How Many Times Do I Have To Tell You: The Answer Is In The Call of The Question; Utilize the Facts - You Are The New Super-Hero, "The Fact Finder."

I bring this up again, because I had it out with an examinee this past Sunday and I do not want you to forget this one ... .

Get into the question, guys, please. I want you to be on it. The following is a portion of a federal jurisdiction question. I have included the last two sentences and the three questions that follow.

Look at it carefully and determine the issues the from the call of the question. No, you do not need the entire fact pattern in order to make a decision on the issues. No, you do not. Look at the conjunctions and connector words (and, if, or, but, when, if any).

Their claims against the United States are based on the Federal Tort Claims Act, which provides that federal district courts have exclusive jurisdiction over tort claims against the United States government. Their claims against Motorist are based ont he tort law of State X, where the accident occurred.

1. Can Husband and Wife, as Plaintiffs, join their respective personal injury and loss-of consortium claims in a single action in the U.S. district court? Explain

2. Can Husband and Wife join their respective claims against the United States and Motorist as defendants, in a single action in the U.S. district court? Explain.

3. Does the U.S. district court have subject matter jurisdiction over the state law claims of Husband and Wife against Motorist? Explain.

Review:

1. You already know that you should read the call of the question before reading the fact pattern.

2. Read the last sentence in the fact pattern before moving to the call of the question.

3. Read the call of the question carefully - - with a fine tooth comb. You should read the question like a detective and know exactly what is asked of you. There is no reason why you should not be able to extract the issues from the question at this point. No quesiton is beyond your reach or ability to answer. NONE.

When you read the word, "AND" in the call of a question, remember to look to the right of "and" and to the left of "and." Then prepare an answer for the word or phrase on both sides of that word.

Do you understand that?

The word, "and" does not mean, one analysis in the sentence for one item. The word, "and," divides two separate thoughts, concerns, and answers. Provide an answer to both sides of the word.

I AM SCREAMING THIS ALOUD. This is not a trick.

Please. Please. Please. Please. Please.

4. Use the doggone facts. Use all of those facts to make your argument, and make the argument. I swear to you that the answer is in the facts. Leave a fact, LOSE A POINT. Stop dismissing facts as irrelevant. Don't skip 'em. Ninety percent of the facts are relevant. I think 100% of the facts help you understand the depth of the argument.

When you are taking a practice examination, and you have answered a question, cross out the facts, get rid of them. When you cannot find a place for a relevant fact, give the fact something to do in the fact pattern, even if you are not sure of the role. Give the fact a place while you are writing the test.

Don't wait until you've answered the question to "see" where the fact goes, or if it is relevant. The exam is today, every day, in every single question. The exam is not an after-the-fact situation.

5. Don't fall down on the question. The questions are made of 26 letters/alphabets put together to make up some mumbo-jumbo words. Attack the exam.

Sneak in there like a war hero and blast open the fact pattern. No fact is safe from you - because you are the new super-hero, known as - - "The Fact Finder."