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12 Cards in this Set
- Front
- Back
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12 Writing Strategies to Earn Extra Credit: Name Governing Law
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If a statute governs the essay question - always mention the name of the applicable statute. If you forget the name of the statute - say "Under NY statutory law, the rule is..." If common law rules govern essay - say so: Example: "Under the common law, the rule is..."
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12 Writing Strategies to Earn Extra Credit: Rule for Exceptions
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When an exception to a general rule of law applies to the question - always start your essay with the statement of the general rule of law first. Then state the applicable exception which applies to the question.
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12 Writing Strategies to Earn Extra Credit: No Exceptions Apply
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If you conclude a general rule of law applies - and you mentally decide that none of the exceptions apply - after you state the general rule of law and apply it to the facts - add one final sentence: None of the exceptions to the general rule of law apply here or although there is (or are) exceptions to the general rule of law - none apply here. Do not state or list or set forth any of the exceptions.
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12 Writing Strategies to Earn Extra Credit: Define Key Terms
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Always define key legal terms you use in your essay answer.
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12 Writing Strategies to Earn Extra Credit: Legal or Equitable Remedy
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Always state whether a particular remedy a party has is a legal remedy or an equitable remedy
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12 Writing Strategies to Earn Extra Credit: Rule for Arithmetics
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Always (1) complete your arithmetic and (2) state your conclusion in dollars - not percentages or fractions and (3) state your legal reasoning for your arithmetic.
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12 Writing Strategies to Earn Extra Credit: Conditions or Requirements
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Always state what conditions precedent or requirements must be satisfied before a party has a right or remedy or liability.
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12 Writing Strategies to Earn Extra Credit: Elements of the Rule
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When you state an applicable rule of law - always state all elements of the rule of law - and always state which elements are present and which elements are absent.
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12 Writing Strategies to Earn Extra Credit: Two or More Liable Parties
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When you state two or more parties are liable - always state whether or how they are liable (1) jointly or (2) jointly and severally, and then discuss the right to obtain either (1) contribution or (2) indemnification when one party pays the entire amount or more than his pro-rata share.
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12 Writing Strategies to Earn Extra Credit: Cover Yourself if Conclude that No Remedy Applies
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If you conclude that a party has no rights or remedies - cover yourself by adding a separate paragraph with the opening word "assuming."
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12 Writing Strategies to Earn Extra Credit: Contrary Agreement
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After you state a rule of law - whether a common law rule of law or a statutory rule of law - always add the following phrase if it applies - "In the absence of any contrary agreement (or provision)."
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12 Writing Strategies to Earn Extra Credit: Because
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Always give your reasoning for each and every legal conclusion by adding "BECAUSE" accompanied by the material facts from the question.
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