Author Archives: Professor Nathenson

Advice for new law students, part IV: essay exams

Understandably, new law students stress over how to write essay exams.  In my Civil Procedure class, I run multiple review sessions including an essay exam writing workshop.  For the workshop, I hand out tips and techniques on doing Civ Pro essay exams in my class.  Although the materials below are geared towards Civil Procedure and my class in particular, some may have relevance to other first-year classes.  Keep in mind that other professors may have differing expectations, so the suggestions below may not be applicable to your class.

Substantive considerations:

Argue the facts presented. A common error on essay exams is failing to argue the facts provided.  Sometimes I see relevant facts omitted from the discussion.  Other times, students change facts or invent facts that aren’t in the exam.  Sometimes this is because students don’t want to discuss the issues presented. You can’t do that.  However, if you believe that additional facts are needed for your analysis, state what those facts are how they would affect your analysis.

Focus on the issues raised. Do not raise irrelevant issues.  Use your judgment as to the main issues that are likely to be worth more points.  Minor issues are likely to be worth fewer or no points.  You get no points for “negative issue-spotting.”

Do not be conclusory. Always be Dorothy from The Wizard of Oz, i.e., provide the “because, because, because.”  (Think of the lyrics to “We’re Off to See the Wizard.”)  If you state a conclusion without indicating (in that sentence or surrounding sentences) “why” or “because,” then you’re probably being conclusory.  Conclusory is bad.

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