Students understand the “good faith” part of the SPM test. But they get confused about the “legal certainty” part of the analysis. WHICH IS IT? Certainty of satisfying AIC? Certainty of not satisfying AIC? It’s the latter. See St. Paul Mercury: The rule governing dismissal for want of jurisdiction in cases brought in the federal court is that, unless the […]
Firm: You definitively state how things resolve. This is good so long as analysis supports it. Alternative: You give alternative conclusions depending on which path the court takes. This is also good so long as analysis supports it. Tentative: You give a conclusion and believe your conclusion is correct but have doubts. This might be […]
Negative issue spotting: Big NIS: Discussing issues or parties falling outside of the call of the question NIS Lite: Discussing tangential issues that, although technically falling within the call of the question, are nonetheless frivolous and squander the student’s exam-writing time. Example: call of question is PJ over Bob. Outside call of question: Student analyzes […]
When is an issue or other matter “reasonably raised” by the fact pattern? It falls within the call of the question. It addresses the party or parties at issue in the call of the question. It is reasonably raised by the fact pattern in light of the call of the question, regardless of your ultimate […]
