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In
every essay question or MBE question, there are different kinds of facts you
need to be aware of. You have the background facts and the legally significant
facts.
We
know that the background facts help put the questions into context and makes
for a more coherent fact pattern. But you must recognize the differences
between background facts and legally significant facts. Background facts are
there to put the whole fact pattern together. But do not mistake legally
significant facts for just background noise. You must be able to see and
understand those legally significant facts that enable you to trigger issues in
your mind. For example, if the fact
pattern reads, “defendant screamed and called the plaintiff stupid”, you are
probably looking at a legally significant fact that should trigger your issue
of defamation or even negligent infliction of emotional distress. You can then
key into the issue presented, writing down all the elements of defamation or
NIED, making sure that you blend the elements of defamation with the facts you
just read. This is critical reading in a nutshell.
These
skills make you a better test taker and you will be successful in finding your
issues for discussion. Don’t ever just skim the words or read the fact pattern
like you would a novel. This will not help you find your legally significant
facts.
Bar
Professors provide private bar exam tutors for repeat takers who have
difficulty with the MBE, MEE, UBE, Florida, California, North Carolina, Texas
and New York bar exams. You can find us at http://barprofessors.com, like us on facebook
at BarProfessors, follow us on
twitter @BarProfessors, email us
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