Don’t Lose Points on Law School Exam Essays With This 10-Step Plan

Dear 1L, Follow this 10-Step Plan so you don’t lose points on your law school exam essays.

🔹 STEP 1

Identify the BIG ISSUES.

Isolate each relevant claim and affirmative defense as a “Big Issue.”

—A CLAIM is a cause of action like battery, breach of contract, burglary, etc. Label the person asserting a claim as plaintiff (P).

—An AFFIRMATIVE DEFENSE (AD) is a theory by which a defendant (D) may escape liability/culpability even if P would otherwise make a claim.

 —Lack of personal jurisdiction and contributory negligence are AD examples. Label the person asserting an AD as defendant (D).

🔹 STEP 2

State and explain the RULE for Big Issue 1.

Starting with Claim 1, recite each of its sub-considerations (i.e., what elements P must prove to make the claim, or what factors the court relies on to decide if P can make the claim).

If Claim 1 has three elements, A, B, C, you would write:

“To state Claim 1, P must show A, B and C.”

If the court considers a totality of 3 factors for Claim 1, write:

“To decide if P makes Claim 1, the court will evaluate 3 factors: A, B, and C.”

🔹 STEP 3

Identify the SUB-ISSUES

Take each sub-element/sub-factor separately—ONE AT A TIME—as its own issue for FULL IRAC/CREAC treatment.

E.g., “The (sub-)Issue is whether P can show Element A.”

(If your prof prefers a conclusion up front, leave that blank for now, but remember to fill in at the end.)

🔹 STEP 4

State and explain the RULE for Element A.

Write, “To show A, a plaintiff must __.”

🔹 STEP 5

APPLICATION for Element A.

(a) Make P’s case for why she shows A, using arguments based on facts, logic, case law, and/or public policy (“flc&p”);

—AND—

(b) Make D’s case for why P does NOT show A, using arguments based on flc&p.

🔹 STEP 6

State CONCLUSION on Element A.

Predict how a court would come out on element A and add “because” to explaining the key factors that would sway the decision (and fill it in at the top of the Element A discussion if prof prefers CREAC).

“As to Element A, a court would likely side with [P or D] because __.”

🔹 STEP 7

Repeat steps 1–6 for every other Element (B, C, etc.).

🔹 STEP 8

State CONCLUSION on Claim 1.

Predict how a court would decide Claim 1 based on your outcome for Elements A, B, and C and add “because” with explanation.

🔹 STEP 9

Repeat steps 1–8 for every AD to Claim 1.

🔹 STEP 10

Get likely bonus points for:

—stating how a minority jurisdiction would come out and why;
—using specific examples that prof used in class; and
—stating how a change in certain facts could change outcome.

***

I am wishing ALL law students THE best luck on exams!

💌 Amanda

#Dear1L