Essay Exam Skills RefresherJeff Minneti

Associate Professor of Legal Skills and Director of Academic Success

minneti@law.stetson.edu

ObjectivesUnderstand your job on essay exams.Appreciate the kind of essay exam questions

you will face.Understand the steps required for crafting

effective legal analysis.Appreciate the attributes of effective legal

analysis.

Your Job on ExamsAccrue points

Answer the question asked Policy/theory Issue spotter

Use legal analysis to answer the question asked Syllogism IRAC CRAC CREAC

Types of Essay Exam QuestionsPolicyIssue spotting

Policy QuestionIdentify the policy interests that arise from the question

presentedCritical Legal StudiesLaw and EconomicsSeparation of PowersJudicial efficiency

Explain the connection between the policy interests and the question

Consider the implication of the policy on other social institutionsSociologyHistoryBusiness interestsEducation

Policy Interest Assessments

Issue SpottingRead the call of the question

Identify and list the legal or factual issues presented  

Skim the factsCritically read each sentence

Identify those facts that have legal significance The facts that have legal significance are those that

affect the way the law gets applied to the fact pattern

Circle, underline, or highlight the facts that have legal significance 

Do you see the shark?

Issue SpottingIn the margin, list the rule structure or portion of rule

structure (element or factor) that the fact connects with Evaluate whether there are any sentences or sections of

the fact pattern where you have not identified any legally significant facts If there are, review your topical or skeletal outline to see

whether any topics listed there trigger issues you may have missed 

Review the rules/rule structures you have written in the margins; organize and strategize how to best analyze those rulesOutline your response, ordering the issues you will

address

Think of the law as a magnet. . .

Legal AnalysisTwo step Process:

(1) Explain the law; (2) Apply the law

Legal Analysis http://movieclips.com/9iWog-the-karate-kid-m

ovie-wax-on-wax-off/

Legal AnalysisFirst step: Explain the law (think in terms of

rule structures for each topic—explain the structure) Accurate Complete

To the level of detail covered in course Reach the “tests” in the rule structure of the law

Factors, elements, if thens, hybrids, exceptions Concise

Allows you to get more words on page, yielding more points

Precise Detail matters

Legal AnalysisSecond Step: Apply the Law

One test at a time, discuss whether the facts satisfy the test the rule structure provides Consider both parties’ perspectives Set up as arguments

Plaintiff will argue that test z is satisfied because of facts 1, 2, and 3 Alternatively, Defendant will argue that Test z is not satisfied because

of facts 1, 4, and 5. A court will likely agree with . . . because . . .

Explain the legal significance of your conclusion Test satisfied results in element satisfied Once all elements satisfied consider affirmative defenses

Answer the reader’s questions How do you know? So what?

Lawyer in a Lab coat

Attributes of Effective Legal AnalysisExplain law

AccurateCompletePreciseConcise

Apply lawDiscuss the link

between the legal test and the facts

Use becauseAddress counter

argumentDiscuss legal

significance of conclusion

Legal AnalysisUse of Case Law

Analogy is NOT argumentIf the facts of the test question run closely

parallel to a case that you read, consider discussing the case as an example of how the rule is applied

Avoid raising a case just to show you know the case dealt with the same issue raised in the question

Essay Exam Skills Refresher ReviewYour job?How do you do it?Steps in Legal Analysis?Attributes of strong Legal Analysis?

PracticeFrequently respond to practice questions

Use questions in case book, from professor, from materials professor recommends, and/or from supplemental materials

Seek feedback on responses from professors, teaching assistants, and/or classmates

Revise responses in light of feedback Complete at least one essay question each

week; try to get feedback on at least one response from each professor before exams