My students and I have been reviewing and reflecting on midterms this week. A common, but easily addressed problem, involves failing to use the full range of facts. Susan Gilles, a mentor and colleague of mine, calls this “one and done.” A student uses one fact from the fact pattern and then concludes on an issue. This leaves many points on the table, causing disappointing results despite knowledge of the applicable rule.
When I ask students why they fail to use many of the facts from the fact pattern, the answer is usually something like this: “The professor is familiar with the facts, so I assumed the professor knew what I was talking about. After all, the professor wrote the problem.” This approach falls far short of expectations. Although the professor does indeed know the facts, there is a legitimate expectation that you will show your work by applying those facts to the relevant law to reach a reasoned conclusion.
So how do you know if you are using the full range of facts? Try using practice problems. After you have completed a practice problem, go back through your answer to hunt for facts. Every time you use a fact in your answer, highlight it in the fact pattern. Almost all, if not all, of the facts should be highlighted.
Professors love their facts. They spend many hours thinking about them and drafting them before the exam comes to you. Just today, a group of faculty members discussed the names we use on exams. Some use P or D. Others use simple names like Patty (for plaintiff) and David (for defendant). Others use cartoon characters from popular shows like the Simpsons and movies like Harry Potter. One professor uses the actor’s first name and the fictional character’s last name. Given this level of attention, there is rarely an unnecessary fact on a law school essay exam. If you are finding facts unnecessary, you are almost certainly missing an issue. This where real life and law school exams part ways. A client will not walk into your office and give you only the facts you need. That, however, is a skill you can address after exams are over.
As a final note, the professors’ love of their own facts means that they want to hear them back from you in the same way they are presented. That is, professors do not want you to summarize the facts. Details matter. Just this week, a student told me that she mistakenly described the moveable object from the fact pattern as an action figure rather than a painting. It’s amazing what exam conditions can do to our stressed brains. That why planning your answer (including the facts you intend to use for each issue) is extremely important.
As Arnold H. Glasow said, “The fewer the facts, the stronger the opinion.” Your opinion won’t get you points on a law school exam, but your use of the facts will. Start practicing today.