Essay Tip # 2: Analysis

Analysis on a bar exam essay is all about connecting the rule of law you've stated to the facts provided by the bar examiners. If you've connected all the facts provided in the fact pattern to each element of every relevant rule of law that you've stated, you are very likely to score very high on any particular essay.

Let's once again use larceny as an example here. Assume that you've spotted the issue of larceny and stated as your rule that larceny is (1) the trespassory taking, and (2) carrying away, (3) of the tangible personal property, (4) of another, (5) with the intent to permenently deprive the owner thereof.

Your job when analyzing the issue of larceny is to take the facts provided to you by the bar examiners, and prove that each element above has been satisfied. Even the obvious elements should be proven. Though it may seem obvious that the property was taken from another, you should still state the facts in your analysis that prove element (4) above has been satisfied. I advocate numbering the elements in a rule of law for that reason; namely, if each element is numbered, it will be less likely you'll forget to analyze any given element under the pressure of taking a bar exam.

So, which facts show that the taking was trespassory? Which facts show that the property has been carried away? Which facts show that the property taken was tangible personal property? Which facts show that the property was taken from another? Which facts show that the person taking the property intended to permenently deprive the owner thereof?

Leave no element unanalyzed. Take a structured, scientific approach to your legal analysis, and you will surely score many points on your essays.