barbri_outline_-_ny_(2005)_-_essay_writing - ESSAY WRITING...

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Essay Writing 1 E SSAY W RITING W ORKSHOP I LAST TWO WEEKS BEFORE BAR: 60 HOURS A WEEK STUDY TIME AM: 3HR 15 MIN: 40 Minutes per essay and 1 hour for the NY Mult Choice (Need 30 right) You will get an 8 page answer book per essay. PM: 3 HRS: 2 NY Essays (40 Minutes) (Need atleast 5 out of 10) and one MPT (90 minutes) (Need atleast 5 out of 10) = 10 minutes left over In the 5 Essays there are 20 major issues. (If there is a Con Law essay on exam (not often), it is usually on Article I.) USE IRAC – DO NOT PUT CONCLUSION FIRST 5 Minutes – Look at questions at the end and then read essay. Next 5 to 10 minutes – Organize outline. What are the problems? 20 -25 minutes – Write the essay. BAR Examiners 1. Issue spotting (1/3 of your points) 2. Correct application of NY Law (1/3 of points) 3. Strength of your argument (1/3 of points) 4. Organizational skills Each issue in your essay is one “essay.” Do IRAC for each issue. For each issue, state the narrow issue. For example, the issue is …. 1. Deliniate your issues. If BAR gives A, B, C, give them back A, B, and C. 2. State the obvious law. 3. Be definitive. USE THE WORD “BECAUSE” and “The rule is”, not “I think the rule is” 4. Err on the side of verbosity. 5. Never discuss non-issues. Never use “If” to change the facts. 6. No case cites except Miranda or Erie. 7. State statutory source. “Under NY statutory law BCL, EPTL, CPLR, DRL, CPL, Penal Law, UCC, etc” 8. Define terms like “res ipsa loquiter” 9. Never go over the 40 minute time mark. Always discuss relevance in Evidence questions for extra points Essay will typically be 4 pages single spaced - 750-1000 words in 25-30 minutes of writing time – grader will spend 4 minutes reading and grading your essay answer. Will grade all essays and MPT in under 30 min. Minor legal issue ½ pt Major Legal Issue 1-1/2 pts Typical essay has 7-9 grading boxes. So a 1 pt box will be 1/3, 1/2/ or 2/3 pts. Rarely will someone get the full point. ½ point is an average grade. 4 Factors: 1. Did you state the legal issue presented by the material facts 2. Did you state the correct legal conclusion 3. How well did you state the applicable rule of law 4. Did you state your reasoning to support your legal conclusion. If you get a 4 ½ it is rounded up to a 5, so if you get an extra 1/3 per essay, you can boost your score. If you get 5 out of 10 on each essay, you PASS. Demographics 20% will get 1-4, 60% will get a 5, 20% will score 6-9, No one receives a 10. Need 50-60% Essay and 60-65% MBE Deadly sins
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Essay Writing 2 1. Poor time management 2. Insufficient legal issue recognition 3. Superficial legal analysis 4. Ignorance of the applicable law I. General Matters A. Allocation of Points – 4 factors ( IRAC ) 1. Legal I ssue – Narrow issue 2. Legal R ule – Narrow rule that applies to the facts (NY rule if there is a NY rule). Give the main rule and then the exception. State all the elements of the rule of law 3. Legal A nalysis – Take each element and find a fact that makes it work. Or the lack of a fact that keeps it from working.
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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.

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barbri_outline_-_ny_(2005)_-_essay_writing - ESSAY WRITING...

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