Questions to ask your Professor before the exam:

Do you want the rule stated or should we incorporate the rule into the analysis? How many questions will there be on the exam? What are the time restraints for each question? Can we bring in outlines or other source material? Do you want case names cited? Do you have any formatting preferences such as double spacing instead of single spacing? How do you distinguish between an excellent exam and a good exam?

Use the following formula to pre-write your essay.

Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Step Eight: Step Nine:

State the issue. Identify the rule, but don't waste time stating the rule.2 Summarize the elements of the rule that are easily satisfied by the facts.

State the sticking point on which this issue turns - i.e. the ambiguity in the facts that makes it a difficult question. Apply one or more of the four types of Analysis to the problem. Contrast conflicting authority. What are the defenses?

Make a conclusion.

Go to the next issue.

Language you could use would be as follows:

The court would probably hold as follows.... A probable result would be.... Given the facts, it is highly likely that... Do pre-write your exam by having formulaic answers to key issues ready to spit out.

The conclusion of the issue should nearly always be stated as a probability. Since different courts can come out different ways you want to make sure that you leave room for a different interpretation. There usually is no right answer. Reasoning by Analogy Balancing of Factors Test Judicial Tests Public Policy Argument

http://www.lawnerds.com/guide/analysis.html#TheFourTypesofAnalyticalTests