Exam Tip - Do Not Just List the Facts
Listing facts is not the same thing as discussing them. True legal analysis occurs when you explain to a reader why a fact (or facts) leads to a legal conclusion. Consider the following examples.
Example 1 - John told the plaintiff, “I will hit you if you come around here again.” Therefore, the battery was not imminent.
Example 2 – John told the plaintiff, “I will hit you if you come around here again.” Generally, words alone cannot satisfy the imminence element of an assault. More specifically, these words merely inform the listener that he might be “hit” at some point in the future. The words “if you come around here again” placed a condition on the plaintiff being struck, which means that the plaintiff might never be struck by John. The fact that John might never strike the plaintiff means that the battery cannot be imminent.
If you were not sure, example 2 is the better answer! This is a somewhat obvious example to illustrate the point. The pattern in the second example – note a fact (or facts) and then explain why you have brought it to the reader’s attention – consistently appears in well done legal analysis.