Suggestions For Taking Law School Essay Exams
*excerpts from Professor Myron Moskovitz
(with general concurrence of the other GGU professors)
Due to the limited time of law school exams, it's best to go in with a strategy for efficiency. Here are some suggestions:
1)
FIND THE QUESTION: When you read the exam, find the question. Read the facts carefully- so you don't give the right answer to a question not asked.
2)
FOCUS ON THE QUESTION: Your professor wants you to answer the question, not just use the exam as an excuse to show off what you've learned in the course. Everything you write should help answer the question- do NOT waste time on anything that doesn't (ie introductions, background, answering issues that might have been asked but weren't)
3)
WRITE AN OUTLINE: Spend about 1/4 of the time allotted for the exam reading the exam, thinking about it, and preparing an outline for your answer. An outline is not a list- it's an arrangement of the issues on the exam set out chronologically. The major issues come directly from the question, the sub issues come from the rules. Make it detailed!
4)
START WRITING: Follow your outline to make sure your presentation is organized. Use headings!! As you write, briefly explain how each issue you discuss is relevant to the question.
5)
USE IRAC: Issue, Rule, Application/Analysis, Conclusion. You do not need to use the headings "issue", "rule" etc-- just use the structure!
6)
THE ISSUE: The major issues arise from the call of the question- which might raise more than one issue ("Discuss the liability of A and B"). The sub issues might arise from the rules of law that apply to each issue. (Ex: if the issue is whether a contract exists, you also will have sub-issues for whether there was an offer, acceptance, and consideration)
7)
THE RULE: State the rule accurately and completely. No need to site cases (unless Professor indicates you should do so). If there is a majority/minority rule and question doesn't indicate which one to use- apply both!
8)
THE APPLICATION: The largest part of your IRAC is found in your application (and this is where most students have problems). Be sure to examine ALL facts- and, when applicable, give analysis on both sides of the argument. Apply ALL FACTS to ALL ELEMENTS of the rule. Show how those facts apply- or do not apply. You can also do "mini IRACs" where you break down a rule with multiple elements and apply the facts to each element this way (ie: Battery is the intentional offensive touching of another. Break down each element (ie: intent, offensive, touching) and apply facts.
9)
CONCLUSION: Write a conclusion for issue issue right after the application. Your conclusions are not your opinions- they're how the issues SHOULD be resolved. Make it short- no more than one or two sentences.
10)
CONSIDER ALTERNATIVE THEORIES: If your analysis leaves a conclusion open ended- apply other theories that could be applied as well. (Ex: You conclude there was no valid offer because he was joking. If this issue was at all close, you must go on "But if the court finds that he was not joking, then the court would consider whether A did not make a valid offer because A's proposed terms were too uncertain, etc"
11)
PRACTICE, PRACTICE PRACTICE: Don't expect to get the hang of writing exams well right away. It takes time- do not get discouraged!
