tips based on essay architect

Question 1

how to determine what is being tested

Answer 1

carefully read question before facts

get handle on the facts

why did the writer use these words?

why are you asking me about this in this way?

Question 2

how to structure your essay

Answer 2

Conclusion

Issue

Rule

Analysis

Conclusion

Question 3

what is a failing essay

Answer 3

does not list one of the following: rule, application/factual analysis or conclusion

Question 4

what is a passing analysis

Answer 4

does all three correctly: rule, application/factual analysis, and conclusion

[and if you get the rule of law wrong, you will still get a bunch of points]

Question 5

how to write and issue statement – and when to use them

Answer 5

issue statements are for when the answer turns on a particular issue, such as when all but one element of a test are satisfied and the conclusion rests on that one element:

“the key issue here is whether x can prove causation” in a tort suit, for example

Question 6

rule statement - how to do it?

Answer 6

full statement of all the elements you will use - list all the elements

full test

authority of the rule – under UCC, under FRCP, in Virginia, etc.

Question 7

how to make an application statement

Answer 7

make sure you have a fact to apply to the rule

find a home for the facts

Question 8

in recording statute questions, always start with:

Answer 8

(1) the first conveyance prevails under common law

(2) the recording statute is X type of statute, which means that X

Ex:
At common law, priority was given to the conveyance that was first in time. But this state has a notice statute, under which a subsequent BFP takes property free of prior interests. The subsequent purchaser must pay valuable consideration and show that he did not actually know of any prior conveyance, did not have notice from a properly recorded deed, and did not have notice of whatever a reasonable inquiry would have revealed.