When you take an exam ... or better yet, as you practice exam-answering, you should plan to spend about one-third of your time allotted for each essay answer as pre-writing time. As you proceed through the pre-writing phase, it’s important not to make up your mind immediately about who’s right and who’s wrong—who will win and who will lose on any given issue about which there may be more than one viewpoint. Remember, no case gets to a trial court unless there are two or more “sides” with persuasive positions. Cases are never presented in court by just one side. So think about what goes on in the courtroom.

Actually visualizing a court proceeding can help you broaden your analysis. It is often helpful to think of a courtroom scene when responding to an essay question. If you can establish that a plaintiff ought to prevail on a particular issue, consider what the defendant might raise at trial to diminish or defeat the plaintiff’s case. Think to yourself, “What would the defendant (or plaintiff) argue? Is there a different interpretation of the facts that makes sense? Is there a defense available?” By asking yourself these questions as you outline your answer before beginning to write, you will find that you recognize issues that you would otherwise miss. When you “see” yourself (or others) in court presenting the case, you move your mind from the exam setting into the real world of law—often a refreshing and necessary stimulus during the exam period.