Using the Facts to Create Your Analysis
Make It Thorough and Structured.
To write a good analysis, you need to use the facts in a way that is both thorough and structured. Here’s a quick break down of the basics of using the facts.
Read the hypothetical carefully to locate each fact. I suggest drawing a little box or circle next to it on the page, so you can check it off as you use it. (Remembering that sometimes boxes should get more than one checkmark!)
Align each fact with one of the elements of your test.
For example, if you are checking to see if there’s a valid gift of personal property, you are looking for intent to create a present interest, delivery of the gift (actual or constructive), and acceptance of the gift. The fact that Janet placed the box on Halie’s front doorstep is related to delivery only.
Once you have aligned the facts with the relevant elements, divide the discussion of that element into two parts: the plaintiff’s side and the defendant’s side.
For example: On the topic of delivery, first discuss any facts that suggest that the potential gift was effectively delivered, then discuss any facts that indicate there was not a delivery.
Within this discussion, make sure that you do not just recite the facts again.
For example: Don’t just tell us that Janet put the box on Halie’s doorstep.What does that mean? Why is that delivery? Janet put the box on Halie’s doorstep which is where Halie’s mail and packages are normally delivered.