NextGen UBE Key Words and Phrases
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The NextGen UBE requires not only legal knowledge but also mastery of specific terms that guide how you analyze and respond to questions. It commonly includes key words and phrases that shape the nature of the task presented, so it is important to know their precise meanings so that you can address the questions effectively.
Argument
An argument supports a position by offering reasons why something is true or false, right or wrong, or preferable or inferior. In legal analysis, making an argument involves connecting facts to legal standards logically and persuasively.
Legal Argument
A legal argument specifically requires applying the facts of a scenario to the relevant legal rules. This application should be structured, grounded in authoritative law, and aligned with the client or party’s position.
Dispositive Fact
A dispositive fact is a key fact that determines the outcome of a matter because it directly influences the application of a legal rule or test. Identifying dispositive facts allows you to focus your analysis on the most important elements of the scenario.
Explain
When a question asks you to explain, it requires more than just identifying or stating a rule. You must interpret the rule, apply it to the facts, and logically articulate the reasoning that leads to your conclusion.
Factor
A factor can refer to a component of a legal test (such as the factors in the fair use analysis in copyright law) or a fact, inference, or conclusion that contributes to the overall result. You may be asked to identify which factors weigh in favor of or against a party’s position.
Implication
An implication refers to a logical inference or potential consequence that arises from the facts or legal standards. It involves recognizing what might happen or be inferred even if a particular outcome is not explicitly stated.
Issue
An issue is a question to resolve, and it may be either legal (e.g., ‘Did the defendant breach the contract?’) or factual (e.g., ‘Did the defendant intend to deceive?’). Some questions will specify which type of issue to identify or address.
Reason
A reason is a justification for a particular outcome, decision, recommendation, or conclusion. When formulating a response, you must identify not just the conclusion but also the underlying reasoning that supports it.
Specific
The term specific means that your answer should address the unique facts or details offered in the prompt. Avoid general statements that are not tailored to the narrative of the scenario.
Support
To support means to offer a fact, argument, or rule that helps bolster a client’s or party’s position. Importantly, support does not require that the fact or argument be dispositive, as it simply needs to favor the conclusion you are advocating for.
