Lesson 12.4: Writing for the Grading Rubric

Introduction

In this lesson, we will explore how essays in the Multistate Essay Examination (MEE) are graded and how candidates can maximize their scores. Understanding the grading rubric is crucial for developing strategies that lead to higher essay scores.

Learning Objectives

By the end of this lesson, students will be able to:

• Understand how MEE answers are scored and where points are concentrated.
• Maximize credit through issue coverage and analysis, not volume.
• Self-score an essay against an examiner-style rubric.
• Prioritize high-value issues when time is short.
• Explain the main ideas and terminology behind writing for the grading rubric.

Understanding the Grading Rubric

The first step in mastering essay writing for the MEE is to comprehend the grading rubric. Each essay is typically scored on a scale, often from 0 to 6, focusing on the following key criteria:

1. Issue Identification: Identifying relevant legal issues is crucial. Each identified issue can earn points if it is analyzed properly.
2. Rule Statement: Candidates must state the relevant legal rules clearly and accurately. Each rule should directly address the issues identified.
3. Application: This involves applying the rule to the facts provided in the question. Strong, detailed analysis will demonstrate your ability to connect the law to the scenario.
4. Conclusion: A concise conclusion that summarizes your analysis and directly addresses the questions posed will help solidify your score.
5. Clarity and Organization: Clear writing and a logical structure improve readability and enhance the argument’s effectiveness.

Example of the Grading Criteria in Action

Consider a scenario where you are asked to analyze a contract dispute involving a breach of contract. You might address the following points:

• Issue Identification: Did a breach occur?
• Rule Statement: The relevant rule is that to establish breach of contract, a party must show that the other party failed to perform a duty under the contract.
• Application: Analyze how the actions of the parties in the fact pattern relate to the rule, providing specific details about their conduct.
• Conclusion: State whether based on your application, a breach did or did not occur. Introduce any potential defenses that may apply.
• Clarity and Organization: Structure your essay into clear sections, ideally using headings or distinct paragraphs to improve readability.

Maximizing Score Through Issue Coverage

One of the most effective strategies for maximizing your score is to ensure comprehensive issue coverage without overwhelming the reader with unnecessary detail. Here are several strategies:

Prioritization of Issues

When reading the prompt, quickly identify which issues are major and which are minor. Major issues should receive more attention. For example, if a case involves both breach of contract and tortious interference, focus primarily on breach unless the interference is heavily emphasized in the facts.

Using a Structured Approach

Consider using the IRAC method (Issue, Rule, Application, Conclusion) or CRAC method (Conclusion, Rule, Application, Conclusion) as a guiding framework for each issue. This structured approach ensures that you don’t miss important components of analysis:

1. Issue: Clearly state the legal issue.
2. Rule: Articulate the rule applicable to the issue.
3. Application: Thoroughly apply the rule to the facts.
4. Conclusion: Reach a conclusion based on your analysis.

Example of Issue Coverage Strategy

Suppose the MEE question involves a tort case focused primarily on negligence but also includes a potential claim for strict liability. Your effective strategy should prioritize the negligence claim while briefly addressing strict liability.

• Negligence: Can you prove duty, breach, causation, and damages? Spend more time analyzing these factors.
• Strict Liability: State the rule briefly and highlight that while this issue exists, it's less significant to your overall argument based on the facts provided.

Self-Scoring Your Essays

The ability to self-score your essays is invaluable for improvement. To simulate the grading process:

1. Use the Rubric: Review your essay against the grading rubric.
2. Identify Areas for Improvement: Note where your essay excels and where it falls short, particularly in the areas of issue identification and application of the law.
3. Revise Accordingly: Adjust your writing style to enhance clarity and organization based on your scoring analysis.

Example of Self-Scoring

After writing an essay, you might score your issue identification a 4 out of 6 because you identified most issues but missed one key minor element. Consider how you can improve this; you could revise your identification process to ensure coverage of even minor issues, leading to a higher score on your next attempt.

Conclusion

Writing for the grading rubric is about focused, rule-driven analysis. Understanding how essays are scored allows candidates to concentrate their efforts where they will yield the highest points. By mastering the IRAC or CRAC structure, prioritizing significant issues, and regularly self-scoring your practice essays, you can develop a solid strategy for success on the MEE.

Study Notes

• Grading Criteria: Understand the key components of the MEE grading rubric.
• Issue Coverage: Prioritize important legal issues in your essays.
• Structured Writing: Use IRAC or CRAC for organized analysis.
• Self-Scoring: Regularly assess your essays against the rubric to identify areas of improvement.
• Practice: Write multiple practice essays to internalize strategies for effective writing.