Levels of Sophistication in Writing an Application

Level Up in Writing Applications.

Applications work best with a few layers of analysis. It’s not complicated, but it’s the difference between reasoning that is casual and thinking like an attorney.

Here are the basic levels of writing an application. Graduate higher as you can!

(1) Uses the rule to interpret the facts and make a decision about the outcome. 

(2) Recognizes the importance of facts and aligns them with the two sides of the argument. Separates components into Rule, Application and Conclusion without muddling their order or omitting one. 

(3) Goes beyond reciting the relevant facts to connecting each of those facts to the rule, explaining why the fact matters in light of the rule. Identifies facts that are “sticky” and don’t fit neatly within the rule. 

(4) Squeezes all of the potential energy out of the facts by using common sense to extend the explanation of why the facts matter (without speculating as to facts not in evidence). 

(5) Compares the facts of the hypothetical to the facts of relevant cases. Repeats for each element, then each side of the argument if possible.  

(6) Distinguishes problematic cases by pointing to 1) a meaningful difference in facts, 2) a reason the rule’s purpose is not relevant in this unique set of facts, or 3) why the public policy or legal reasoning behind the rule does not support here. 

(7) Augments with public policy and/or legislative history that supports this particular outcome on these facts. 

You can download a chart version of this here.