A Practical Guide to Writing Law School Essay Exams

by Dernbach, John C.

• ISBN13: 9780837731278
• ISBN10: 0837731275
• Format: Paperback
• Copyright: 2001-09-01
• Publisher: William s Hein & Co

Summary

Students who do well in law school tend to write their examsin a particular way. The purpose of this book is tointroduce students to this method. Chapters teach the lawstudent the purpose of an essay exam, the process of gettingstarted, the basic steps in writing the essay, principlesfor explaining your answer, as well as basic organizational,signposting, and writing rules. An appendix contains twoactual exam questions, including a "model" answer.

Table of Contents

Introduction	ix
Knowing Your Reader
The purpose of essay exams	1	(2)
How class should prepare you for the exam	3	(3)
Exam preparation requires active learning	6	(1)
Preparing to Write
Time allocation	7	(1)
Allocate your time according to the value of the question	7	(1)
Treat each part as a separate exam	8	(1)
Issue spotting	8	(6)
Understand the question	9	(1)
Identify the basic legal rules that could plausibly be used to answer the question	9	(5)
Writing Your Essay
Identify each element of the rule	14	(1)
Apply each element to the relevant facts	15	(1)
Write a conclusion for each element and for each rule	16	(5)
Explaining Your Analysis
State and then answer the question	21	(1)
Identify and write each rule that corresponds to the question	22	(3)
Describe the rule accurately and precisely	22	(2)
Explain relevant terms and concepts for the rule	24	(1)
If two possible rules or elements could apply to the problem, use both if you have time	25	(1)
For each element	25	(11)
State (or restate) the element	25	(1)
Explain how the element applies to the facts of the problem	26	(1)
Use as many relevant facts as you can	26	(2)
Explain the relationship between the facts and your conclusion	28	(1)
Use the facts accurately	29	(1)
Use policies	30	(1)
Use common sense	30	(1)
State your reasons accurately and precisely	31	(1)
Make sure your reasons are relevant to the legal rule	31	(1)
State your conclusion	32	(2)
State and respond to counterarguments	34	(2)
Organization, Signposting, and Writing Style
Discuss each issue separately	36	(2)
Discuss each element or factor of a rule separately	38	(1)
Describe the law before you apply it to the facts	38	(1)
Signpost your discussion	38	(1)
Write well	39	(1)
Don't waste your time	40	(1)
Appendix: Sample Essays and Troubleshooting	41
Question 1	42
Question 2	56