Law school essay exam answers that do not provide the explanatory information detailing step-by-step how each problem can be solved are said to be “conclusive.” That is, they recite conclusions without establishing a supporting analysis. Here is an example of a conclusive statement taken from a test answer: “Because Adam’s intent manifested the malice required for murder, he will be convicted.” The problem here is that, although the statement may be true, the writer has not told the reader (professor) precisely which of Adam’s acts show that he had the required malice to prove murder, what degree or variety of intentions the law deems sufficient to prove malice. nor what type or variety of malice is required to obtain a murder conviction.

Here is a better way to handle the Adam/intent problem.

The intent required to obtain a murder conviction is intent. Malice can be proven by showing that the accused intended to kill. If a defender uses a deadly weapon in a manner calculated to cause death, he manifests the intent to kill. Here, Adam’s use of a loaded gun to shoot Ben in the forehead at point blank range demonstrates malice under this “deadly weapon” doctrine.

A sample of the thought process that leads to each conclusion is essential in a law school essay exam answer. When you enter professional practice, judges, attorneys, and clients will ask you, “How did you come to that conclusion?” Throughout law school, your professors will expect you to answer that lingering question with every class session and every test. The ability to conclude is not what “thinking like a lawyer” is about; rather, he is developing the ability to persuade another that the conclusion he has reached is supportable by applying the rules of law to a set of facts.

To score the most points on each topic, the essay must specify the topic, indicate which rule (or set of rules) a lawyer would use to solve the problem, articulate an analysis of how the facts of this hypothetical case are affected by the application of the rule, and the reason to a solid conclusion.

Legal analysis, in its most fundamental sense, boils down to an interweaving of the facts presented in the hypothetical, with the law it has identified. Try to weave each fact into the analysis as it is presented, rather than repeating or summarizing a series of facts and then commenting on them. The essence of the analysis section of an answer is this: an interweaving of the facts (presented in the question) with the law (the guiding legal rules, definitions, and principles used to solve the legal problem identified by the problem). This interweaving is best accomplished by actually using “law words” and fact words in the same sentence or paragraph.

Here is an example of weaving together the law and the facts in one short paragraph:

“When Jack went hunting, he stated his clear intention to renege on his obligation to build the room extension. The ‘half-done’ status of the job, along with the time (completion date is now past the critical date of the March 10-May 10) and additional work would support the argument that the scope of performance was closer to minimum than full. However, Jack would argue that his own costs of $50,000 demonstrate significant performance, which supports his position that the offense was only minor.”

The above “words of fact” are obvious (including Jack went hunting, the job was half finished, the date changed, etc.). The “words of the law” include: manifested its manifest intention, breached its obligation, scope of compliance, significant compliance, minor breach. It is this interweaving of law and fact that is used to show how facts prove the elements necessary to prove (or not) the position being argued for on the issue being considered.

Avoid writing conclusive answers or even conclusive sentences. You don’t get points on the law school essay exams!