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Law school exam practice

Issue spotting: turn facts into questions before writing rules

A law school issue spotter rewards careful reading, not just a long list of memorized rules. This short exercise shows a repeatable way to notice the facts that deserve analysis. Use your course materials to supply the governing doctrine.

Try this short Contracts prompt

A contractor and an owner agree on a fixed price. After work begins, the contractor discovers unexpected soil conditions and asks for more money. The owner agrees because stopping the project would delay a scheduled opening. Later, the owner disputes the added payment. What questions would you need to answer before reaching a conclusion?

A four-pass method

  1. Mark the change

    Identify what changed after the original agreement. Here, the later request for more money is a separate event from formation of the initial contract.

  2. Mark pressure and alternatives

    The opening deadline may matter. Ask what options each party realistically had and which facts would change that assessment.

  3. Mark competing explanations

    Consider whether the new circumstances, the parties’ conduct, and the owner’s agreement support different legal characterizations under the rules taught in your course.

  4. Mark the remedy question

    Do not stop at whether the new promise is enforceable. Ask what each party seeks and what facts affect the available result.

Turn your list into an answer plan

Write each candidate issue as a question. Beside it, note the fact that triggered it, the rule source from your outline, and at least one fact on each side of the application. Then rank the issues by importance and time. If a question has no meaningful supporting fact, it may not deserve a full paragraph.

Retest the skill

Change one fact—for example, the owner has another contractor available without delay—and repeat the four passes. Notice which questions become stronger or weaker. That comparison is more revealing than rereading the same explanation.