Exam Tip - Use the Facts

You cannot perform legal analysis without discussing the facts.  There are few absolutes in law school, but including the facts in your answer to essay questions is one of them.  Remember, most law school essay questions are written in the form of a lengthy fact pattern or story.  The facts within these stories create the issues that you must discuss.  Almost every fact in these stories must be reproduced and discussed in your examination answer.  While it is true that your professors will know the facts in the problem, they do not know whether you understand which facts are relevant to resolving each issue.  Including the facts in your answer does not guarantee success on your law school exams, but excluding the facts guarantees that you will perform below your capabilities.

To ensure that the facts are making their way into your essay answers, place a line through each fact as you use it.  Do not cross the fact out so that it becomes illegible, however, because a single fact may be relevant to more than one issue.  After you finish your essay answer, look back at the fact pattern.  If there are facts left over, one of three things has occurred: (1) the facts are truly irrelevant and do not need to be discussed (unlikely!); (2) the facts are relevant to an issue or issues that you have already discussed; or (3) the facts are relevant to an issue that you have not addressed at all.

(Adapted from Succeeding in Law School by Herbert N. Ramy.)