Dear 1L: 10-Point Exam Checklist to Make Your Analysis Robust
💌 Dear 1L,
“Your analysis is not robust enough.” That is what law professors think about most of your essays on exams. I ultimately created these 10 steps to avoid that feedback.
▫️ The steps presume that you can identify the major issues that become Claims and Affirmative Defenses, so they are not a panacea, but they should help you write a thorough analysis of the issues.
🔹 1: Identify each Claim and Affirmative Defense raised by the hypothetical.
▪️ See my prior letters for definitions of terms—links in comments.
🔹 2: Starting with Claim 1, state each of its Elements (i.e., what the plaintiff must show to make the Claim).
▪️ I’ve labeled the elements A, B, and C.
🔹 3: Next, begin with Element A. Do a full IRAC.
▪️ You can start with words to the effect of, “The Issue is whether [insert aggrieved party name] can show Element A.”
▪️ If your prof. wants CREAC (or some other acronym with the conclusion at the start as well as the end), leave space and fill out the first “C” after your analyses are otherwise complete.
🔹 4: Explain the Rule for Element A (i.e., what it means to show Element A).
🔹 5: Make the plaintiff’s case for why she shows Element A, using logical:
(1) factual arguments;
(2) caselaw arguments; and
(3) policy arguments.
🔹 6: Make the defendant’s case for why the plaintiff does NOT show Element A, using logical:
(1) factual arguments,
(2) caselaw arguments, and
(3) policy arguments.
🔹 7: Make a prediction for how a court would come out on Element A.
▪️ You might say, “A court would likely rule for __ because [explaining the key factors that would sway the decision].”
🔹 8: Repeat steps 1-7 for every other Element (B, C, etc.) and every possible Affirmative Defense to Claim 1.
▪️ Keep your Affirmative Defense IRAC separate from that of the Claim.
🔹 9. Make a prediction for how a court would come out on Claim 1.
🔹 10. Get likely bonus points for:
(a) stating how a minority jurisdiction court would come out and why;
(b) using specific explanations and examples that your professor used in class; and
(c) stating how a change in one or more facts in the hypothetical would have caused a change in outcome.
FINALLY, move on to the next Claim and repeat all steps.
⭐️ You are not done with the Question until you complete an IRAC for:
—each Element for each Claim; and
—each Element for each Affirmative Defense.
* * *
✏️ You will want to tailor your own essay answers to your individual professors’ preferences and the specific material covered in your course.
But this skeleton should give you a solid framework.
* * *
📫 What questions do you have? What might you add to the ten steps?
Fondly,
💌 Amanda