25. Creativity

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When it comes creativity, the fact patterns on exams do not compare the fact patterns that trial teams come up with.

To be fair though, comparing exam fact pattern and trial team fact pattern is like comparing apples and oranges. On one hand, the purpose of exam fact patterns is to embed as many issues as possible to test students’ understanding of the course material; for an exam to be fair, professors must refrain from adding unnecessary details, which overly anxious final-taking law students might go off on a tangent to analyze. On the other hand, the purpose of trial team fact patterns is to embed one key issues that can be supported in many different ways; since there is no fairness factor concerning grading, the fact patterns can go in all sorts of direction.

Regardless, both fact patterns will make you mutter to yourself, “how do human beings think of this kinda stuff?!”

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