[ Juliana Del Pesco, BARBRI International Legal Manager, Americas ]
A semester of reading, briefing cases and preparing outlines all culminates in one final act: Writing law school final exams. Most law school exams call for essay-type responses as a test of your ability to analyze and resolve legal problems.
You will be required to demonstrate your grasp of the materials you studied throughout the semester, along with your ability to provide lawyer-like solutions to precise legal issues. Your class grade will be largely, if not exclusively, based on your final exam performance, so be sure you are properly prepared with these exam-writing tips.
#1 – READ AND ANALYZE THE PROBLEM CAREFULLY
Read the entire problem through once rather quickly to get a general understanding. Focus on the question you are being asked to respond to at the end of the problem. Then, read through the scenario again, slowly and carefully. This time, evaluate every word and phrase to identify all potential issues. Always keep in mind the specific question you are actually being asked to answer.
#2 – ORGANIZE YOUR THOUGHTS
Organization is critical to writing a strong essay answer. After all, if the professor cannot follow your analysis, how can they grade it fairly and appropriately?
Before you start writing, chart the issues in the manner in which you will resolve them. Again, make sure the issues are related to the actual question you are being asked to answer. Arrange the issues in the sequence in which you would expect a court to address them (i.e., normally, jurisdictional issues first, then liability, then remedies). Capture the points you will discuss in sufficient detail to prompt you to think the problem through to a fair and practical solution.
BARBRI has developed a quick outlining system called Issue T to help students organize their thoughts for essay writing. In the Issue T, you state the rule implicated at the top, list the elements that comprise that rule on the left side of the “T”, and list all of the supporting, relevant facts on the right side of the “T”:
#3 – START WRITING ONLY WHEN YOUR ANALYSIS AND ORGANIZATION ARE COMPLETE
You may find that you devote a solid one-fourth of the time allocated to reading, analyzing the problem and organizing your answer. That’s okay. A logical organization and clear expression of ideas will strengthen your answer. This purposeful approach may even bolster an answer that’s somewhat weak.
#4 – AS YOU BEGIN TO WRITE, USE THE I-R-A-C FORMAT FOR EACH ISSUE RAISED
Issue. First, state the issue in precise legal terms (e.g., “Did the defendant’s mistake in computing his bid prevent the formation of an enforceable contract?”). Be careful to avoid generalizations or oversimplification of the issue.
Rule. Next, state the applicable law. Be sure to define the pertinent elements of a rule as well as any terms of art. Consider and discuss ALL relevant views, making certain that you express the underlying rationale behind each divergent view or rule of law.
Application. Then, apply the rules to the facts using arguments. Avoid the common error of stating a rule and then jumping straight to the conclusion.. Your professor will not infer a supporting argument for you—you must spell it out. Remember to use the Issue T you created earlier to remind you to discuss which facts in the fact pattern support (or prevent) application of the rule. Discuss and weigh each fact given and the logical inference to be drawn from it. Be sure to include counterarguments where possible.
Conclusion. Finally, come to a straightforward conclusion on each issue. Make sure you have clearly answered the question asked, and you have not left an issue hanging. If a number of outcomes are possible, discuss the merits of each, but always select one position as your conclusion and state why. In close cases, it is generally best to select the most practical and fair conclusion. Just don’t consider yourself bound by the “general rule” or “majority view” in answering an exam unless the question clearly calls for such.
#5 – OTHER HELPFUL TIPS AND VALUABLE RESOURCES
Budget your time, but don’t be concerned if you notice that others begin writing before you do. Law professors are usually focused more on the quality rather than the length of a student’s answer. They will appreciate that you stick to the issues and emphasize what counts to provide the most succinct, yet appropriate, exam response.
Last but certainly not least, make sure your answer is legible. If your school gives you the option to handwrite or type your exams, I recommend typing your exam. Your professor won’t be impressed by the logic of an answer that cannot be easily read.
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