law school essay answer

Essay Questions and Short Answers

LEEWS (Law Essay Exam Writing System)

The Law School (Bar) Exam Writing / Study / Preparation System (LEEWS) will help you prepare for and write A exams (B's guaranteed) and/or pass the bar. Wentworth Miller - attorney, Yale law graduate ('77), Rhodes scholar has developed polished for over 25 years comprehensive system of preparation exam taking, applicable to any essay-type in legal subject, that is remarkably effective.

Sample Exams

3 sample law essay exams from the leews primer (with model responses).

[And an example of LEEWS’ effectiveness in practice.]

1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments

Introduction.

• Sample exam — civil procedure (with relevant legal principles and model [LEEWS] response)
• Sample exam — corporations (with relevant legal principles and model response)
• Sample exam — wills (with relevant legal principles and model response)
• Actual law school exam (civ pro), and A+ response by LEEWS grad used as a model for the class (with professor comments)

The  entire grade  (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature.  (You are basically asked to identify and analyze so-called “issues” generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either “closed” or “open book.” The former means you bring nothing into the exam with you (save the “code” in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally “open book” allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, “open book” is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head.

Some professors offer “take home” exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.  Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades.  Ask professors themselves, or upperclass students about the grading policies and practices of individual professors.

There follow three examples of “essay hypotheticals” selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each “hypo” is provided, as the subjects may as yet be unfamiliar to you.

You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow “IRAC.” I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don’t know what an “issue” is, much less how to identify all issues lurking in the fact pattern; you don’t know how to “analyze as a lawyer;” and you don’t know how to present analysis concisely.)

Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or “spot” the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as “lawyerlike thinking.”

Should you find yourself thinking, as you review the model responses, “I don’t think I can ever do that,” unless you have a knack for taking such exams (possessed by only a small handful of students — 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about — for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor.

back to top

SAMPLE EXERCISE 1

Civil Procedure Hypothetical (60 min.)

Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: “Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy’s new titanium Stroker. Be a dear and bring home din-din. I’m going to be in the hot tub for hours.” As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, “I saw that spill, Coris. Not the most graceful move in the world.” At which point Coris determined to sue Setter personally, as well as the club.

Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris’ injury and the destruction of the tennis racquet.

Thereupon followed,  inter alia , the following events and motions:

1 — OFU, Inc. and Setter moved for a change of venue to Queens County.

2 — Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called “nail and mail” service.]

3 — Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 — OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris’ conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.

5 — OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it.

6 — Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.

You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of)  — Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof.

Communications between spouses  — A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper).

Personal Jurisdiction  — Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant’s last known address, and also mailing a copy of same by regular mail to said address (so-called “nail and mail”). A court has held that three attempts at “in hand” service at a defendant’s place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.

Waiver of  — Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.

Requests for admission  — A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted.

Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).

Res Judicata  — Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited.

Claim preclusion  — Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit.

Venue  — Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL

PLANNING PHASE (1/4 – 1/3 of allotted time divided into 10-15 minute intervals)

Preliminary Overview  — Six distinct events/motions. Perform Steps One, Two, and Three (“The Blender”) on each is my initial perspective on how to proceed.  [Always the Steps, always the Steps — a constant way of thinking.]

Step One  —  [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.

[The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:]

1 = Change venue to Queens County vs. keep it in Manhattan County.

2 = Establish personal jurisdiction vs. not.

3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable.

4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.

5 = Have fact admitted vs. not admitted.

6 = Have claim heard in small claims court vs. dismissed.

[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six,  from this point on I shall work on each question to completion before going on to the next .]

Step Two —  [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]

1 = Venue of transitory action is  overriding ,  (i.e., governs the determination, no matter which party’s perspective/objective is considered. See definition of Step Two and footnote, page 104.)

2 = “Nail and mail” service vs. due diligence rule.

[Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.]

3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides.

4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides.

6 =  Res judicata  rules override.

Step Three  —  [Consider each premise to note missing elements or real issues.]

[Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.]

Preview of a logical sequence for discussion  — No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

WRITING PHASE

[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here — 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.]

[Discussion]

Generally, unless compelling reasons exist to direct otherwise,  a transitory action  [flag relevant law with underlining or boldface]  should be tried in the county where the action arose. “Transitory” has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris’ fall and the destruction of the racquet could have occurred anywhere.  [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.]  Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris’ mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly “compelling.”  [Concludes “lawyerlike analysis” — application of law to relevant facts.]

Conclusion : The motion should be granted.  [No hedging, as this seems open and shut.] 

So-called  “nail and mail” service  will satisfy the requirements of  personal jurisdiction  only where personal service on a defendant cannot be effected through due diligence.  [Law.]  It has been held that three attempts at “in hand” service at a defendant’s place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than “twice” unsuccessfully at his place of business.  [Analysis.]

Conclusion: The attempted “nail and mail” service was likely  [Hedging!]  ineffective for lack of due diligence.

Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal.  [Law.]  Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is “after trial.” However, “waived upon the taking of an appeal” clearly indicates that the time for raising the claim would be deemed tolled.  [Analysis.]

Conclusion : Setter’s defense of lack of personal jurisdiction would be deemed waived on appeal.

Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof.  Confidential communications between husband and wife  are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper).  [Law.]  Coris’ statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris’ truthfulness. “Confidential” normally implies private or secret.  [Add clarification, or law, where needed, and appropriate.]  A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual.  [Analysis.]

Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged.

A request for an admission  imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that “negligence” is a legal conclusion, the statement would appear to be an “abstract statement of law.”

Conclusion : Doris’ disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.

A final judgment on the merits  of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris’ action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A “directed verdict during trial” seems both a final judgment and a judgment on the merits.

Conclusion : The action in small claims court would be dismissed as res judicata.

SAMPLE EXERCISE 2

Corporations Hypothetical (50 min.)

The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called “landscape rape” accessories for four wheel drive and other “off-the-road” vehicles, quickly prospered and “went public.” Between 1999, when 100,000 shares were first sold “over the counter,” and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars.  Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.  The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors.  They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured.

Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP’s proposed acquisition of Southeast Asia ski resort options.  In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.  When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative.

Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture.  1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action.  2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit.  3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same.  Meddle immediately moved to quash these actions.

How should the court decide the motions under 1, 2, and 3 above?

RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO

Ultra vires acts — Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority.  Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights — Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper.  A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares.

Shareholder rights of action  — Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.  The latter “derivative action” may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for “nuisance value” settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000.

Indemnification  — Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.  The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.  The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL

PLANNING PHASE

Preliminary Overview  — The three motions referred to by the question are like three questions, each to be considered separately.  [Note the enormous benefit here of skipping over the facts.]

Step One — Conflict pairing(s) :  [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.]  RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question).

Objectives :  [Somewhat confusing, as the sentence immediately preceding the motions reflects three  ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions.  Note that motion #1 also provides Movant RIPCORP’s premises (!!).  Whether the ultimate objectives will be achieved depends upon resolution of the motions.]

1)  dismiss the action versus keep it going;

2)  $25,000 security be required to be posted, versus not;

3)  board indemnification resolution and purchase of insurance be quashed, versus maintenance of same.

Step Two  —  [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit,  each premise must be considered in light of each of Meddle’s objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.]

1)  Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle’s three objectives = potentially nine discussions!!, but probably not.

2)   [Must refer to relevant portions of corporations toolbox.]   The law  [Noted in toolbox only.  Don’t write it in your outline.]  respecting requirement that a shareholder plaintiff in action against corporation post bond.

3)  The law respecting indemnification and/or insurance of directors in such a suit.

Step Three  —  [The motions seem more or less equivalent in weight.  Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response.  Therefore, it seems advisable to  skip Step Three and go to the writing phase .]

Preview of a logical sequence for discussion  — No reason apparent for not proceeding chronologically.

Motion No. 1

Lack of standing/failure to state a cause of action

Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter  “derivative action” can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture.

Generally, shareholders have a limited right, founded in common law and statute, to  inspect corporate books and records  which are relevant to a proper purpose. Courts will determine whether a purpose is proper.  A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares.  M’s 100 shares, presumably grown after ‘”two splits” to 400, constitutes much less than five percent of any class of shares.  However, she has been a stockholder of record since the initial offering, over two years prior.

So-called  “ultra vires”  acts — acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.  Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the  ultra vires act(s) .  Given that RIPCORP’s stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought.

Failure to first make a demand on the board

Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants).  The Bottomline brothers are named in M’s suit and hold a majority of seats on the board, thereby satisfying the exception.

Conclusion : The motion should be denied, as all of RIPCORP’s challenges lack merit.

Motion No. 2

Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for “nuisance value” settlements or counsel fee awards, may require a shareholder plaintiff to post  security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000.  M’s 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.  Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.  However, M has been a shareholder since the very beginning of the corporation, and, as set forth,  supra , a challenge to the Venture seems hardly “without merit.”   [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied.  Given that M’s sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment.   [Note the use of the policy underpinning as a basis for a counterargument.]

Motion No. 3

Generally, a corporate director (or officer) may not be  indemnified  against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof.  The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.  The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.]

M’s action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.  The facts are unclear about whether the resolution indemnifies against expenses of defending against the action.  Assuming,  arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious  ultra vires  aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith.  However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings.

Nothing in the facts suggests deliberate dishonesty or unlawful gain” on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.

SAMPLE EXERCISE (3)

Wills Hypothetical (50 min.)

T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.

Second: I bequeath $100,000 to my brother, Y.

Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z.

In 1998, having fallen out with Z, T properly executed a new will with the following terms:

First: I bequeath $100,000 to my brother, Y.

Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.

In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will.

T died in 2001.  In a probate proceeding the evidence established the following:

1)  Although sober when he made the codicil in 1999, T was “drunk out of his mind” when he executed the 1994 will.

2)  T sold Swayback to a syndicate in 1997 for $200,000.

3)  Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.  One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing.

4)  Y died in 2000.

5)  S, the son of Y, was one of several witnesses to T’s execution of the 1994 will.

Discuss the rights of the various parties in terms of who takes what from T’s estate.

RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL

Ademption  — Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing.

Death of a beneficiary  — A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.  Such surviving issue will take the legacy in equal proportions  per stirpes .

Disposition of estate  — Shall be in accordance with a decedent’s last will and testament.

Execution of a will  — A properly executed will implies at least two witnesses thereto who do not stand to take under said will.

Republication  — A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.

Revocation  — As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator’s property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.

Specific legacy  — A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it.

Testamentary capacity  — Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty.

Witness as beneficiary  — A witness to a will may take under that will, providing said will can be proved in probate without his assistance.

MODEL RESPONSE TO WILLS HYPOTHETICAL

Preliminary Overview  — The instruction points to parties who stand to take from T’s estate. Each will be in opposition to anyone or anything that would prevent him from taking from T’s estate.

Step One  —  X, Y, Z, B, and A  vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T’s estate.  B  v.  Z  seems a key conflict.

Step Two  —  [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling.  Each will likewise seek to defeat a competitor claim.  Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.  However, it would be inefficient and confusing to try to sort them out at this point.  Better to focus on one conflict at a time in the writing phase.  Possibly there will be overlap of premises/discussion.]

Step Three  —  [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response.  My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.]  Ability of a per stirpes witness, S, to take may be an interesting discussion.

Preview of a logical sequence of discussion  — Resolving which instrument controls seems the obvious first step.  Therefore, beginning with B v. Z would seem to make sense.

B and Z’s rights    [This label conforms to the instruction.  B v. Z might confuse.  But I’m  thinking  B v. Z!]

As a general rule, a  subsequent will  that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator’s property, shall be deemed to have revoked the prior willby implication.  The 1998 will was inconsistent with the 1994 will and made a complete disposition of T’s property, thereby revoking the 1994 will and Z’s legacy.

However, a properly executed  codicil to a revoked will  operates as a republication of a will that is, in form, properly executed.  This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.  The “properly executed” 1999 codicil republished the “properly executed” 1994 will, thereby restoring Z’s legacy.  The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will.  There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his  testamentary  capacity in making the codicil.

Although a will may be revoked by means of  physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.  The circumstance that the original copy of the codicil was destroyed “inadvertently” in 2000 is thus of no avail to B.

Conclusion :  The 1998 will is revoked, and B takes nothing.  Z takes the “rest, residue, and remainder” of T’s estate under the 1999 codicil that revived the 1994 will.

X’s rights

An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies.  When an ademption occurs, the legatee takes nothing.  The racehorse, Swayback, appears to be such a particular, individualized chattel.  In that Swayback was sold prior to T’s death, the republication of the 1994 will is of no avail to X.

Conclusion :  X takes nothing from T’s estate, as his legacy has adeemed.

Y and S’s rights

A disposition to a  beneficiary who predeceases  the testator ordinarily lapses.  By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.  Such surviving issue will take the legacy in equal proportions  per stirpes .  Therefore, although Y predeceased T, Y’s son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will.

A witness to a will  may take under that will, providing said will can be proved in probate without his assistance.  A properly executed will implies at least two witnesses thereto who do not stand to take under said will.  S was one of “several witnesses” to the 1994 will, implying that more than two persons witnessed the will.  Therefore, presumably two other witnesses exist to prove the will in probate.

NB:  Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed.  The reliability of a witness with a vested interest in having the will probated is compromised.  Y, however, not S stood to take under the 1994 will.  Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will.  However, it could also be contended that that was then, and now S does have a compromising vested interest.

[This latter paragraph is not necessary.  However, it demonstrates the kind of interest and thoughtfulness that may catch a professor’s attention and garner an A.  Possibly it should be highlighted in some way, perhaps with a red star.  I might even decide to put it on the blank page left at the beginning.  (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing.  However, Y’s intended legacy will go to the son, S,  per stirpes .  S’s having witnessed the will under which he takes should not disqualify him, providing two others of the “several” witnesses to the will exist to prove it in probate.

Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments)

[The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division).  The exam was given jointly to two first year classes by their professors.  Richard ordered the audio CD version of LEEWS.  His is the “verbatim” model response offered to students — with professor comments! — as what was wanted.  His response received the highest grade, one of only two A+ grades.  His accompanying remarks are reprinted in the “Results” section.  Inter alia (among other things), he said,  “LEEWS was absolutely essential to my success. …. The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it’s a pretty good LEEWS exemplar as well.”

We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced “lawyerlike” analysis.

What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present.  For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One.  A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new  and/or unusual.  Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard’s 39 (!!).

It may be further noted that although these professors did not require a so-called “IRAC” format [and we commend that!), Richard’s paragraphed response could easily have been conformed to a “Follow IRAC” instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end.  LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.]

Civil Procedure I — Exam Results — Fall, 2006  (§ 11 = Prof Banks,  § 12 = Prof Entman)

Essays – 45 points Average — § 11  [17.2]; § 12  [16.1]; both sections [16.6] Range —    § 11  [3 – 42]; § 12  [4 – 39]

Multiple Choice – 55 points (35 questions) Average — § 11  [33.70]; § 12  [35.00]; both sections  [34.36] Range —    § 11  [18.86 – 50.29]; § 12  [17.29 – 53.43]

Total – 100 points

Average —  § 11  [50.90]; § 12  [51.09]; both sections  [50.99] Range —     § 11  [22.86 – 92.29]; § 12  [26.29 – 83.00]

Average Grade – § 11  [2.33] Both Sections  [2.34] § 12 [2.34] A+:  82 and above A :   68 – 82 A- :  64 – 68 B+ : 60 – 64 B  :  56 – 60 B- :  52 – 56 C+ : 48 – 52 C :   44 – 48 C- :  40 – 44 D+ : 36 – 40 D :   32 – 36 F :     0 –  32

INSTRUCTIONS – Read these instructions carefully.  You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions.

Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages — beginning with this page.  Part I consists of  problems calling for written analysis.  Part II consists of 35 multiple choice questions.  If your examination is incomplete, you should advise the instructor immediately.  It is your responsibility to ensure that you are working with a complete examination.

The exam is closed book.  You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.  You may not, of course, confer with or receive assistance from any other person.

Part I Your answers for Part I should be written on the paper provided.  Be sure to identify clearly which subpart you are answering (e.g., I. A.).  When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner.

1.  Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling.

2.  If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number.

3.  Write on only one side of a page and leave a left margin.

Part II Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.  Do not staple the answer sheet for Part II to anything.

Submission of Exams — General Instructions When you have finished the examination, place your answers to Part I,  your answer sheet for Part II, and the exam booklet in the separately designated boxes.

All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers.  Do not write your name on anything.

For this examination, unless we have specifically studied to the contrary, you should assume the following:

1.  all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure;

2.  all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;

3.  all states have also enacted the following statutes:

X.C.A. § 1-1-111:  A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person’s

(a) transacting any business within this State;

(b) causing tortious injury by an act or omission in this State;

(c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State;

(d) owning, using or possessing any property situated in this State;

(e) contracting to insure any person, property, or risk located within this State at the time of contracting.

X.C.A. § 2-2-222:  In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant’s home address, or principal place of business, wherever located.

Part I The problems in Part I are worth a total of 45 points. They are not of equal weight.

A. You are now an associate attorney in a law firm.  Respond fully to the following memorandum from one of your employers.  “I Quit” is not a recommended answer.

Memo From: Partner To:     Associate Re:     First Commercial & Industrial Bank v. Isolde Date:  Dec. 11, 2006

[Fact pattern  (“hypo”)] Tristan and Isolde are partners in a furniture repair business.  Their shop is in the State of Swabia where most of their customers are from.  Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.  Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.

In July, 2003, a vice-president of First Commercial & Industrial Bank of Prussia [“First Commercial”] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business.  After receiving a letter at their shop offering the bank’s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.  By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003,  Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial’s main office, located ten miles away in the State of Prussia.  First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000.  The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years.

Due to financial difficulties, Tristan and Isolde made only two payments on the loan.  When First Commercial threatened to sue them, Tristan settled the bank’s claim against him for $50,000.  First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.  First Commercial’s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia.

On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000.  On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia.  In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.  First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there.

[Question/instruction] We represent Isolde.  Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.  Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them.

B. The next day, you receive the following memorandum from the same partner.  Again, respond fully.

Memo From: Partner To:     Associate Re:     First Commercial & Industrial Bank v. Isolde Date:  Dec. 12, 2006

I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail.  She was rendered unconscious for two days.  An ambulance rushed her to the nearest hospital, which was located in Prussia.  Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit.

Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria.  Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction.

Sample Essay Response

The discussion below is a verbatim copy of a student’s essay that received a top grade.  Commentary by Professors Banks and Entman appears in brackets. [LEEWS note:  We reprint this commentary in blue.]

LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of  I ssue to precede the statement of  R ule, and the discussion ( A nalysis). (And  C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of “premise” (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard’s model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g.,  Subject matter jurisdiction  in the opening paragraph,  federal diversity statute  in the next — to assist the professor in recognizing the topic (issue).

Subject-matter jurisdiction.  The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute.  First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties.  First Commercial is a citizen of Prussia.  Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not.  At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.  Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.]   She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see “if she would enjoy” life on her own.  If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.  However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse.

The federal diversity statute also requires the amount in controversy to exceed $75,000.  The $100,000 judgment against Isolde satisfies this requirement. N.B.  [Please do not use abbreviations, including this one.]   This action could not be brought under “federal question” jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff’s complaint arises under the Constitution and laws of the United States.

Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.  However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction.

Personal jurisdiction.  In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person.  Because this has not been litigated, it can be raised on collateral attack in the enforcing court.   [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.  Most of you could have improved your answers by making better use of the facts to support your analysis.  The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action.  Since she did not appear, there is no reason to discuss Rule 12.]   First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia.  N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.  Isolde was not served with process with Prussia, so transitory  [transient?]  jurisdiction does not attach.  Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.  Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision.  [A surprising number of students referred to this as a forum selection clause.  At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer.  Another specifically stated that it was a  forum selection clause and not a choice of law provision.  Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation.  Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person’s demonstrated obliviousness to important distinctions.  Others simply didn’t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.]

Statutory basis.  First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the  enumerated acts: “a) transacting any business within the State.”  The claim for relief, the $100,000 breach of contract, arises from the defendant’s act of entering into the loan contract, which First Commercial will argue was executed on Tristan’s delivery of the loan documents to the Bank’s main office in Prussia.  Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.  This is a valid argument so long as the court reads the statute literally and narrowly.  However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract.   [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.  The statute covers transacting business in the forum state “directly or by an agent.”  Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank.  The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.  You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.  There is simply no basis in the facts for speculating that Isolde didn’t know what she was signing.  Indulging in speculation that she might not have reveals desperation.]

Constitutional Standard.  The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.  The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant’s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice.  Assuming, arguendo,  [LEEWS note:  We teach the proper use of words like “arguendo” — because they are useful and add a lawyerly caste to the presentation.]  that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard?   [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.]    Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party,  Tristan.  Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia.  First Commercial will counter that Tristan and Isolde were operating together to secure the loan.  They reached into the forum when they called First Commercial.  Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently]  foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract.  (See Denckla, Worldwide VW).

While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.  In the alternative,  [In addition?]  can Isolde raise any of the fairness factors, defining “fair play and substantial justice,” articulated in the US Supreme Court’s Burger King decision?  In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures.  The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws.  The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde.

Conclusion.  Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria.  Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

The Supreme Court upheld the traditional transitory  [transient?]  jurisdiction in the Burnham case.  A state is all powerful within its borders, and service of process within a state is usually certain to establish personal jurisdiction over the person served, regardless of whether or not that person has any other contacts with the forum.  However, in the case of a defendant who was served after having been brought into the forum against her will or without her knowledge, there seems to be something fundamentally unfair about asserting personal jurisdiction over that defendant.  There are certain times when people are immune from service of process, e.g. while in the forum under subpoena as a witness.  A plaintiff cannot fraudulently induce a defendant into the form for the purpose of a “gotcha” service of process.  By analogy, it would seem that policy should demand that a person brought into the form unconscious, as a result of a medical emergency, should not be subject to personal jurisdiction as a result of being served with process under those circumstances.

Get LEEWS Now!

Search our site, connect with us.

• 0 Shopping Cart $ 0.00 -->

Want to learn more about law school tutoring with JD Advising? Attend our free tutoring information session on September 5th at 12:00 pm ET to get all your questions answered!

Learn the best strategies to succeed in law school in this free downloadable guide , written by our founder who graduated #1 in her class!

Overwhelmed in law school? We can help! Check out our law school tutoring and law school outlines – our top law school resources that are sure to get you back on track!

Law School Practice Exams and Model Answers | Free Resource

Here, we list multiple  free  resources where you can find law school practice exams and model answers. We highly recommend that you complete several law school practice exams and review the model answers prior to exam day. It is truly what makes the difference between getting a B in law school and getting an A (or even an A+!)

Which exams should I start with? 

Some students start with the exams below, but  before you start reviewing these exams, first see if your professor has any past exams .

The absolute best source of law school practice exams will be the ones written  by your professor  for the  class you are currently in . Why is this the best source?

• You will get a good idea of the format of the exam
• You will see what kinds of issues the professor is looking for (assuming they provide model or sample answers)
• You will understand the professor’s testing style
• You will feel more comfortable on test day

When should I consult the law school practice exams listed below? 

Consult these:

• if your professor does not have any exams on file or
• if your professor does, but you have simply run out of practice exams,  or 
• if your professor includes exams on file but they do not have any sample answers or model answers

If, for example, you have a Constitutional Law professor with 20 years of Constitutional Law exams and sample answers on file, you don’t need to use these resources at all! But if your professor only has a handful of exams on file and you run out, it is a good idea to use these resources.

There are a large collection of resources here. If you find additional resources, please comment below!

We’ve listed several resources below

• Capital University Law School
• Empire College School of Law has  exams  and  model answers
• George Washington University Law School (Contracts, Constitutional Law, others)
• Gonzaga Law School (Torts exams)
• University of Kentucky College of Law  (multiple exams)
• University of Missouri School of Law  has exams but only some have model answers
• St. Mary’s University School of Law  (multiple exams)
• University of Pittsburgh School of Law  (Criminal Law exams)
• University of San Diego School of Law  (multiple exams)
• Contracts exams  with model answers
• 21 questions  provided by the National Conference of Bar Examiners
• 100 free questions  on the free trial of our MBE app

It’s best if you collect a lot of practice exams at once. Ideally, print them or save them by class so that when you are ready to practice exams, you can get started.

Seeking Success in Law School?

• Benefit from personalized one-on-one tutoring by our seasoned law school tutors.
• Explore our NEW and highly acclaimed law school study aids , available for a free trial.

Related posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

• Privacy Policy
• Terms of Use
• Public Interest

By using this site, you allow the use of cookies, and you acknowledge that you have read and understand our Privacy Policy and Terms of Service .

Cookie and Privacy Settings

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

• Privacy Overview
• Strictly Necessary Cookies

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

Get the Reddit app

For current and former Law School Redditors. Ask questions, seek advice, post outlines, etc. This is NOT a forum for legal advice.

For 1Ls: A detailed guide on how the hell you actually write an exam answer once you're sitting in the room, staring at a blank screen

Hi 1Ls! I literally just walked out of one of my finals (UVA 2L) and figured I would share with you some quick tips on strategies for writing the exam itself. There's lots of advice out there around prepping for finals (including one I wrote on here a month ago ), but not as much about when you're sitting in the in exam room. The below advice, in no particular order, is targeted at folks taking traditional issue-spotting racehorse exams; adjust accordingly if your format differs. Closed book = same thing but with memorization (though I've never had one myself so comment if you have).

Getting to Maybe Getting Through the Exam

Many of you will have read Getting to Maybe , a book that has been recommended to 1Ls for decades. There are alternatives, like LEEWS that I've never tried but have heard good things about. Regardless, you don't have enough time to read either of them now; maybe next semester. So here's a quick crash course on what you need to know.

Your professor will have constructed a big, f*cked up fact pattern for each question that they carefully crafted to pull in as many issues from the class as possible and to make the answers to almost any legal or factual question ambiguous. It's your job to spot what they did and lay out the pieces for them, like a puzzle. Start with one issue: in contracts it could be "was there an offer?" In crim it could be "did the guy do the first element of the actus reus the first time the people interacted?" In torts it could be "does anyone have a duty?" Whatever is first in the analysis you've been doing all semester, or maybe whatever happened chronologically first in the fact pattern. Figure out the answer to that question.

Hint: there is probably more than one answer, either because the law is unclear (ex. it's crim and we don't know if it's an MPC or common law jurisdiction and the answer would depend which it is), or because the facts are unclear (ex. it's torts and the employer is liable if the worker is an employee but not an independent contract and we don't know which one he is). This is what Getting to Maybe calls "a fork in the facts" or a "fork in the law." As in, forks in a road. Write down that this fork exists (congrats, you just spotted an issue!) and then move to the next step in each of the two paths. Next we have to consider X if it's MPC, and Y if it's common law. Oh, but wait - X and Y are each also ambiguous. Crap. Ok, so if it's MPC, then it's X, which could be A or B. And if it's common law, then it's Y, which could in turn be C or D. You will continue to uncover these complex, branching chains of ambiguous laws and facts all the way down. Picture it like a flowchart in your head.

Remember to Outline Your Answer

Alright, so it probably seems overwhelming to imagine keeping track of all that. And it can often be. So, I strongly recommend that you outline each of your answers before actually writing. Not only to keep some semblance of structure, but because you'll probably notice interesting little issues and twists and connections to cases you studied while you read the facts, and if you don't write them down there's a big chance you'll forget them when you're scrambling to write an answer. Personally, I use bullet points. As I read the facts, I make bullet points of key facts (typing without looking so I can keep reading) - this is often faster to refer back to than some super long narrative the professor wrote. I'll throw in issues that I notice or cases that spring to mind. Then, I go back through and make bullet points with what I noticed the first time but also take time to think of lots of additional issues and potential connections, and arrange them in some vaguely logical order. This will often take a ton of time - upwards of 15 minutes for a 60 minute question. That's by no means a hard rule, just an example of how much time I tend to devote to outlining (with positive results).

Then, and only then, do I begin to write out my answer in real words. The beauty is that as you type you can use the bullet points as a checklist for what you need to include and highlight the issues and cases as you use them so you don't forget and keep your answer making some sense. Oh, and the headings you use on your bullet points can make great section headers for your actual answer (check with your professor, but most appreciate liberal use of subheaders, like the ones in this Reddit post, so they can follow what the hell you're talking about while grading 50 essays).

There Might Not Be An Answer

What I mean is, sometimes the analysis will lead itself to an actual, correct legal answer (particularly in something like civ pro). But often the professor intentionally writes the question so that there is no final correct answer, only a couple of logical potential answers. Or maybe they'll ask about some issue that you never covered in class, but is related, to see how well you can do applying the traditional analysis to some new fact pattern (good chances you'll see them throwing in facts from some modern case that you never talked about that SCOTUS hasn't actually ruled on yet). This is totally OK. Don't freak out when you can't come to a final conclusion. Hell, some of my professors explicitly say they don't give points for conclusions (though see below about professor preferences).

Timing, timing, timing. That's the name of the game. Much like the LSAT, if you had unlimited time everyone would get everything correct eventually, so most professors design exams that are near-impossible to get perfect within the time allotted. Depending on what procedures are allowed, I strongly recommend having a timer immediately next to you on your phone or computer so that you can constantly stay aware of how much time you have left. When the exam starts, quickly check if your professor has given recommended times for each question. If yes, note at what mark on your own timer you should be switching questions! If not, see if they assign relative point values - weight the time for each question accordingly. If no information is given, assume equal weight and divide the time accordingly.

Once common mistake that 1Ls make is to waste too much time on the earlier questions and fall short in the later ones. Be aware of this phenomenon and try to rush the early questions a little bit to compensate (if you finish the later questions early you can always circle back to elaborate, but you can't get that time back if you fall short at the end). Similarly, don't get bogged down in super tiny issues or questions marked for limited amounts of points. Do your best with them and then move on to bigger fish (again you can come back later). If you find yourself reading your outline or god forbid class notes for more than 5-10 seconds looking for something, be alert to trouble.

Mention the Easy Stuff and Show Your Work

You will automatically notice all sorts of basic facts and issues with your smart lawyer brain, particularly on basic things that you've covered since day one. DON'T FORGET TO WRITE THOSE THINGS DOWN. The professor won't give you a point for something that isn't on the paper. Similarly, show your work on every single step. The exam answer should be like an exceptionally well-structured stream of consciousness as you vomit your knowledge onto the page in all its glorious detail.

Remember Your Audience

Finally, remember that your audience is the professor. They are judge, jury, and executioner for your exam (oh, but if they specify a role for you in the fact pattern, make sure to play along with the formatting - they like that). The law isn't what the law is, the law is what the professor said it was, which is hopefully what the law actually is. Each professor will have their own quirks and preferences, and if they don't announce it openly (many do), you should just ask them. Some appreciate concise answers and get pissed when you ramble about irrelevant stuff, others want you to dump everything you ever heard about con law onto the page. Some don't give a shit about final conclusions, others explicitly want you to at least guess at a conclusion and tell them why. Whatever their preference is, you should figure it out. You will also have noticed details about their research interests, politics, and other clues that might help you pander to them in an answer. For example, my crim professor LOVED policy discussions and would get real deep on things like purposes of punishment and questions of should we punish X as a society. So, on the exam she will award brownie points if you bring up policy arguments for everything in your answer, even if they're throwaway lines. Others maybe wouldn't care.

Remember Your Health

Oh, actual last thing. As you've probably realized by now, this is a marathon and you or many of your classmates may have burned out by now or are quickly getting to that point. So be sure to keep up your health even during actual finals period. I'm not going to give you some "health is more important than grades" speech because you're all Type-A people who won't listen. So instead, I'll point out that your health has a direct impact on getting better grades, especially sleep. Trust me, if you walk into the exam well-rested, well-fed, and properly caffeinated (and not hungover), you will do miles better than if you're tired, malnourished, over or under-caffeinated, etc. Ditto for exercise. The same super complicated rule that you can't figure out one day will be easy-peasy cake the next if you can get some sleep and get your shit together. If your body and brain are in good shape you'll be spitting out exam answers like a god. Also, you know, health is important for life in general.

EVERYTHING WILL BE OK

If you made it to the end of this post, it's probably time for you to get off Reddit and back to studying (and time for me to go back to figuring out how the hell Evidence works). Hopefully something in here was helpful to you when it comes to sitting down for the exam. If you have questions or just want a shoulder to cry on, feel free to comment or PM me. I'd also love additional comments or critiques from other non-1Ls!! Do your best, take a deep breath, don't be anxious (highly counterproductive!), and look forward to winter break. It will all work out in the end.

By continuing, you agree to our User Agreement and acknowledge that you understand the Privacy Policy .

Enter the 6-digit code from your authenticator app

You’ve set up two-factor authentication for this account.

Enter a 6-digit backup code

Create your username and password.

Reddit is anonymous, so your username is what you’ll go by here. Choose wisely—because once you get a name, you can’t change it.

Reset your password

Enter your email address or username and we’ll send you a link to reset your password

Check your inbox

An email with a link to reset your password was sent to the email address associated with your account

Choose a Reddit account to continue

How to Effectively Answer Law Essay Questions

I remember my first semester 100 level exams. I was just fresh from secondary school/JAMBITE, but I thought law exams were the same with secondary school exams. Heck, I didn’t even know that law exams were only theory questions. I was expecting to meet some objective questions, until I saw my exam questions.

Well, during the exams, I wrote what I could, and was confident my results would be awesome. After all, I had read for the exams well enough, and I used to think I was kind of intelligent.

I was in for a rude shock.

While I was in 100 level at the University of Ilorin, they still pasted everyone’s results on the notice board. So, when I heard the first result was out, I and a lot of my “fresher” colleagues went to check our results. I was expecting an A, or worse, a B.

I located my matric number on the pasted list and checked my first result. I had a C.

I was surprised, but I felt it was my first result, the others would be better.

The other results started trickling in. With each result pasted on the notice board, I realised I wasn’t so special after all. I had a series of C’s. For my 100 level first  semester results, out a total of 10 courses, I had just one A, two B’s and the rest were C’s.

I was dejected, along with most other “freshers” that received this glorious welcome to Faculty of Law, University of Ilorin.

Instead of blaming the poor results on the indiscretions of my lecturers, I knew something had to be wrong with what I wrote. So, I asked for help. I asked a scholar(the best student in a level) in 400 level at the time, Adekunle Charles , to show me how to answer law questions. He showed me the way, and I can tell you that my results improved dramatically.

So, I am going to teach you exactly what he taught me, how to answer law exam questions. I will be focusing on law essay questions in this post.

What are Law Essay Questions?

There are two major types of law questions, essay questions and problem questions. Law essay questions require you to write an essay. Unlike problem questions that require you to advise parties in a scenario.

We have all been answering a level of essay questions right from secondary school, so it shouldn’t be new to you.

The following is an example of a law essay question:

There have been a lot of arguments for and against the principle established in the popular case of Adams vs Lindsell . Expatiate, through the cases.

To answer law essay questions properly, it must follow four rules. It must have The Introduction, The definitions, the body, and the conclusion.

Answering Law Essay Questions Rule 1: The Introduction

The introduction to your law essay question is the part where you let the lecturer know what the answer is all about.

In this part of the question, you shouldn’t directly go into answering the question. Instead, you are allowed to beat about the bush a little bit. Start with a general statement and then become more specific. At the end of the introduction, you should talk about the law essay question you intend to answer.

As an illustration, this is how the introduction to the sample law essay question above should look like:

The importance of feedback in the formation of a contract cannot be over-emphasized. It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In a lot of instances, this isn’t really a problem since the offer and acceptance is done in real-time (face to face). However, there are instances where it isn’t in real time, like when the communication is done by post. In this type of situation, due to the process of posting a letter or parcel, the communication between the parties can experience some delays. This has posed some problems, like “when is an acceptance valid?” Upon posting, or upon reception? One principle that has been developed by the courts to solve this problem is the rule in Adams vs Lindsell . This work is going to analyse this rule and talk about the criticisms levelled against it, with special attention being paid to case law.

Answering Law Essay Questions Rule 2: The Definition

This is the part of the question where you give a definition to the major terms/keywords in the question. It is not necessary that it has to be a “term” per se. For instance, in the sample question I gave above, the major term is Adams vs Lindsell .

So, what you should do at this stage is to define the rule in Adams vs Lindsell . Since this is a case, you should talk about the facts of the case.

Your answer can go something like this:

The rule in Adams vs Lindsell is generally referred to as acceptance by post. The rule in  this case was propounded by Lord Ellensborough in 1818. In this case, the defendant offered to sell some wool to the plaintiff. The defendant sent their offer by post. Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought to have gotten the reply by September 7. So, when the defendant didn’t get a reply on September 7, he sold the wool to a third party on September 8. The plaintiff’s acceptance finally got to the defendant on September 9. Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of contract. The major contention was when the acceptance would be valid. On the plaintiff posting it, or on the defendant receiving it. The court held in favor of the plaintiff that when it comes to contracts conducted by post, acceptance comes to fruition at the time of posting, not at the time of receiving.

Answering Law Essay Questions Rule 3: The Body

This is the major part of the answer to the law essay question. It is in this part of the answer that you demonstrate  your understanding of the question and knowledge of the subject matter. In a lot of instances, what differentiates an A student from a C student is the fact that an A student cited more authorities in this section of the answer.

Using the sample question above, this part of the answer to the law essay question will look something like this:

Since the inception of this rule, there have been numerous arguments for and against it by jurists, scholars, and judges alike. In the case itself, the court, in justifying its decision stated that if acceptance wasn’t complete on posting, then there is the need for the offeree to require the offeror to inform him that he had received his acceptance, and so it  goes on  ad infinitum . Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell . According to him, the process doesn’t have to go on  ad infinitum.  The offeree can assume that a contract has come into fruition when the offeror receives the letter, the same way the the offeror has to assume that there is a binding contract when, and if, the offeree posts a letter of acceptance. In the subsequent case of  Household Fire Insurance Co vs Grant ,  the court gave some other concrete reasons for the adoption of the rule in  Adams vs Lindsell .  The facts of this case are as follows. The defendant applied for shares in the plaintiff company, and the plaintiff company assented by posting a letter. However, the letter didn’t get to the defendant, and as such, he didn’t know that the company accepted his offer. When the company got into liquidation, he was called upon to pay up his share. He resisted this, and thus the case was brought before the court. The court, in applying the rule in  Adams vs Lindsell ,  held  that he was liable to pay up his own shares, since a binding contract came into existence the moment the company posted its acceptance, regardless of the whether or not he received the letter. In justifying the acceptance by post rule, the court gave the following reasons: The post office is an agent of both parties. So, technically, a letter given to the post office is deemed communicated to  the offeror. By posting the letter of acceptance, there is already a valid and binding contract. There is no need for any other act to bring the contract to fruition. The offeree has merely assented to the offeror’s proposals. The offeror is free to make it a term of the contract that there  is no valid acceptance until he receives it. Any alternative rule would lead to fraud and delay in commercial transactions because the offeree would have to wait for confirmation from the offeror that he has received his acceptance. The rule is the most convenient compared to all other alternatives. However, the court’s decision was not unanimous. There was a dissenting judgement by Bramwell, L.J. He contended that if the basis of the rule was that it would cause hardship on the offeree, who might have already made arrangements based on the acceptance of  the contract, there is also hardship on the part of the offeror who might act on the belief that his offer was not accepted. This is even more relevant where the offeror didn’t receive the acceptance like in the present case. All this goes to show that the rule in  Adams vs Lindsell   isn’t one that enjoys unanimous consensus in the legal community. Recent decisions by courts in the United States suggest a shift away from this rule of acceptance by post. In the case of  Rhode Island Tool Co vs US F. Supp. 417 (1955) ,  the plaintiff’s made an offer to sell some bolts to the defendant. The defendant accepted by post, but the plaintiff discovered that they had quoted a very low price. To remedy this, they sent a telegram to the defendant revoking the offer. The telegram got to the defendant before the posted acceptance got to the plaintiff. The court held that the offer was validly revoked since the telegram got to the offeree before the plaintiff received the letter of acceptance. A similar thing happened in the case of  Dick vs US F. Supp 326 (1949) .  The facts of this case are quite similar to the facts in the above case. In this case, the offeree was the plaintiff and after accepting the offer by post, sent a telegram withdrawing it. The telegram got to the defendant before the letter of acceptance, and the court held that it was a valid revocation.

Answer Law Essay Questions Rule 4: The Conclusion

The conclusion to the law essay question is the final part of essay (just like the name suggests). There are two major ways you can conclude the essay: either by summarizing what you have written, or by giving a recommendation/comment.

To be on the safe side, you should just conclude by summarizing what  you have written. You should also make it clear that  you are concluding by including the phrase “In conclusion” at the beginning of the conclusion.

So, this is how the conclusion to the sample question would look like:

In conclusion, this work has highlighted the evolution of the rule in  Adam vs Lindsell  with special attention given to case law. This work highlighted the establishment of the rule, the justifications given by the court for this rule, and the criticisms against this rule. It finally showed a departure from this rule in other jurisdictions like the USA, due to the impact of new technology on commercial transactions.

Here’s the full answer to the essay question

So, this is how you should answer a law essay question. If you want to get a full picture of what the answer to the essay question looks like, here you go:

The importance of feedback in the formation of a contract cannot be over-emphasized. It is trite that every contract needs to have an offer and acceptance, and there is the need to communicate the offer and acceptance between the parties. In a lot of instances, this isn’t really a problem since the offer and acceptance is done in real-time (face to face). However, there are instances where it isn’t in real time, like when the communication is done by post. In this type of situation, due to the process of posting a letter or parcel, the communication between the parties can experience some delays. This has posed some problems, like “when is an acceptance valid?” Upon posting, or upon reception? One principle that has been developed by the courts to solve this problem is the rule in Adams vs Lindsell . This work is going to analyse this rule and talk about the criticisms levelled against it, with special attention being paid to case law. The rule in Adams vs Lindsell is generally referred to as acceptance by post. The rule in  this case was propounded by Lord Ellensborough in 1818. In this case, the defendant offered to sell some wool to the plaintiff. The defendant sent their offer by post. Due to an error in the posting, the letter got to the plaintiff on the evening of September 5. The plaintiff posted an acceptance the next day. If the letter was posted correctly, the defendant ought to have gotten the reply by September 7. So, when the defendant didn’t get a reply on September 7, he sold the wool to a third party on September 8. The plaintiff’s acceptance finally got to the defendant on September 9. Since the defendant had already sold the wool to a third party, the plaintiff sued for breach of contract. The major contention was when the acceptance would be valid. On the plaintiff posting it, or on the defendant receiving it. The court held in favor of the plaintiff that when it comes to contracts conducted by post, acceptance comes to fruition at the time of posting, not at  the time of receiving. Since the inception of this rule, there have been numerous arguments for and against it by jurists, scholars, and judges alike. In the case itself, the court, in justifying its decision stated that if acceptance wasn’t complete on posting, then there is the need for the offeree to require the offeror to inform him that he had received his acceptance, and so it  goes on  ad infinitum . Scholars like Professor Sagay have disputed this justification of the rule in Adams vs Lindsell. According to him, the process doesn’t have to go on  ad infinitum.  The offeree can assume that a contract has come into fruition when the offeror receives the letter, the same way the the offeror has to assume that there is a binding contract when, and if, the offeree posts a letter of acceptance. In the subsequent case of  Household Fire Insurance Co vs Grant,  the court gave some other concrete reasons for the adoption of the rule in  Adams vs Lindsell.  The facts of this case are as follows. The defendant applied for shares in the plaintiff company, and the plaintiff company assented by posting a letter. However, the letter didn’t get to the defendant, and as such, he didn’t know that the company accepted his offer. When the company got into liquidation, he was called upon to pay up his share. He resisted this, and thus the case was brought before the court. The court, in applying the rule in  Adams vs Lindsell,  held  that he was liable to pay up his own shares, since a binding contract came into existence the moment the company posted its acceptance, regardless of the whether or not he received the letter. In justifying the acceptance by post rule, the court gave the following reasons: The post office is an agent of both parties. So, technically, a letter given to the post office is deemed communicated to  the offeror. By posting the letter of acceptance, there is already a valid and binding contract. There is no need for any other act to bring the contract to fruition. The offeree has merely assented to the offeror’s proposals. The offeror is free to make it a term of the contract that there  is no valid acceptance until he receives it. Any alternative rule would lead to fraud and delay in commercial transactions because the offeree would have to wait for confirmation from the offeror that he has received his acceptance. The rule is the most convenient compared to all other alternatives. However, the court’s decision was not unanimous. There was a dissenting judgement by Bramwell, L.J. He contended that if the basis of the rule was that it would cause hardship on the offeror who might have already made arrangements based on the acceptance of  the contract, there is also hardship on the part of the offeror who might believe that his offer was not accepted. This is even more relevant where the offeror didn’t receive the acceptance like in the present case. All this goes to show that the rule in  Adams vs Lindsell  isn’t one that enjoys unanimous consensus in the legal community. Recent decisions by courts in the United States suggest a shift away from this rule of acceptance by post. In the case of  Rhode Island Tool Co vs US F. Supp. 417 (1955),  the plaintiff’s made an offer to sell some bolts to the defendant. The defendant accepted by post, but the plaintiff discovered that they had quoted a very low price. To remedy this, they sent a telegram to the defendant revoking the offer. The telegram got to the defendant before the posted acceptance got to the plaintiff. A similar thing happened in the case of  Dick vs US F. Supp 326 (1949).  The facts of this case are quite similar to the facts in the above case. In this case, the offeree was the plaintiff and after accepting the offer by post, sent a telegram withdrawing it. The telegram got to the defendant before the letter of acceptance, and the court held that it was a valid revocation. In conclusion, this work has highlighted the evolution of the rule in  Adam vs Lindsell  with special attention given to case law. This work highlighted the establishment of the rule, the justifications given by the court for this rule, and the criticisms against this rule. It finally showed a departure from this rule in other jurisdictions like the USA, due to the impact of new technology on commercial transactions.

So, here you have it, a guide to answering law essay questions. If you follow these guidelines, you should see an improvement in your grades. If you have any questions related to this, feel free to drop a comment.

P.S: If you are interested in an online course that makes it easy for you to get A’s in your law exams, you can check it out here:  Get Access to Ace LL.B Exams

77 thoughts on “ How to Effectively Answer Law Essay Questions ”

Nice one bro. But between cramming the materials given by lecturers or understanding the material which one might likely improved one’s chance of getting good grade in essay questions from your own experience.

In law exams, there are some things you have to cram. Things like the cases and statutes. For the explanatory part of the note, it’s best you understand it.

its so excited for me to find this most simple blog for law student as a guide, tnx so much, may the sky be your limit

Where can I find the statutes and cases book? I’m a political student

Thank you. This really helped Can you post the one of problem questions

Thank you so much for taking out time to be a silver linen in the dark clouds of a law student who now, understands better how to answer law questions. The time you took to practically explain this using the Adam V Lindsell case is not a waste. I duff my hat sir.

This is really useful and m gonna attempt this semester’s exams in this way. Thanks sir.

TThank you.Please I need tips on problem question.

I’m currently working on a blog post that covers that

Thank you.I will be glad if that is done in no time.

Wow!!! This is beautiful. Please what about problem question? My exam’s two weeks from today

I’m currently working on a blog post on how to deal with that. It should be out before your exams.

Where can i find it?

Here: https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

wow! this is wonderful and great. this sample has taught me a better way of answering law essay question seriously. bro you are good honestly.

Thanks. It’s cool that I’ve been able to help.

Thank you very much sir. I have understood the format now. But however, if a topic that doesn’t have cases. Is it wise or necessary to find cases to relate to such topics. For instance, Legal reasoning in judicial process.

There are always cases for all topics. You just need to know where to find them. Besides, no case is specifically designated for a subject, you can use any case, as long as it is relevant.

Thanks bro, my inquisitiveness to studying law brought me to your site. Pls how do I make my dream come true. This is my nineteen years of secondary education. I have NCE N B. ed in pols n edu. Mgmt.

Eeeermmm… Have you applied to any university offering law?

Thank you so much. This has helped me greatly

You’re very welcome

Thanks bro, looking forward to that post on problem question. This is appreciated.

im inspired, this is really excellent, though it looks like a lot of work and memorization, but it was really helpful. Thanks

Thank you so much for this great Tips. have been reading it over and over again.

You’re very welcome. I’m glad to have been of help.

This is really helpful. Thanks and job well done.

Thanks a lot Mr Olamide More strength to your elbow

I am becoming more addicted to your blog, ‘barrister’ Olamide ? . Do not stop at anytime. Let’s keep flying

Thanks a lot bro.

Hello Olamide. Thank you for this comment but i really need your help for something person as regards to law. How can i reach you pls? Thanks

Send me an email.

Am very greatful for the advice you have given it’s really great. A concern: is it always a must to cite case laws when answering law questions? And what happens when you only remember facts oof the case and you don’t rremember the parties?

Cases and statutes are what separates the work of a law student from that of a sociologist or political scientists. It is quite essential that you try to cite case(s) or statutes when writing a legal piece, as they give it more authority.

It would be ideal if you remember all. But if you can’t you can just write “in a decided case”. This might not give you full marks, but you’ll still get something.

Thank you very much for the advice am really greatful

I am a law student in Ghana KNUST. It is great work you’re doing. Though most of your posts are Nigerian Law, the ones that are general is helpful to me. Thank you.

You’re welcome. I’m glad to have been of help.

A big thank you Barr Olamide this article was really helpful a lot of Law student doesn’t know how to answer law essay question but by the grace of God we will try as much as possible to adhere your tips…my regards

please, what website can I get access to full law cases from.

You can check lawpavilionplus.com. However, you have to pay.

Thanks What of problem question

Check this out https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

Thanks for the advice But what if u are not so good in beating around the bush to make your answer look more interesting I usually just go straight to the point cause of time factor and I really can’t even do it.

The “beating about the bush” part is the introduction part of the answer. It should just be like one paragraph.

Thanks What of how to answer problem question

I have called so many to help me in answering both Essay wand problem questions in law but I think this most helpful. I need other hint on answering problem questions in law, I mean in addition with the one you’ve already provided. Thank you .

do you have to identify each section by the heading; For example 1. Introduction 2. Definition 3.Body 4.Conclusion in order to delineate these sections for the attention of the marker.

No, you don’t need to identify that. IDBC is just a framework you should have at the back of your mind when writing exams.

Please can you make a write up to writing a very good memorial for should I say guidlines to writing a very strong legal arguements. In relation to moot and mock. Thank you

Thanks for the feedback. I’ll consider it.

Am really impressed at you strive towards making a soft landing for prospective and present law student generally. In some instances,what if the question is not possessing this semblance for example “Discuss the duty of a counsel to the court” In the abovementioned question what will be the definition part?

And also if am asked to answer a short question like “the relationship between law and morality” do I still need the IDBC format?

Lastly,Is this format of answering questions only applicable in legal methods or it can serve all law essay questions?

I will be glad if you can answer me respectively…?

Thanks so much I’ve learnt a great deal, please can you post that of problem question? God bless you.

Good evening, Please I want you to out me through a law assignment (Principles of equity). The question is: ” Critically examine the contribution of equity to jurisprudence”

Thank you very much sir i have really learnt so much from your work today and i believe that before the end of this semester my grades will improve and also my knowledge and understanding on how to answer problem questions and law essay questions will improve. God bless you sir.

Please can I get your username on social media platforms…I would love to know you…you dont know how much this write up just helped me

I’m glad to have helped. I’m not so active on Social Media though. However, you can connect with me on linkedin here https://www.linkedin.com/in/olyray/ and twitter here https://twitter.com/olanrewajuolam6 . ALso, check my author bio for other social media platforms.

Okay..please can I get some materials on human rights..precisely regional protection of human rights…I can’t seem to permutate it to my satisfaction

I don’t think I currently have materials on that.

Pls can I get past questions for introduction to legal method and introduction to Islamic law

I don’t really have that at the moment.

zainab you are here…… wawu i never believed til now

Mr.Can you please help me with this: A was driving along Lagos Ibadan expressway on the 24th July, 2020 and he got to Interchange at about 5am, he then saw a BMW 2015 model under the bridge with a tag ‘for sale’. He called the no on the tag and bought the car at the rate of #500,000.00. two days after, as he was driving the vehicle on Lagos Island, he was stopped by the Police and was arrested for a stolen vehicle. He later located the seller who was also arrested by the police, he was released on bail and the vehicle was recovered from Mr A being a stolen vehicle. Mr. Intend to sue the seller for the refund of his money or to sue the police that he bought the goods in accordance with Sales of Goods Act. 1. Please advise Mr. A 2. Will your advise be different if Mr. A had bought the car at Ladipo Car Market?

Interesting and helpful will be waiting on problem question too.

Hello. Problem questions are treated here:

https://djetlawyer.com/irac-how-to-answer-law-problem-questions/

Thank you very much sir. It’s a blessings to cross paths with you going through this work. Question. Is it possible to just cite the case without giving facts of that case? For instance as was decided in Shaw v DPP 1962 AC 220 and then you continue with your analysis?

Yes. You can.

Good morning. I’m very new here. This was really helpful, thank you so much for these tips.

I however struggle with problem questions majorly. I would like to know if you have a post on how to answer problem questions??

Wow thank you so much sir. I have really been struggling with answering law essay questions This has enlightened me. I really hope I apply it well

Good morning. I’m very new here. This was really helpful, thank you so much for these tips.

Thank you very much sir . I have finally gotten a well explained answer on how to answer law questions I’m greatful 🙏

Seeing this, I feel like I was not a law student all this while.🥲 Like I’m just being introduced to the course.

Anyway, this is a great help. Thanks man👍

This is a very insightful post, thanks 😊

Is it necessary to put authorities when giving the theories of law?

Leave a Reply Cancel reply

Notify me by email when the comment gets approved.

Join an online course that makes it easy for you to get A’s in your law exams, you can check it out here: Get Access to Ace LL.B Exams.

• Faculty and Staff
• Law School Philosophy
• The Way from Law Student to Lawyer
• Student Reviews
• Fleming's Fundamentals of Law
• Fleming's Siegel Series
• Fleming's Nailing the Bar by Tim Tyler
• Laurie Levenson Books
• Essay - Advanced Analysis for the Bar Exam
• Performance Test Workshop
• MBE Substantive Review - Live via Zoom
• Science of the Multistate Workshop
• California Bar Review
• Bar Review - Premier Tutoring Review
• Bar Review - Repeat Examinee
• Bar Review - Attorney's Test
• Baby Bar Review Workshop
• Baby Bar Bundle
• Baby Bar Final Drill - Free Event
• 1L Boot Camp
• Exam Solutions - Ace Your Finals!
• MBE Substantive Review - Live Via Zoom
• Multistate Workshop - Science of the Multistate
• #1 Legal Exam Writing Workshop
• Performance Test - Harness the Power of the PT!
• Events Calendar
• The Art of Test Taking - TBA
• Baby Bar Final Drill
• Private Tutoring | Bar Exam, Baby Bar, and Law School
• Premier Bar Review & Tutoring

How To Write a First-Class Law School Essay Exam Answer

Every student wants to write a first-class law school essay exam answer.  To excel at law school essay exam writing, you must know and understand the law, spot all the pertinent issues in the exam hypothetical, thoroughly analyze those issues by persuasively applying the law to fact, and provide sound legal conclusions based on your analysis.  These skills are fundamental to writing an outstanding law exam essay answer, and they require extensive law school exam preparation combined with law exam practice.  

Having Knowledge and Understanding of the Law

Knowing the legal rules is foundational to writing a top-notch law school essay exam answer. When working as a law school writing professor, I tested my first-year law students on strict liability involving animals that were the product of crossbreeding domestic and wild animals. When I read all the exam answers submitted, one stood out from the rest because it demonstrated with precision all the essential skills required to produce a superior essay answer. 

The answer demonstrated the student’s ability to state the relevant rules.  The student achieved this knowledge from briefing his cases because briefing assists with not only learning the legal rules but also with the legal reasoning required to apply the rules.  He also attended all his classes, which is important because the class discussions assist with the ability to apply the law.  

This same student utilized the Fleming’s Torts Substantive Law Outline , another important resource in his law school preparation arsenal.  This outline distilled the law and provided him with crisp rule definitions that made their way into his impressive answer.  

By following the law school process and utilizing proper legal resource materials, it was clear this student knew the law and understood which standards to use for what was being tested. As a reader, I did not have to guess at the legal standards when scoring the answer – the content in the exam answer spoke for itself.

It’s Essential to Spot all the Issues In Law School Essay Exams

The next aspect of this student’s first-class law school essay writing was that he spotted all the major and minor issues.  Achieving that put him a cut above the majority of other student examinees who did not.

Many students can spot several of the major issues. However, many miss the minor issues.  Using as an example this strict liability exam, there was a subtle fact that created an intervening factor that arguably could sever liability.  For students who did not spot this issue, their conclusions were flawed.  For the few students who spotted the intervening factor, they set themselves apart from the rest of the class because they recognized the issue, cited the applicable law, analyzed the law to the specific facts, and came to the proper conclusion based on their reasoned analysis. They also received the high score for their effort.

Writing a superior law school essay exam answer is not just about knowing the substantive law – it is about applying the law to facts that raise issues. Thus, a student can know all the law in the world, but if he or she cannot spot issues on a law school exam, there is no chance to demonstrate application, which is the cornerstone to becoming a lawyer. 

Thus, as part of law school exam preparation, I recommend students review practice exams and model answers for issue spotting to increase this necessary issue spotting skill. Integrating law school exam practice into the study process will always lead to higher grades.

Writing Precise and Persuasive Law School Essay Exam Analysis

Knowing the rules and spotting the issues will afford a certain number of points, but in law school essay writing, you can knock it out of the park with precise and persuasive analysis/application of the facts.  

Referring again to the student mentioned above, his outstanding answer utilized all the facts in the exam.  He stated what the facts actually said, and then interpreted the facts within the context of the law. He finished with a reasoned conclusion based on his analysis. 

As a law school professor, I have graded thousands of law school exams. I am always frustrated when I read law exam answers wherein the law student paraphrases the facts because paraphrasing can change the nature of the facts.  It is never a good idea to frustrate the person who is grading the exam answer. Law students must understand that the facts are given as they are for a reason. The facts must be used specifically and in the same language given in the exam hypothetical so they can then be properly interpreted and analyzed when applying the law. 

Another reason why the student referred to above wrote a first-class law school essay exam was because he analyzed the law and facts persuasively.  A problem for most students is writing analysis that is conclusory.  It is conclusory because they are not answering the “why” for each issue.  

To correct conclusory analysis, law students must provide analysis for each element of the rule using the facts in support e.g., “The large goats owned by Mr. Farmer wandered onto Mr. Field’s neighboring property after the lock pulled out from the connector on their pen. The gate then swung open, and the animals entered the neighboring land without that landowner’s knowledge.  Thus, the goats were trespassing livestock.” Here in this example, the student answered why the large goats were trespassing and how it happened.  If you are not writing this way, you must practice by tying the element of the rule and the facts together to answer the “why.” 

When writing a superb law school essay exam, you must analyze the law and facts for each party because the intent of law school essay exams is to train you to think like a lawyer.  As a civil litigation attorney, I not only research the facts and law for my client, but I must do the same for the opposing party because I must be able to anticipate and refute their arguments.  

In the student’s essay exam referred to above, he skillfully argued on behalf of both the plaintiff and defendant. When I read his exam answer, his arguments flowed flawlessly from one issue to the next, addressing the arguments for each party.

Legal reasoning is the method of thought and argument used when applying the rules to the facts. In the crossbred animal case, the neighbor used an electric cattle prod on the animals to try to move them off his property.  The student provided a brief, yet exceptional analysis on behalf of the plaintiff, explaining why an electric cattle prod could incite domestic animals, not only the crossbred animals, to be aggressive.  He had the skill to apply a reasonable argument that extended from the fact pattern in support of the plaintiff’s defense.

Legally Sound Conclusions 

Outstanding law school essay writing requires correct and concise conclusions.  As a grader, I would assign “0” points to a conclusion that began with, “If the court finds . . . ”  or conclusions that did not comport with the reasoning in the analysis.  You are being trained to think like a lawyer, so ultimately you must pick a position and assert it in your conclusion.  Always write conclusions where it’s relevant, as well as an overall conclusion for each call of the question.

Do Not be Afraid to Seek Help Learning to Write Law School Essay Exams

It can be exceedingly difficult for law students to assess their own strengths and weaknesses when developing their essay writing.  Students can also hit roadblocks.  If this is happening to you, I recommend that you discuss your essay exams with your professors because their feedback can be truly enlightening.  They also tend to be very dedicated and enjoy assisting law students, so be courageous and ask for help.  

If you are still having difficulty with exam test-taking after consulting with your professors, private tutors, like those available through Fleming’s Fundamental of Law, are a tremendous resource because they can address and provide direction regarding your specific strengths and weaknesses. 

Work Hard to Master Law School Essay Writing

You must master each aspect of law school essay writing to achieve a first-class exam.  It

takes dedication to learning and applying the facts to the law in a persuasive manner.  It also takes a tremendous amount of practice because you must keep working on developing the skill until you achieve your goal.  Once you do, you will be well on the road to thinking and writing like a lawyer. 

Law School vs. Bar Exam Essay Writing

The law school essay exam principles discussed above are the same for bar exam essays. Bar examiners are looking for the same ingredients in essay exam answers that law professors are looking for in law school exam answers. Thus, when you prepare to take law school essay exams, you are also preparing to take bar exam answers. 

Embrace the law school process because every practice exam you take and every mid-term and final exam you take brings you closer to your goal to pass the Bar Exam and begin your legal career as a lawyer.

Anonymous - September 14, 2022 I need help writing law school exams.

Leave a comment

Comments must be approved before appearing

* Required fields

Be in the know and join our mailing list.

Download Your Free Sample Bar Exam Essay Q&A

Added to your cart:.

• InterviewPenguin.com – Your best job interview coach since 2011

Why do you want to be a lawyer? Best sample answers

Studying law is no walk in a park . You’ll have to sacrifice a lot , and you will typically pay a lot for your degree–for a mere chance of obtaining it. What’s more, the demand for the places in the study program is incredibly high at any decent university offering law degrees . You will compete with many other people in the admission interviews, and unless you convince the committee of your motivation, they will choose someone else, and you will have to try your luck elsewhere, or wait one more year. So, why law ? Why did you choose law as a career?

Let’s have a look at 7 sample answers to the question. I tried to include in my selection a variety of answers, referring to different reasons, including some unconventional answers . Read them slowly, one after one, and consider whether any of them conveys the message you want to convey in your interviews, while trying to impress the admission committee members. Once done, do not forget to check also my notes below the answers, for additional hints on how to stand out and make sure they will remember you once the interviews end, and they decide about the successful applicants.

7 sample answers to “Why are you interested in studying law?” interview question

• I see a lot of injustice in the world . And now I do not talk only about poor countries and inequality we can observe over there. When you have your eyes open, you will see things aren’t much better in the US . Especially in the corporate world, but also in the families. And I’d like to play my part in making things better . I consider specializing either in family law or environmental law , because these two fields are really close to my heart and I consider them incredibly important at the moment , and I also believe there is a lot of room for new quality lawyers, people who can make some difference . I find it fascinating to imagine that I represent interests of people in front of a court one day. And though the road ahead is long, I am motivated and ready to try my best.
• I want to be completely honest with you: money is my main driving force. Let’s look at things as they are. I am lucky enough to belong to the brightest students in my city, and I also enjoy studying and working hard on my skills. With my grades and resume, I could get to almost any college , and study any subject. Because I know I would manage it, and I know they would accept me. So why not to try going for the pinnacle? Lawyers and other legal professionals earn excellent salaries and enjoy a lot of respect in their circles. And I would love to find myself in the same position one day, because I do not dream of earning an average wage. I want to make it big in my career, and provide for my family.
• I find law and excellent match for my personality and strengths . To start with, I have a great memory , excellent communication and argumentation skills. I am also extremely ambitious, but have strong moral codex  at the same time, which I believe is a good combination for any lawyer. And I enjoy talking to people, especially from the business world. That’s why I’d love to specialize in corporate law, and perhaps one day have my own legal office . This is why I want to be a lawyer, and not a doctor for example.
• I see law as a degree which offers one almost unlimited options on the employment market. Sure, the competition is huge. But nowadays, each organization, public or private, need someone with legal knowledge , someone who makes sure they adhere to the laws and regulations and avoid fines, someone who represents them in confrontations with various regulatory bodies. I believe that once I have a degree from your university, I will have many doors open. To sum it up, I see this degree as the best possible start to my professional career .
• Three reasons. First one, love for the field . It fascinates me how a skilled lawyer can save a business millions of dollars, or save an individual from years in prison. Second reason is financial stability . Lawyers do not struggle with monthly bills. And the third, equally important reason, is job security . People and companies will always go to court, needing assistance of legal professionals. Once you establish yourself on the market and get some clientele, you do not have to worry about having little work , or about losing your job…
• I honestly believe that law is such an important part of our life , and basically omnipresent, that each lawyer can make a positive difference in the individual lives of people they work with, and represent in front of the court of justice. The idea of helping people, and at the same time getting excellent compensation for my work , truly fascinates me. I believe you cannot find any other job field with similar characteristics. On the top of that, I am a great student, and have no doubts that I will manage to pass the exams and eventually get my degree. Law is a hard field, but I feel ready to make a great career in the field.
• I’ve always felt this need to help underprivileged people protect their rights. Maybe the main reason is that I also come from an underprivileged family , and I know how hard it was to get some justice, when we needed it the most. What’s more, I just love thinking out of the box , putting things together , and I have great attention to detail. I believe that job of attorney is a perfect choice from someone like me, considering my strengths, career goals, and everything else. And I cannot wait to start.

Special Tip : What if I told you that you can practice your answers to all tricky law school interview questions, getting an immediate feedback from a life-like AI interview coach ? And that you can start doing it for free , and it is a lot of fun too? 🙂 Check out this page on our partner website , Real Mock Interviews, pick a question, enter your email, and start practicing for free , either on your mobile phone or on your computer. Check it out now and see for yourself!

Try to be specific in your answer

I know it is hard to think about your future once you are in your early twenties. You have your entire life in front of you. So many options, but also many challenges this generation faces. Anyway, try to think about your future for a few minutes before going to your law school interview.

What field of law would you prefer to specialize in later on? Criminal, civil rights, family, immigration, or even international law? Once you choose the field, think about the position you’d like to have in it, in ten years from now . Maybe you want to work for a particular company, or on a particular case.

Perhaps you want to represent a particular group of people , or help members of a specific community. And maybe you’d like to start your own legal practice eventually, working for yourself, instead of for someone else. And while your goals may change several times until you earn your degree (if you manage to earn it at all, the average dropout rate at law school is over 20% ), it is still good to have a specific vision for your future , a vision which motivates you, and will help you to handle the heavy workload at school, as well as other challenges. The more specific you are in your answer, the better your chances to succeed. I wish you good luck!

Ready to answer this question? Great! But do not forget to check also other tricky questions you may face in your school admission interview:

• Does your academic record accurately reflect your capabilities?
• Where do you see yourself in five years from now?
• How do you handle success?
• Recent Posts

© InterviewPenguin.com

Privacy Policy

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar
• Skip to footer

Law School Toolbox®

All the tools you need for law school success

A Handy Template for Answering “Hard” Law School Exam Questions

March 22, 2012 By Alison Monahan 7 Comments

If you think about it dispassionately, this doesn’t make a lot of sense.

Why would you jump right to a conclusion, when you know the analysis is difficult? Um, there’s your answer. If it’s hard to do the analysis, it’s tempting to skip it! (Who really likes doing hard things?)

Why This is a Bad Idea

Writing conclusory answers to hard questions is a bad idea for several reasons:

• Professors really hate it. Put yourself in the shoes of your professor. You’ve spent a lot of time writing a fiendishly difficult exam, and you’re feeling pretty proud of it. You read the first answer, which is going okay on the warm-up issues, then it gets to the really hard stuff — the stuff you’re particularly pleased with — and says “Clearly Plaintiff has no claim here.” WTF?!? Seriously? You’re going to skip the good stuff and tell me that “clearly” the potential plaintiff has no claim. I hate you! C+. Next!
• You don’t get very many points for drawing the right conclusions. The point of a law school exam isn’t to get the “right” answer. At best, that gets you maybe 10% of the points. Two students can both get As, and end up with different conclusions on close questions (trust me — happened with two TAs I know). The points are mostly in the analysis. If you want to break it down, it’s probably something like this: issue (10%), rule (10%), conclusion (10%), analysis (70%). If you skip the analysis and jump to the conclusion, you’re leaving A LOT of points on the table.
• It’s more obvious than you think. There’s something odd about an unsupported conclusion — it really attracts attention. If you’re reading an answer, and someone says “Clearly plaintiff has no claim,” what’s your first reaction? Mine’s to ask “Why?” If there’s no answer to that Why?, it’s very, very obvious that you don’t know what you’re talking about. Not a great impression to leave!

So, the next time you find yourself on an exam writing that something is “obvious” or “clearly” the case, STOP and ask a question: Is this really so clear cut?

If not, deal with the ambiguity , and your grades will improve markedly.

A Template for What to Do Instead

Here’s a template for one way to approach difficult issues. It’s in IRAC format, because lots of professors like that, but you can modify at will.

Steps to go through for a “hard” question:

• Identify the issue ( The key fact is… )
• State the rule and how this scenario is different ( Because Plaintiff wasn’t touching the briefcase, Case X doesn’t apply directly. )
• Analyze each side of the argument ( Defendant will argue… Plaintiff will argue… )
• Decide who wins AND explain why ( X is likely to win because… )

Pretty simple, right?

Any time you’re feeling panicked, you can fall back on this template. The most important element is #3: “Defendant will argue…” then “Plaintiff will argue….”

If you can make both sides of the argument clearly , with reference to the appropriate legal and factual ambiguities , your conclusion hardly matters. (Yes, you still want to draw a conclusion, and give a good reason after the “because,” but if the question is legitimately difficult, it’s probably a close judgment call about which way the case will come out, so either way is okay.)

— – —

If you found this helpful, why not sign up for our mailing list , and get similar stuff sent right to your inbox! Just ’cause we like you, we’ll also send you our Top 10 exam tips, for free!

Similar posts you might like:

Why Sample Answers are Law School Gold

You’re Totally Unprepared for a Law School Exam! How to Avoid a Disaster

Do You Need to Write Out Practice Exams?

How to Organize Your Exam Answers

Got questions? Leave them in the comments!

Image by mzacha via stock.xchng .

Looking for some help to do your best in law school? Find out about our law school tutoring options.

About Alison Monahan

Alison Monahan is the founder of The Girl's Guide to Law School , which helps law students and prospective law students get in to law school, get through, and stay true to themselves. Alison is a graduate of Columbia Law School, where she was a member of the Columbia Law Review and served as a Civ Pro teaching assistant. You can find her on Twitter at @GirlsGuideToLS .

Reader Interactions

Legal analysis is more than simply identifying facts that matter on an exam. The writer must demonstrate what it is about the facts or what can be inferred therefrom to show why the rule, element, or standard does or does not apply. Also, the couching of the statement as “A will argue, B will argue” can still be conclusory if the reasoning is not supplied. The fact alone that one side will argue it does not make it any more complete.

Absolutely! However, I would argue the mere act of writing out each side’s arguments will encourage students to think that they might want to do the analysis. In any case, it’s a necessary first step.

My last semester was very much below my A target. I need guidelines to answer law questions.

Some of these posts might be helpful for you: https://lawschooltoolbox.com/law-school-101/#ExamAnswers . Best of luck!

These tips were very helpful to me,and i would like to understand more on the IRAC format, and the 10 exam tips.

Legal writing is bad writing because it is so badly written. Oh wait… sorry, I meant to write, “legal writing is bad” but then had to “law school” the prose to make it sound “fact based.”

Not a big deal… because how absolutely awful legal prose are. See that! The subject came last and I added an unnecessary amplifier for a misplaced adjective- Get it? ha!

One might ask,

‘Why would you jump right to a conclusion, when you know the analysis is difficult?’

One might also write, “The analysis is difficult.”

Of course… no good lawyer would write such a conclusionary (not a real word) statement which one would assume that difficult analysis lends itself to “not jumping to conclusions.”

Yes, this is the common argument made in defense of the horribleness of legal prose: legal prose is somehow different than undergraduate liberal arts arguments because the legal mind must “think differently.” This is really tough analysis so you must not start with a “conclusion.”

While that is “kind of” (but not really) true. You do have to be vague instead of argue a thesis statement- but not true at all because you start by identifying the “issues” and the “rules” that frame your double negatives “but for” the inability to make positive statements (unless asked).

See that, I am writing like a lawyer! I just made a thesis statement while pretending not to make a thesis statement and then digressed into minutia that is stated as a part of a rule.

Ahem! The issues and the rules are not really thesis statements because they are not conclusions.

Never say, “D is liable for hitting P.”

Say, “D is subject to liability for hitting P with a hammer, because D hit P in the head with a hammer, and hitting someone in the head with a hammer is harmful or offensive contact because getting hit in the head with a hammer hurts and/or is offensive.” You say this after stating the rule of course… because god knows, if you don’t repeat parts of the rule in your analysis, then you must not understand the concept.

You must write something like, “C is subject to liability for negligence to J because had C not kicked over the trash can, J would not have fallen down. ‘But for’ the negligence of C, J would not have been hurt by the fall because falling down hurts.” Now, ramble on about actual/ legal cause and add something about proximity/ argue for intervening and lack of intervening causes, for and against proximate causation. Then make the bold conclusion that does not make a conclusion, “C may be subject to liability…”

Congratulations- B plus or better!

See… learn the rules and then write like you are a teenager on LSD explaining something to an alien and you’ll be fine…

Just kidding because I am joking and joking is a form of humor that pokes fun at something because poking fun at something can be funny!

[…] In a nutshell, to break the "too conclusory" habit, force yourself to write down the arguments and counteraguments from each point of view. Yes, it can be tedious but it's what you have to do. Here's a handy template. […]

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Want Better Law School Grades?

Sign Up for Our Exam Tips!

• Privacy Policy
• Terms & Conditions

Copyright 2024 Law School Toolbox®™

Bar Exam Preparation Resources

• About This Guide
• Access Policies & Hours
• Boards of Bar Examiners (Bar Admission Information & Requirements)
• Bar Exam Study Apps
• Bar Examination Review Materials & Questions

Law School Exam Practice Questions & Answers

• Weekly Study Plan
• Academic and Bar Success Initiatives
• Search Our Catalog This link opens in a new window
• Library Home Page This link opens in a new window

Contact A Librarian

212.431.2332

[email protected]

Chat (MS Teams)

Library Hours

PLEASE NOTE : These series contain multiple choice questions designed for law school exams . They are not intended for bar exam study, although they may still prove useful.

SERIES:   Questions & Answers: Multiple Choice and Short Answer Questions and Answers

Questions & Answers: Civil Procedure

Questions & Answers: Constitutional Law

Questions & Answers: Contracts

Questions & Answers: Criminal Law

Questions & Answers: Evidence

Questions & Answers: Family Law

Questions & Answers: Torts

SIEGEL'S SERIES: Essay and Multiple-Choice Questions and Answers

Siegel's Civil Procedure: Essay and Multiple-Choice Questions and Answers

Siegel's Constitutional Law: Essay and Multiple-Choice Questions and Answers

Siegel's Contracts: Essay and Multiple-Choice Questions and Answers

Siegel's Property: Essay and Multiple-Choice Questions and Answers

Siegel's Torts: Essay and Multiple-Choice Questions and Answers

• << Previous: Bar Examination Review Materials & Questions
• Next: MPRE >>
• Last Updated: May 20, 2024 5:25 PM
• URL: https://libguides.nyls.edu/barexam

Location City:    N'yusar, Sankt-Peterburg, Russian Federation (Russia) Name: N'yusar Heliport Local Code: Details Type: Heliport Latitude: 59�50'10"N (59.836111) Longitude: 30�32'03"E (30.534167) Elevation: 20 ft (6 m) Variation: 12.10�E (WMM2020 magnetic declination) 0.18� annual change Helipads: 1 Largest: 39 × 39 ft (12 × 12 m) Related Locations Nearby: Farthest: Find:    beyond   but within    Copyright © 2004-2024 . All rights reserved. The Great Circle Mapper name and logo are trademarks of the . All other trademarks mentioned herein belong to their respective owners. Please see for attributions and further copyright information.       ILAC Method – A Comprehensive Guide In Law Essays A good writer has the capability of making a complex write-up comprehendible. The most common and widely used style of writing a legal analysis, in a way that is easier for a reader to understand and comprehend, following the steps of analysis is referred to as ILAC Method. ILAC Method Stands For ISSUE LAW APPLICATION CONCLUSION. In order to understand a legal analysis, a student needs to follow the given steps- Read the case law thoroughly. Describe the case law briefly. Eliminate the less relevant facts. Sum up the facts together. Spot the central issue in the case law. A student may find difficulties in writing a quality law assignment and making it comprehendible because of the legal language. In this article we are going to discuss ILAC method of writing a legal analysis and tell you how assignment writer can help students in writing a legal analysis. Law essays comprise of a particular situation or case. It is either provided to the students or has been selected by the students themselves. Legal essays are mostly written using the ILAC format. Issue – Issue refers to the concept of the research paper. It basically states the legal question that is to be evaluated. Defining the reason behind the evaluation of the legal perspective, giving the reader a basic idea about what the research paper is all about. Students can seek essay writing help to draft a professional issue while writing a legal analysis. The legal experts who help the students to write an issue for the legal analysis make sure to keep the following points in mind. Key Points To Be Kept In Mind While Writing An Issue For The Legal Analysis The issue should be drafted keeping the best interest of the client in mind. It should be neutral and unbiased. The focus should be on the area and jurisdiction governing the legal questions. For example, there is a business man who is a director of a multinational company. He decides to buy a property for his personal use. But, the company policy states that in order to get a loan he needs to seek approval from the board of Directors. In this scenario the central issue is whether the Director applying for the loan is eligible to apply without the consent of the other directors? And is he violating the AOA of the company by proceeding with his decision? Law – This refers to the legal rule that has to be implemented in the above stated example pertaining to a particular rule or process in the law statutes applicable nationwide, which includes the following factors. Key Points To Be Kept In Mind While Describing The Law In A Legal Analysis The sourcing of the principals of law should be witnessed by case laws and their citations. The legislative laws, legal statutes, precedents along with tribunal decisions should be an authority. In the above mentioned example the ruling statute is “sec-180 of corporation’s act 2001” There is instant essay help available for students. Where students can seek help from legal experts who guide them with these sections and give them in-depth knowledge on the legal system nationwide. This helps the students in selecting the relevant sections for their assignments when writing a legal analysis. Application – This section deals with application of the governing rule dealing with the facts and figures of the case, referring to the following factors- Key Points To Be Kept In Mind While Writing An Application For A Legal Analysis The laws that are used in the case can also be referred to draw a correspondence from the case. Cited cases should be interpreted correlating to the present case in the writer’s own words. The important words need to be highlighted in order to show the inter-relation. This section is used to quantify an argument. In the above stated example, because the Director own a duty towards the organization, he should abide by the set rules of the organization before making any financial transactions. There are cheap assignment writers available online who write legal applications for students keeping in mind all the above points and assists them in deciding which governing rule is applicable in that particular case study. Conclusion- The culmination of the question stated clearly in the legal analysis followed from the application is called a conclusion. A good conclusion should hold the following factors- A conclusion should be a brief written short summary of the judgment. It should be written highlighting the liabilities of the accused. It should have a mention of the penalties imposed. It should also state the compensations to be given out. In the above example the businessman was held accused of violating his duties towards the organization. So, he would be liable to compensate the company with the cost of the car. A conclusion should be written in a way that the case and the judgment is clear to the reader. The writers can seek help from online essay writer to write a simple yet catchy conclusion in order to give a beautiful ending to the legal analysis. Anybody writing the analysis should not forget to revise the introduction and conclusion multiple times post the completion of the research paper to see whether it is relevant or not. Thus, we can say that ILAC style of writing is used to simplify the basic structure of the legal assignment so that readers can easily comprehend it for a better understanding. Students who face difficulties in understanding a legal assignment can easily seek help from SourceEssay essay writers. They have expert legal advisers who are prone to writing assignments on legal analysis. They not only help students write legal assignments using ILAC formats but also guide them to gain knowledge on the legal system. Thousands of students who have stepped into the legal world seek professional guidance in order to gain a better understanding of the ILAC format of writing and write quality analysis for their assignments. Assignment help from SourceEssay has been working towards improving student’s grades leading them towards a brighter future. Leave a Reply Cancel reply You must be logged in to post a comment. 17 Best Law schools in Saint Petersburg Updated: February 29, 2024 Art & Design Computer Science Engineering Environmental Science Liberal Arts & Social Sciences Mathematics Below is a list of best universities in Saint Petersburg ranked based on their research performance in Law. A graph of 91.6K citations received by 19K academic papers made by 17 universities in Saint Petersburg was used to calculate publications' ratings, which then were adjusted for release dates and added to final scores. We don't distinguish between undergraduate and graduate programs nor do we adjust for current majors offered. You can find information about granted degrees on a university page but always double-check with the university website. 1. St. Petersburg State University 2. Peter the Great St.Petersburg Polytechnic University 3. ITMO University 4. European University at St. Petersburg 5. St. Petersburg State University of Economics 6. Saint Petersburg State Electrotechnical University 7. Leningrad State University 8. St. Petersburg State University of Architecture and Civil Engineering 9. St. Petersburg State University of Aerospace Instrumentation 10. Saint-Petersburg Mining University 11. Bonch-Bruevich St. Petersburg State University of Telecommunications 12. Pavlov First Saint Petersburg State Medical University 13. Russian State Hydrometeorological University 14. Saint Petersburg State Institute of Technology 15. Saint Petersburg State Pediatric Medical Academy 16. St. Petersburg State University of Civil Aviation 17. Baltic State Technical University "Voenmeh" Universities for Law near Saint Petersburg University City 174 9 Lappeenranta 269 1 Tartu 296 7 Joensuu 299 1 Helsinki 300 10 Helsinki 306 6 Espoo 316 3 Tallinn 323 2 Tallinn 354 4 Jyvaskyla 395 2 Tampere Liberal Arts & Social Sciences subfields in Saint Petersburg 183 IMAGES A Guide to Answering Law Essay Questions Learn to Write With Our Great Law Essay Example Law School Essay Introduction Guide to Writing a Legal Problem Solving Answer How To Write A "Why This Law School" Essay Law School Exam Essay Format.pdf VIDEO Common law school personal statement issues Differences Between Bar Exam Essay Answers and Law School Essay Answers Uni vlog🫧:Can you survive law school?|Law essays|Orals|Church|Pulling an all nighter Pass the CA (California) Bar Exam How to Improve Your Exam Analysis Mark, Phil and Shuggy's 'Poop Scoop' COMMENTS Essay Questions and Short Answers (docx) Law document from Harvard University, 7 pages, 1 Law: Essay Questions/ Short Answers Name Institution Course Instructor Date 2 Law: Essay Questions/ Short Answers Short Questions 1. The New York criminals' statute is the Penal Law. 2. The United States Code is the federal criminal statute. 3. The law New Duke Law Requirement: Short Answer Essay : r ... New Duke Law Requirement: Short Answer Essay. Application Process. Just a head's up that Duke Law now requires each applicant to submit one to two 250-500 word short-answer essays. This change likely comes from the recent SCOTUS decision on affirmative action. Here are the prompts, which can also be found on Duke Law's website : I am a Law School Personal Statement Expert -- AMA ADMIN MOD. I am a Law School Personal Statement Expert -- AMA. AMA. Hi all! It's Ethan, a writing consultant at 7Sage back again to answer all your questions related to law school essays. In the last four years, I've coached hundreds of people through the writing process for personal statements, diversity statements, resumes, and Why Xs. Create Essay Answer Shells/Outlines For Your Exams : r/LawSchool That means you create 20 essay outlines for each topic, even though you'll only be tested on 5. You would create pre-written answers for each of the 20 topics. These shells of course contain all your rule statements, exceptions to the rule, steps you need to follow, where the analysis goes from one step to the next, and leaves areas for you to ... Me reading BarBri's essay "model answers" : r/LawSchool Reading through the model answers 2 days from the bar and scoring "below passing" on 90% of them was filling me with such existential anxiety so I NEEDED THIS. At the very least, the model answers give you an idea of the format your answer should be in. That structure actually did help me on the bar, I think. Tulane Application Essay(s): 2023-2024 : r/lawschooladmissions Tulane Application Essay (s): 2023-2024. Hello y'all. I am Tulane Law School's admissions dean. I posted a bit here during the peak pandemic years, but have not done so much lately. Tulane's application for Fall 2024 JD Admission won't go live until mid-September, but we've updated our website with our application essay information, and I ... Do law schools teach formulas for how to answer essays? IRAC, man. Issue is what question/problem/issue you are giving an answer to. Rule is what the black letter is, or what the cases hint at. Analysis - the most important part. Take each element of the rule you cited, an apply the facts to each element to show how it was met, or not met. Use "Here" to open the paragraph, and use some form of ... Sample Exams The Law School (Bar) Exam Writing / Study / Preparation System (LEEWS) will help you prepare for and write A exams (B's guaranteed) and/or pass the bar. Wentworth Miller - attorney, Yale law graduate ('77), Rhodes scholar has developed polished for over 25 years comprehensive system of preparation exam taking, applicable to any essay-type in ... Law School Practice Exams and Model Answers University of San Diego School of Law (multiple exams) Stetson University College of Law. Contracts exams with model answers. Multiple-choice questions with answers: 21 questions provided by the National Conference of Bar Examiners. 100 free questions on the free trial of our MBE app. It's best if you collect a lot of practice exams at once. For 1Ls: A detailed guide on how the hell you actually write ... For current and former Law School Redditors. Ask questions, seek advice, post outlines, etc. ... so they can follow what the hell you're talking about while grading 50 essays). There Might Not Be An Answer. What I mean is, sometimes the analysis will lead itself to an actual, correct legal answer (particularly in something like civ pro). ... How to Effectively Answer Law Essay Questions Answering Law Essay Questions Rule 1: The Introduction. The introduction to your law essay question is the part where you let the lecturer know what the answer is all about. In this part of the question, you shouldn't directly go into answering the question. Instead, you are allowed to beat about the bush a little bit. How To Write a First-Class Law School Essay Exam Answer Every student wants to write a first-class law school essay exam answer. To excel at law school essay exam writing, you must know and understand the law, spot all the pertinent issues in the exam hypothetical, thoroughly analyze those issues by persuasively applying the law to fact, and provide sound legal conclusions based on your analysis. These skills are fundamental to writing an ... Why are you interested in law? 7 sample answers + more Three reasons. First one, love for the field. It fascinates me how a skilled lawyer can save a business millions of dollars, or save an individual from years in prison. Second reason is financial stability. Lawyers do not struggle with monthly bills. And the third, equally important reason, is job security. Example Law Essays The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Law Essay Writing Service. A Handy Template for Answering "Hard" Law School Exam Questions Any time you're feeling panicked, you can fall back on this template. The most important element is #3: "Defendant will argue…" then "Plaintiff will argue….". If you can make both sides of the argument clearly, with reference to the appropriate legal and factual ambiguities, your conclusion hardly matters. Law School Exam Practice Questions & Answers PLEASE NOTE: These series contain multiple choice questions designed for law school exams.They are not intended for bar exam study, although they may still prove useful.. SERIES: Questions & Answers: Multiple Choice and Short Answer Questions and Answers Questions & Answers: Civil Procedure. Questions & Answers: Constitutional Law. Questions & Answers: Contracts LL62 Heliport information about LL62 - N'yusar [N'yusar Heliport], SPE, RU ILAC Method ILAC Method Stands For ISSUE LAW APPLICATION CONCLUSION. In order to understand a legal analysis, a student needs to follow the given steps-. Read the case law thoroughly. Describe the case law briefly. Eliminate the less relevant facts. Sum up the facts together. Spot the central issue in the case law. Imperial School of Jurisprudence The school for would-be imperial administrators was founded by Duke Peter of Oldenburg in 1835. The classes were accommodated in six buildings along the Fontanka Quay. After the October Revolution of 1917, the school was disbanded, but its memory survives in the nursery rhyme about Chizhik-Pyzhik . Among the instructors were lawyers of Imperial ... 17 Best Law schools in Saint Petersburg [2024 Rankings] Saint Petersburg 17. Omsk 6. Tomsk 6. Below is the list of 17 best universities for Law in Saint Petersburg ranked based on their research performance: a graph of 91.6K citations received by 19K academic papers made by these universities was used to calculate ratings and create the top. assignment essay homework paper phd report resume review thesis