concepts.
This document provides a multi-step process for analyzing and writing answers to law school exam questions. It outlines a planning phase where students should identify relevant facts, legal issues, parties' objectives and arguments. When writing, students should structure their answers with an introduction, rule explanation, analysis and conclusion. They are advised to think from different advocates' perspectives and focus on fact-based arguments and legal concepts.
This document provides a multi-step process for analyzing and writing answers to law school exam questions. It outlines a planning phase where students should identify relevant facts, legal issues, parties' objectives and arguments. When writing, students should structure their answers with an introduction, rule explanation, analysis and conclusion. They are advised to think from different advocates' perspectives and focus on fact-based arguments and legal concepts.
1. Read Exam Instructions 2. Quickly flip through entire exam for format only. 3. Read 1st Question of 1st Hypo. 4. Read Fact Pattern Completely. 5. Repeat after answering each question. Step 1: Planning Phase. Time: 6-8 mins. [1/3-1/4 of Total Time; Plan in Short Bursts.] 1. ID all conflict pairings and objectives of each party. Objectives are the practical results (money=damages vs. not having to pay). Think like lawyer presenting case to client. *Tip: Look for Unnamed Parties (the city, the business, etc)* 2. Consider 1 pairing. Look at each partys objective. ID all facts that relate to this. 3. ID premises [legal basis of entitlement; the application of the rule to the facts; How can party go about getting what he wants? How can he present this to the court?] that may assist that party in achieving that objective or that will control the result. *Tip: Use outline to pluck relevant law and quickly state. 4. Once you analyze 1 partys premise, move to counter-premise of the other party. Step 2: Planning Phase, Expanded. Time [Encompassed above] 1. Focus on one premise; are elements/sub-elements present or lacking? 2. Are any real issues being raised? Make a point to dump minor issues fast. 3. Briefly review the elements againstrong competing arguments for or against? 4. Include any useful analysis in outline. Step 3: Writing Phrase New Law=New Paragraph I: Alert Grader of hypo/issue/topic/q addressed. R: Clearly set forth legal principles, policies, and grounds that give rise to the discussion. A: Resolve all issues concisely, yet thoroughly, consistently and objectively analyzing relevant facts in light of relevant law. C: Sum up various analysis with clearly stated conclusions and addressing who wins, if asked. Pointers: Always plan think re: conflict pairings Underline/bold key works Begin paragraph with statement of law governing premise at issue Lay out all elements in 1st discussion; then, relate back to all elements in further discussion. Express only what needs to be said. Alternate your role as advocate for each party; ebb and flow of litigation. Arguments: Factually Based; Premises: Legal Concepts Be prepared to depart from orderly ebb and flow to zero in on argument/legal concept that may preempt/supersede matter. Can introduce by abruptly beginning with a new paragraph with element or premise you have in mind. Dont over-do the first issues; only include that which is necessary. Don't make conclusory statements, unless you are certain. Avoid citations, unless case name is part of a test.