Jeff Minneti Associate Professor of Legal Skills and Director of Academic Success

Objectives Understand 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 Exams Accrue 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 Questions Policy Issue spotting

Policy Question Identify the policy interests that arise from the question presented Critical Legal Studies Law and Economics Separation of Powers Judicial efficiency Explain the connection between the policy interests and the question Consider the implication of the policy on other social institutions Sociology History Business interests Education

Policy Interest Assessments

Issue Spotting Read the call of the question Identify and list the legal or factual issues presented Skim the facts Critically 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 Spotting In 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 rules Outline your response, ordering the issues you will address

Think of the law as a magnet...

Legal Analysis Two step Process: (1) Explain the law; (2) Apply the law

Legal Analysis wax-on-wax-off/ wax-on-wax-off/

Legal Analysis First 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 Analysis Second 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 Analysis Explain law Accurate Complete Precise Concise Apply law Discuss the link between the legal test and the facts Use because Address counter argument Discuss legal significance of conclusion

Legal Analysis Use of Case Law Analogy is NOT argument If 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 Review Your job? How do you do it? Steps in Legal Analysis? Attributes of strong Legal Analysis?

Practice Frequently 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