## Issue-spotting practice exams

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jjlaw

Posts: 299
Joined: Thu Dec 31, 2009 1:43 pm

### Issue-spotting practice exams

I'm starting to use a couple old torts exams to practice issue spotting (none are from my actual prof). Can anyone give any pointers on how best to do this? I don't want to spend too much time, or write out complete answers. I was thinking of making an outlined list, first by principle, then by arguments for/against based on facts.

For example:

I. Custom
A. Rule(s)
B. arguments for defendant
C. arguments for plaintiff
D. conclusion

II. Negligence
A. Rule(s)
B. arguments for defendant
C. arguments for plaintiff
D. conclusion

You get the idea. Any thoughts?

shock259

Posts: 1821
Joined: Tue Jan 19, 2010 2:30 am

### Re: Issue-spotting practice exams

Rule statement (IE battery is a 1) .... 2) ..... 3) ......)
Analysis of Element 1: P's arguments for, D's against, yes/no
Analysis of Element 2: P's arguments for, D's against, yes/no
Etc.

And then you can gloss over non-contestable elements very quickly and get to the "core" element where the parties are likely to fight it out.

I think whichever way works best for you. Personally, I think the way I posted makes more logical sense for me, so that'll be the way I will do it.

LAWYER2

Posts: 580
Joined: Fri Jul 16, 2010 9:15 pm

### Re: Issue-spotting practice exams

Rule statement (IE battery is a 1) .... 2) ..... 3) ......)
Analysis of Element 1: P's arguments for, D's against, yes/no
Analysis of Element 2: P's arguments for, D's against, yes/no
Etc.

And then you can gloss over non-contestable elements very quickly and get to the "core" element where the parties are likely to fight it out.

I think whichever way works best for you. Personally, I think the way I posted makes more logical sense for me, so that'll be the way I will do it.

Nicely explained.