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 […]
Would you play chess, football, or Halo without paying attention to what your opponent is doing? Obviously not. Lawyers also have to pay attention to the other side. Lawyers are paid to make judgments regarding what the other side will say and do. Lawyers are paid to make judgments regarding what a court or other […]
STEP ONE: Separate well-pleaded facts from legal conclusions. What is a legal conclusion (LC)? Read carefully. You may have to go through the pleadings word by word. Easy. Easy example of LC: threadbare elements of a cause of action are LCs. Hard. Harder example of LC: some allegations may arguably be fact or LC. Prepare to counterargue. You may need to […]
