LawGuy321 wrote:So what honestly happens if we get an essay that we just have no idea on? I get that we "make stuff up", but some of this seems hard to BS...should we therefore make up stuff we KNOW is wrong just so we have some formula to apply? When people are practicing writing exams, are you trying to BS just to see how well you can do at it?
So, e.g., for the NY Torts #2 test...I feel like one sentence would be my initial guess for most of the subquestions. "Would X and Y be jointly and severally liable"? My answer would be "Yes because [enter definition of J&S liability], and that's what's allowed!" Come to find out, I was totally wrong, and they are NOT J&S because one aggravated the other...so, I got the wrong answer and had no idea how to "apply my own formula" because I didn't have one... ugh. Should I have made up a "when J&S liability apply" formula, even though I know there isn't one?
I did the same thing as you on that essay, but attempted to flesh out the definition a little more and "applied" my fleshed out definition. I knew that it was BS but I figure a little wrong analysis is better than no analysis.
So basically I wrote something like:
- The rule is that joint and several liability is appropriate when the plaintiff has suffered a single indivisible injury. The plaintiff has suffered a single indivisible injury when XYZ.
- In this case, [here are the facts] and therefore her injury is XYZ. Because her injury is XYZ, it is single and indivisible and therefore the two defendants can be held jointly and severally liable.
I just submitted it for grading so I guess I'll have to see what BarBri graders think BS like that is worth (if that's worth anything...)