« on: January 17, 2006, 06:36:28 PM »
There are the 2-5 page fact patterns and then... then at the very bottom most likely it will say discuss any/all claims and or defenses that may arise within the fact pattern. And we're just supposed to have at it.
This question may be hard to gauge and may not come out right but... what is that "thing" that unwritten exam skill that the A students have and the C students will never understand. Is it IRAC? No.. because it doesn't work for all classes and are tailored more for element based classes. What do you do how do you write law school exams?
The key and it has been said over and over again is the analysis... you must know the black letter law but its the ANALYSIS that wins you points. This is hammered over and over again into 1L's brains. How exactly do you learn how to analyze... or what information to analyze??
Let's take an example. Torts... and negligence. Where would you go to find out exactly how to analyze this on your exam? I know that you're supposed to practice writing but what if you don't even know where to start?? I know you're supposed to discuss the reasonable person standard... I know that there's a forumula for causation and proximate cause... where do you uncover or find out that is what you're supposed to apply on the exam?
If you understand my question... someone please shed some light.