Essay Structures

Question 1

Torts - Essay Process

Answer 1

1. Determine the subject tested - is it torts?
2. Consider whether being tested with another subject (usually agency).
3. Determine which Torts basket applies.
4. Determine which causes of action from the basket apply.
5. Determine which defenses from the basket apply.
6. Organize answer.

Question 2

Torts - Essay Organization

Answer 2

Each topic of torts (strict liability, negligence, products liability, intentional torts, miscellaneous) should be addressed in its own section.

HRAC for each cause of action and defense. If from multiple baskets, do each cause of action from one basket before moving to the next.

Cause of Action 1
Defense 1.1
Defense 1.2

Cause of Action 2
Defense 2.1
Defense 2.2

Question 3

Contracts - Essay Organization

Answer 3

HRAC: Governing Law [Heading]
- services or land? [common law]
- sale of goods? [UCC]
- both? which is predominant?

If COMMON LAW:
- HRAC - Contract Formation [small HRACS for each element and consideration of relevant sub-issues, such as revocation, in their HRACs]
- HRAC - Statute of Frauds (if necessary)

IF UCC:
- HRAC - Merchant Status (sometimes)
- HRAC: Contract Formation [small HRACS for each element and consideration of relevant sub-issues, such as battle of the forms, installment contracts, and requirement contracts, in their HRACs]
- HRAC: Statute of Frauds

FOR BOTH: address in order in
- HRAC: Performance
- HRAC: Breach
- HRAC: Damages / Remedies
- HRAC: Defenses
- HRAC: 3P Issues

Question 4

Agency - Essay Organization

Answer 4

1. Determine whether parties have agency relationship.
   - Was agency relationship created?
   - Was it terminated?
2. Determine whether agent had authority to bind the principal.
   - What type of agency was created?
   - What type of authority was granted to the agent (actual or apparent)?
3. Determine who is liable to the 3P.
   - Tort Law: Agent = direct liability; Principal = direct liability for her own actions and vicariously liable for agents
   - Contract Law: principal = actual or apparent authority? ratification? inherent agency power doctrine? agent = whether principal disclosed, partially disclosed or undisclosed
4. Determine whether the agent is liable for breaching a fiduciary duty.
   - duty of loyalty
   - duty of care
   - duty of obedience
   - and others

Question 5

Criminal Law - Searches and Seizures Process

Answer 5

1. Conduct by gov’t authorized personnel?
2. Search or seizure?
3. Valid warrant?
4. Exception to warrant?
5. Exception to exclusionary rule?