7/14/2008
The 10 rules of law school
exam‐writing
Adam Babich
Professor of Law
Tulane Law School
1. Don’t Panic!
• Or, panic for just a little while and then
move on.
• Remember: everyone is—more or less—
b i l i
in
the same boat. If, for example, the exam is
too long, you are unlikely to be the only
person not to finish.
• Putting one foot in front of the other can
get you through tasks that seem
get you through tasks that seem
overwhelming when viewed as a whole.
1
7/14/2008
1. Don’t Panic
2. Budget your time!
• If you get stuck, move on.
• If time is short, answer the questions that
are worth the most points first.
• If time is short, answer the easy questions
first.
g gy
• Consider giving yourself time limits.
1. Don’t Panic
2. Budget your time
3. Read the question carefully (and
answer it)!
answer it)!
• Provide a direct answer to the specific
question asked! Look especially at the
end of the question for specific issues that
your professor expects you to address.
• Consider reading the question twice, once
before you start writing and once before
you finalize your answer.
2
7/14/2008
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. Spot the issues!
Spot the issues!
• Err on the side of over‐spotting, but save
more marginal issues for time, if any, you
have left at the end.
• Stay within the scope of the question.
• Use common sense.
• Don’t be thrown off by red herrings.
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. Spot the issues
Spot the issues
5. Analyze the elements!
• This is the key to legal analysis!
• Here is an example of one way to begin on
the right foot:
“Jill i
“Jill is potentially liable for battery.
t ti ll li bl f b tt
Battery is the 1) intentional 2) infliction of
harmful or offensive 3) contact. . . .” [Go
on to analyze each element].
3
7/14/2008
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. S t th i
Spot the issues
5. Analyze the elements
6. Argue the policy where appropriate!
• Especially where the law is unsettled or
analysis of the elements leaves grey
analysis of the elements leaves grey
areas
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. S t th i
Spot the issues
5. Analyze the elements
6. Argue the policy where appropriate
7. Analyze the issues from all sides!
• Unless the question asks you to argue
U l th ti k t
only for specific parties
4
7/14/2008
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. S t th i
Spot the issues
5. Analyze the elements
6. Argue the policy where appropriate
7. Analyze the issues from all sides
8
8. P
Put your analysis on paper!
l i !
• Don’t skip steps in the analysis even if you
consider them to be obvious.
• Remember IRAC!
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4
4. S t th i
Spot the issues
5. Analyze the elements
6. Argue the policy where appropriate
7. Analyze the issues from all sides
8
8. P
Put your analysis on paper
l i
9. Use the correct terminology!
• “Terms of art” are an important part of
communicating legal concepts.
5
7/14/2008
1. Don’t Panic
2. Budget your time
3. Read the question carefully
4. Spot the issues
5. Analyze the elements
6. Argue the policy where appropriate
7. Analyze the issues from all sides
8. Put your analysis on paper
9
9. Use the correct terminology
Use the correct terminology
10. Presentation counts!
• Readers lose confidence in careless writers
and spellers and are unlikely to afford them
the benefit of the doubt on the margins.
