* Important Note in taking the Essay Exam *
(1) When taking the essay exam,
please be familiar with the IRAC writing pattern
I -- Issue
R -- Rule ( = Law)
A -- Analysis ( = Fact)
C -- Conclusion
(2) The important skills in essay writing
a) Issue spot
b) Ability to discern what fact is important and what is not
c) Fact/Law application & analysis
d) Effective time management (i.e., one hour per one question)
(3) Issue statements and general rules must be found first
It is important to write down all your upgraded issue statements
and general rules first before applying the facts
to each issues and rules because by doing this,
it will give you a firm outline to follow for your entire essay
(4) Use of active words
Active words are preferable than passive words,
D hit P (active words): Yes
P was hit by D (passive words): No
(5) Rules must be brief
Rules must be stated briefly. It does not have to be lengthy.
As long as you laid out the basic elements of the relevant rule,
you are good to proceed to the next step,
which is applying the facts to the law
(6) Discard unhelpful facts
As stated above, not all facts are helpful.
If you are confused, and you are having a difficult time to differentiate good facts
from bad facts, it means you did not read the facts thoroughly.
Always read the fact patterns in details in the first place, for time is of the essence
* Important Note in taking the Performance Test *
(1) Types of Tasks you might be given
a) Alternative dispute resolution task,
b) Analysis of a statute,
c) Client letter/Client witness interview,
d) Closing argument,
e) Declaration or affidavit,
f) Discovery/Investigation plan,
g) Jury instructions,
h) Legal memorandum,
i) Negotiation, settlement proposal or agreement,
j) Opening statement,
k) Persuasive brief, or
l) Witness cross or direct examination
(2) Types of 2 Documents you will be given in the test center
a) File: A file with factual materials (the fact)
b) Library: A file with the legal authorities applicable to the case (the law)
(3) What is the test for
a) To test the ability, as a lawyer, to analyze legal issues by understanding and applying the given legal authorities (the law) to the given facts (the fact)
(4) How to Prepare
a) First, it is important to always thoroughly read
the first page of the File, the task memo.
The task memo will tell exactly what you need to do and not to do.
Please do not write the content that you are told not to write,
for the writing of that portion will not be receiving any points
even if the writing is outstandingly good
b) After carefully reading the task memo,
you will need to read either the File or the Library.
It is a personal decision, whether you read the File first or the Library first.
While practicing, try both ways and see what fits.
If there is little time to try both ways, I would recommend reading the Library first.
That way, when reading the facts in the File,
you can take notes as you read and begin drafting the answer
based on the law given in the Library
. .
Thank You & Good Luck