Tuesday, January 8, 2013

The February 2013 Bar Exam: Look for Clues in the Fact Pattern

In essay questions, almost every fact is a clue that will give you the issue that the bar examiners want you to discuss. For example, if the parties made an oral agreement, then you know that the bar examiners want you to discuss the statutes of frauds. If you see that someone is a minor, then the bar examiners want you to discuss incapacity. If you see someone mailing an acceptance, then discuss the mailbox rule.

You must read critically because every fact usually matters. Those facts will give you your issues. Carefully use line-by-line reading to help you spot your factual clues so that you can then discover the issues.

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