(Conclusion-Rule-Elements not at Issue) for each problem
(Conclusion-Rule-Analysis-) for EACH issue.
An issue can be:
What Theory applies?
What Rule applies?
What Elements of the rules are met?
What exception to rules apply?
Issue-spotting rests primarily on the ability to recognize and recall
verbatim knowledge
Use the "Rule of Twos": Law school questions that
contain two parallel things of any kind, two parallel parties, two
acts, two statements, should always generate answers with two
separate lines of analysis
Use a checklist system to help develop the skill of issue-spotting
Make a Concise course summary
No more than twenty or twenty five items
Each item has no more than two or three words
Don't get trapped into "plaintiff will argue/Defendant will
argue",
Focus as quickly as possible on the most likely result BUT be
objective where there are alternative arguments that can be made be
sure to make them.
THE BAR EXAM GRADER IS LOOKING FOR OBJECTIVITY.
Recognize the ambiguities in the fact.
Do not repeat the analysis where it would be repetitious.
Merely indicated that the issue has been previously discussed
in the essay.
Point out similarities and differences from the previous
discussion
Be objective, if there are clear alternative arguments,
defenses, etc. discuss them.
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