Expert Learning for Law Students, Third Edition by Michael Hunter Schwartz & Paula J. Manning

Author:Michael Hunter Schwartz & Paula J. Manning
Language: eng
Format: mobi
ISBN: 9781531005177
Publisher: Carolina Academic Pr
Published: 2018-08-31T21:00:00+00:00

You should note that law school examinations look much like this hypothetical. They vary in length and complexity, but generally speaking they are simply a story, like the one above. To write an answer to the hypothetical, a student would need to reorganize the information from the thinking process, using some variation of the format set out above. First we will examine the pieces in detail—and then explore the different possible variations.

Applying Cases—The Writing Process

The party who desires the same outcome as the precedent case will argue that a case applies to the client's situation, and that the case is sufficiently similar to warrant the same outcome. In law school, much of the writing you do will be objective—meaning you will argue both sides—explaining the arguments for each party. For this reason, there are many instances where you will both apply and distinguish the same case. In law practice, this is seldom, if ever, the case. You will argue that a case either applies—because you desire the same outcome for your client, or that it is distinguishable—because you desire a different outcome. Thus, some of what you will learn about the writing process for law school will be different from what you do in law practice. Some of those adaptations are addressed in the final section of this discussion of the writing process.

The Setup

When you apply a case to a hypothetical set of facts (or to a client's case, when you are a lawyer), you must explain the decision to the reader (your professor or the court). This means you first need to convey the key pieces of the decision—the specific outcome in the precedent case, and the aspect of the rule the court applied.

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