The Law Talking Guy
I just finished grading my exams from last semester, and I thought I’d make one fresh observation that adds to this post from a few years ago. Perhaps the most frequent mistake that I see on student exams and papers (not to mention some scholarship) is an undue focus on describing the law rather than analyzing it.
It is easy to see why this happens. Description is safer and easier. When you are doing analysis, you are on your own. You might make a mistake. The result is that on fact pattern questions I often get answers that spend 75% of their time stating what the law is and only 25% applying that law. If anything, the ratio should be reversed (though not if the exam is asking a pure question of law).