EXAM WRITING TIPS - Prof. George Conk - Fordham Law School
Source: https://tortstoday.blogspot.com/2014/01/sally-cant-argue-that-on-law-school.html
Date: January 19, 2014

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"Sally can't argue that" (on law school exams)

Shared by Prof. Conk from Dave Hoffman, Temple University Law School:

Key argument: Students should avoid phrases like "A could argue that," "A might argue that,"
or "A has an argument" because these expressions often mask conclusory reasoning rather than
demonstrating genuine legal analysis.

The problem identified:
"'Argue that' blinds you to your own failure to exercise your situation sense" and signals that
writers are listing possibilities without actually evaluating whether claims are plausible or
legally winning.

The solution: Rather than introducing arguments before disposing of them, integrate analysis
into your writing: "While the May 1 letter has some of the markings of an offer (it identifies
price & amount), it fails to state the timing of delivery and most courts will follow Nebraska
Seed in denying formation."

Core insight: Professors test judgment - the ability to evaluate legal claims - not merely list
them. Eliminating conclusory language distinguishes average from excellent exam answers.

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Additional exam advice from Prof. Conk (compiled from exam instructions):

1. READ THROUGH THE COMPLETE EXAM FIRST. Take a deep breath, shake off the
   sticker shock, then get back to work. While answering one question, thoughts on the others
   will simmer on the back burner.

2. MAKE AN OUTLINE before writing. Sketch out the issues you want to touch.

3. STATE YOUR OPINIONS AND DEFEND THEM. A well-organized argument, buttressed
   by reference to authority, which discusses the issues in an informed, critical way, is your goal.

4. CITE AUTHORITY BUT EXPLAIN THE PRINCIPLE. A reference to a rule number or
   case by itself is not explanatory. The key is to state the principle and explain the logic.
   The essay should be understandable even without the numbers or case names.

5. KEEP IT CONCISE. Sentences must end - preferably sooner rather than later. Paragraphs
   should be short. Dense blocks of type are unwelcome. If a paragraph is entering its 4th
   sentence, think again.

6. VERBS SHOULD HAVE OBJECTS.

7. DRAW ONLY REASONABLE INFERENCES. If you need to assume additional facts,
   state your assumptions.

8. THINK OF THE READER. Place yourself in the position contemplated by the question
   and address the intended recipient (judge, senior partner, insurance claims manager).