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Thursday, July 11, 2024

Essay Writing

For use in a couple weeks:

The Issue: Tell the grader the question that you hope to answer in your conclusion. It should be clear, since there are points awarded for issue spotting. The Rule(s): Imagine the # of rules needed to analyze the legal issue above is "x." Try not to include in your rule statement more than x or less than x. That said, the lesser of the mistakes is to include more than x. In other words, bringing tools to a job that you don't end up using isn't as bad as forgetting to bring tools that you can't complete the job without. But make that a goal: only the rules you need. The Analysis: Take those rules and apply them to the provided facts. Maybe the most common mistake I see when reading essays is that students will sort of think that the work of getting the rules down is over and then treat the analysis as if it's entirely separate from the rules. Refer back to the rules and mirror them in the analysis. Simply doing that will exhibit legal analysis which is exactly what you're graded on. That's why people say "if you don't know the rule, make one up." You can still get points if you analyze incorrect rules. When appropriate, argue both sides because each side will use the same rules to further their own theory of the issue. The Conclusion: Tell the grader which side from the analysis has the better case. Don't be too certain: law isn't calculus with a definite answer. Show some modesty by expressing an element of doubt unless there's absolutely a definite answer.

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