What Issues To Discuss?

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uvabro
Posts: 405
Joined: Sun Aug 26, 2012 9:44 pm

What Issues To Discuss?

Postby uvabro » Sun Nov 25, 2012 6:10 pm

Feeling pretty good about my ability to pinpoint and apply issues. I am disadvantaged in terms of memory and prob classic study ability, but for whatever reason in my limited sample size I am luckily good at spotting every issue and finding the subtleties in applying them.

But I see every issue for some classes, and don't wanna miss the forest for the trees. If you're doing torts, and there's say a shit ton of issues about whether there was a duty-breach, would u still wanna mention causation if it's obvious - like P dies in a car accident directly from collision. Would I be making a mistake if I spent the hour only discussing the negligence issues and ending, even if P can prove D was n, they'd have to prove their n caused the shit?

Also, is it better to address more issues or to go more into depth about applying the issues you find?

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ph14
Posts: 3225
Joined: Mon Sep 12, 2011 11:15 pm

Re: What Issues To Discuss?

Postby ph14 » Sun Nov 25, 2012 6:13 pm

uvabro wrote:Feeling pretty good about my ability to pinpoint and apply issues. I am disadvantaged in terms of memory and prob classic study ability, but for whatever reason in my limited sample size I am luckily good at spotting every issue and finding the subtleties in applying them.

But I see every issue for some classes, and don't wanna miss the forest for the trees. If you're doing torts, and there's say a shit ton of issues about whether there was a duty-breach, would u still wanna mention causation if it's obvious - like P dies in a car accident directly from collision. Would I be making a mistake if I spent the hour only discussing the negligence issues and ending, even if P can prove D was n, they'd have to prove their n caused the shit?

Also, is it better to address more issues or to go more into depth about applying the issues you find?


If you have no word limit, it's better to do all of the above. If you're word limited, then you need to think about it as if you were a real lawyer. If duty is likely to be hotly contested, then you should spend most of your words there. Don't waste 1,000 words on causation if it's obvious. But you still need to say something about it, even if it is just a sentence or two. I would knock out the obvious issues quickly, then spend the bulk of your time disentangling the complicated ones.

uvabro
Posts: 405
Joined: Sun Aug 26, 2012 9:44 pm

Re: What Issues To Discuss?

Postby uvabro » Sun Nov 25, 2012 8:21 pm

Also, do u guys go back and forth. P says this. D counters this or do u list all the arguments each will make on an issue up front.




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