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for the essays, how do you remember to go through every rule?
I am not talking about remembering what the rule says, but remembering to even mention the rule.

For example, maybe I will talk about
actual authority
express
implied
apparent authority

but then I will forget about authority by ratification.

or maybe I will talk about
de jure corporation
de facto corporation

but then I will forget about corporation by estoppel.

I am thinking I need one "grand" mnemonic for every topic? for example, actual authority, express, implied, apparent, ratification, de jure, de facto, estoppel..... so the business associations mnemonic would go something like A E I A R J F E...

You can cite the general rule that pertains to agency. Then the facts will trigger something like ratification you can analyze. I was taught going from a broad rule to a narrow rule.

Kalani111 wrote: ↑

Tue Aug 10, 2021 10:36 pm

You can cite the general rule that pertains to agency. Then the facts will trigger something like ratification you can analyze. I was taught going from a broad rule to a narrow rule.

but the facts don't always trigger a rule, at least not for me.

ok sometimes they do, for example "attorney ignored client's calls" - duty of communication
"attorney told client to steal" - attorney cannot counsel client to commit a crime.

but for example governing law. Bob and Jack entered into a contract where Bob promised to supply Jack with 10,000 apples. and Bob breached the contract.

What in that fact pattern causes my brain to start thinking about UCC vs. common law? nothing.

Creating pneumonic checklists and going through the checklist at the beginning of each essay is the best way to help jog my memory to look for rules. Additionally, the more you practice essays, I think the more easily your brain is able to remember the sorts of things to run through and look for in each essay. Good luck!

I think the last poster is correct. The more you practice the more the answers will be automatic. In most contact essays the first part of your analysis will always be UCC vs. Common Law, the you would then address formation unless the call asks you not to. Knowing the rules cold makes the issues easier to spot.

I wish I had a bit more of an original answer but it really is about practice. What you've mentioned is a skill and skills get better with practice. That's sort of the secret to the bar exam; it's far more about skill than about memorization. The memorization part is necessary but not sufficient.

Sean (Silverman Bar Exam & LSAT Tutoring)