How To Approach an Essay Question - Examples & Explanations

1. Identify the subject matter of the question by re-viewing the call of the question. The call of the question tells you one or two things (or, both): (i) the process by which the author wants the question answered using deductive reasoning; and/or (ii) the sub-issue of an area of law that the author wants discussed.
2. If there is more than one question to a fact pattern, then look at all of the questions, first. Do not look at only one, answer it, then return to the other two. Often, one question feeds off other questions. Do not lose time, opportunity, or energy by looking back and forth between the questions and the fact pattern. Try to gauge the various pieces of information in all of the questions before you and look for your own pattern.
3. If you are unsure what is being asked of you by the call, read the last sentence of the fact pattern. If the last sentence does not contain the information you seek to answer the question, then push the sentence back once more and read the sentence before that one. The last two sentences should provide you with the understanding necessary to have a good idea what the author wants from you in an answer.
4. Do not write anything without preparing an outline. It does not matter if it is a simple or complex statement. It is your outline; it is a reminder. It is like a person who is about to give a speech. You have jotted down some notes that you will bring up during the speech to break the ice.
   
5. An Example:
   

Student is a junior at Westwood High School, a public high school located in a Midwestern state. Both of the Student's parents are architects. Student plans to go to college, major in architecture, and join his parent's firm. He would like to attend Northern Central College of Architecture ("Northern Central"), a state sponsored architectural school located in Student's home town. Attending Northern Central would allow student to both go to school and work at his parents' firm. He would thus be able to gain valuable work experience while still in college.

Student's college entrance exam score and high school record exceed the academic qualifications to be admitted into Northern Central. Nevertheless, student fears that he will not be admitted to Northern Central because of his sex ---- Northern Central admits only female applicants. northern Central's catalogue explains that its all female policy is intended to compensate for past discrimination against women in the field of architecture.

Yesterday, Student came to the law firm at which you are employed and related the above facts to a partner. He went on to explain that his sister, who is currently taking a constitutional law class in college, has suggested that Northern Central's female-only policy probably violates the Due Process and Equal Protection Clauses of the United States Constitution.

Student would like to settle matters now. The partner with whom Student met comes to you and asks you to look into Student's claim. Please write a memo explaining the following:

1. Can Student bring a suit now in federal court, claiming a violation of his constitutional rights?

2. Regardless of whether Student can bring his suit now, does Student have a viable due process claim?

3. Regardless of your answers to the first two questions, does Student have a viable equal protection claim?

Discussion:

1. Three Questions: there are ALWAYS three different answers. Remember, examiners' never test on the exact same issue, or sub-issue, regardless of topic.
2. Question 1: key words here, are can and now, not will or where. There is no reference to a specific cause of action, like there is in question 2 or 3. This is a standing issue, the very first issue you should consider in any constitutional law question. You are looking for a concrete, palpable harm.
3. Question 2: Q2 says even if you missed the standing question, is there a viable due process claim. Think about: (i) if the claim can live (viability) (the claim must be able to survive); (ii) is there a procedural due process claim (a taking of the life, liberty, or property of another without the process that is due to that person by the government); and (iii) is there a substantive due process claim (is the gvpt. regulation arbitrary in scope).
4. Question 3: Q3 says even if you missed one or both of the due process considerations, is there a viable equal protection claim under the 14th Amendment? Think similarly situated individuals, think fundamental rights, think race, creed, color, religion, national origin (strict scrutiny); think discrimination on the basis of sex, or illegitimacy (intermediate scrutiny); think health & welfare (rational basis).
5. Keep Thinking: remember the differences (plural) between DPC and EPC, and the various ways that you can attack it. Be certain to look at both procedural and substantive due process. It does not matter if the government mandate is a statute, rule, regulation, or ordinance. It still can and should be attacked. Do not just look at EPC on one level. Keep going through the list until you find something. You have to complete the entire analysis (even if you do not ultimately find a constitutional violation) in order to garner the most points.