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After years of experience
working with law students and Bar candidates, Bar Made Easy is proud to
present our:
How To Take A Law School And Bar
Essay Exam©
1.
Timing
Write down your predetermined time allocation on your scratch or outline
paper. For a one hour hand written exam, we recommend you outline for 20
minutes and write your answer for 40 minutes.
If you are a laptop student (which is our preferred choice), we recommend
you outline for 30 minutes and type your answer for 30 minutes. The 10
minutes lap toppers will save should be used to further develop your outline
as outlining is the most important part of the entire exam process.
You may need to slightly adjust your actual time according to the results
from your practice tests. Remember to adhere to your allotted times.
2. READ THE CALL
OF THE QUESTION FIRST
Read the call of the question first, which is usually the last sentence or
two located at the end of an exam. From reading the call, you may be able to
determine what subject or subjects the exam is testing (which will be most
helpful at the bar).
The call may also specifically state what issues you are to analyze. If you
can determine the subject or subjects being tested from the call,
immediately write, in an abbreviated form, your memorized issue spotting
checklist(s).
Reading the call may also allow you to determine whether the exam is a
racehorse (which tests many issues) or a thinkum (which tests your analysis
of the stated issues being tested). With a minority of exams, you may have
to read through the exam once in order to determine the type of question
being asked or to determine what issues the examiner is looking for.
3. READ THE EXAM,
SENTENCE BY SENTENCE
Read each sentence of the exam word by word. Be sure to take note of all
punctuations, including commas and quotations, as they usually trigger new
issues.
You may have to read the facts more than once in order to gain a better
understanding of them; thus, you will not miss any issues or arguments.
During this process, when you identify an issue make a notation on the exam
of the issue in pencil beside the corresponding fact(s).
4. CREATE YOUR
OUTLINE WITH “IEFC” FOR ISSUE, ELEMENT, FACT AND CONCLUSION
After you fully issue spot and mark up the exam, write your spotted issues
onto your outlining paper which should be divided into four columns
implementing Bar Made Easy’s IEFC system.
Write each issue separately in the Issue column (your first column). If you
have memorized a writing approach for any identified issue include it here
in the Issue column.
5. BREAK APART EACH
ELEMENT OF EACH RULE
For each identified issue, you will need to boil down your memorized rule
into concise abbreviated individual elements. Then write each element one
below the other in the Element column (your second column).
A good answer will include the analysis of each and every element of the
rule. This method will guarantee that you will address each element
separately when writing your answer.
6. WRITE DOWN SEPARATE
FACTS TO SUPPORT EACH ELEMENT OF YOUR RULE AND THEN CONCLUDE
In the Fact column (your third column), copy the supporting facts from the
exam and write them here. Each supporting fact should be written next to its
corresponding stacked element in the Element column (your second column).
Try to have at least one fact next to each element.
Draw an arrow from the fact in the third column to the element in the second
column as this is how you will be writing your answer in the “fact to
element” style. Depending upon the number of facts raised and whether they
support the elements of the rules, draw a concise conclusion and place it in
the Conclusion column.
7. LOOK FOR ADDITIONAL
ISSUES USING YOUR ISSUE SPOTTING CHECKLISTS(S)
With the facts in mind, review your issue spotting checklist(s) written down
in step 2 to determine if there are any other issues being tested in your
exam. Should you identify another issue write it on your IEFC outline in the
Issue column.
Again, if there is an inner issue spotting checklist for that issue, also
write it down in the Issue column. Continue the process of stacking the
concise elements of the rule for each new issue in the Element column; add
the supporting facts to each element in the Fact column and conclude in the
Conclusion column.
8. READ THE EXAM ONE
LAST TIME
Read the exam one last time sentence by sentence to be sure you used all the
exam facts. All facts must be considered and used (especially at the bar).
Facts can raise either a new issue or can be included in the Fact column
next to a corresponding element to either support or defeat an element of an
already discovered issue in the Issue column. Therefore, missing facts can
negatively affect your grade. Be sure to IEFC all newly spotted issues
directly onto your outline. Remember, the better your outline, the better
your answer.
9. LAST MINUTE DETAILS
In the final moments of the outlining process (20 minutes for hand writers
and 30 minutes for lap toppers), review your outline one last time for
completeness.
Does your outline follow the call of the question? Did you use all the facts
in the exam? Did you break apart each issue into individual elements? Are
there enough facts supporting each of your elements of your rules? Did you
raise any non-issues that need to be removed from the outline? Is there
enough information on your outline that you can write your answer without
having to refer again to the exam itself?
10. WRITE YOUR ANSWER AND FINISH ON TIME
Write your answer using your IEFC outline as your guide while always keeping
in mind your time allocation (40 minutes for hand writers and 30 minutes for
lap toppers).
Begin by writing your first Issue as a bold and underlined headnote. Unless
your professor directs you otherwise, it is not necessary to write a rule
statement, especially at the bar. There are no points allocated for rule
statements and you are using time that could be better used writing your
answer.
Next, skip a line and begin writing your analysis of this issue by
addressing each fact from the Fact column in the third column to the
corresponding element from the Element column in the second column. Strive
to have the fact and the element incorporated into one sentence and always
begin with the facts first. If the element is debatable, you may need to
include another sentence or two raising those facts to develop your counter
arguments. Be sure to skip a line between each fact to element sentence.
After you have written on each element, skip a line and write a concise
conclusion.
Following your outline, begin writing your next issue as a bold and
underlined headnote and repeat the above process for each issue on your
outline. If time is running short, be sure to include remaining issues on
your outline in your answer even if your analysis is brief.
Make copies of this well tested approach and keep it handy for your
reference when taking practice exams. The benefits of applying our approach
to actual exams are numerous. Your issue spotting skills will develop
because you will become fact sensitive, your fact to element analysis
writing style will continue to develop, your timing will improve and you
will be able to finish on time. With practice, you will be able to apply
these important steps automatically to any exam and truly write a superior
answer with confidence! Good luck!
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