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For purposes of writing a legal exam, issues are anything that a professor may give you points for noticing or discussing. Generally, unless the question asks only about specific issues, you should discuss all applicable legal theories, claims, causes of action and defenses assertible by or against any and all parties or potential parties. In addition to the subjects of the hypothetical and other obvious parties, be alert for less-obvious parties like the following: the manufacturer of a product that caused an injury; the “innocent bystander” who ostensibly suffered no injury or has no liability; the owner of land where an injury occurs; the government agency responsible for doing an act or protecting obvious parties; and any individual or entity who at any time might have exercised some control or authority over a person, place, thing or policy which has caused an injury. There are five important things to remember when spotting issues. First, read the question! Before reading the body of the hypothetical, read the question or questions following it. Some academics call this the “call of the question.” You may find an open-ended question such as “Discuss the parties’ rights and liabilities,” a more narrow question focused on

Torts: Personal Injur...

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