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Most lawyers
know that the facts of their case will win or lose their argument. The
law remains static. The elements of a cause of action are always the
same. A contract is always formed with the same elements of offer,
acceptance, consideration and no defenses. Negligence is still a breach
of a duty that caused an injury. What turns the case is the facts.
One set of facts show a clear case of a validly formed contract, another set of
facts show there was no meeting of the minds and no contract was formed.
This is where a lawyer’s “bread and butter” lies – it’s what we get paid
to do – make distinctions between a set of facts.
A good lawyer
can articulate the facts as it relates to the law. That is what you are
being tested on in your essay questions. The bar exam graders are looking
to see how you take the facts they give you and relate it to the elements of
the law. That is why you must blend the law with the facts. Do not
just repeat the facts of the essay question. That is not your job.
You are to take those facts and apply it to the law for complete
analysis. Tell the bar examiners why these facts point to a certain legal
issue. For example, if you see a formation of a contract, tell the bar
examiners why you see a contract. Patiently, discuss why there is an
offer, who accepted the offer, if there was a bargained for exchange and if
defenses apply. Take each element separately. As a rule of thumb,
for every element of the rule, state a corresponding fact. Take you time
to discuss the facts, but only in context with the law.
Contact us at http://barprofessors.com for more information.
Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.
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