Outlining and Exam Preparation

AuthorBarbara Glesner Fines
Pages58-61
58
Chapter Five: Outlining
and Exam Preparation
Whether writing an examination answer, counseling a client, or
presenting an argument to a judge or jury, an attorney's first goal is to
communicate effectively. The key to effective communication is
preparation. What should you prepare? Regardless of the setting,
effective communication requires that you know your goals, know
your subject, and know your audience.
Knowing your goals
Your goal on most law school exams is to demonstrate your ability to
use the law in analyzing hypothetical problems. The New York Bar
Exam directions for essay answers are instructive in understanding
what a good answer should include:
An answer should demonstrate your ability to analyze the facts
presented by the question, to select the material from the immaterial
facts, and to discern the points upon which the case turns. It should
show your knowledge and understanding of the pertinent principles
and theories of law, their relationship to each other, and their
qualifications and limitations. It should evidence your ability to apply
the law to the facts given and to reason logically in a lawyer-like
manner to a sound conclusion from the premises adopted. Try to
demonstrate your proficiency in using and applying legal principles
rather than mere memory of them.
An answer containing only a statement of your conclusions will
receive little credit. State fully the reasons that support them. All
points should be thoroughly discussed. Although your answer should
be complete, you should not volunteer information or discuss legal
doctrines that are not necessary or pertinent to the solution of the
problem.

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