You might have heard that your argument was conclusory, and as exams approach, you might want to know what this means, and how can you fix it.
Typically, if your work suffers from a conclusory-style analysis, you’ll just see the comment “conclusory” on your paper. But there are really two types of “conclusory” statements. It’s important for us to distinguish between them because each presents a different problem for the student and requires a different response.
•The first kind of conclusory statement is one that states a legal conclusion. This occurs when there’s an insufficient legal foundation to provide authority to support the statement.
•The second kind states a factual conclusion. This appears as either a restatement of the facts in the hypothetical or a judgment about what the facts mean without explaining the basis for the judgment.
Typically, however, the lines between the two blur and the sentence is conclusory for one or both reasons. It doesn’t really matter whether it’s one or the other except to recognize why it’s conclusory and to fix it.
For example, does your analysis start with a "yes" or "no" answer? If you hadn’t already figured out, it’s not the conclusion you reach, but the way you get there that’s of interest to your professor. It’s a pretty safe bet your professor isn’t looking for a “yes” or “no” response unless you’re answering a short answer question. Even assuming this problem called for a direct answer, it would be unlikely you’d begin with one. Instead, you’d have to work your way through an analysis of the facts in light of the relevant rule before you could even suggest a possible outcome.
Remember, without the legal definition to provide a context, there’s no legal basis to form your analysis; and second, without applying the facts to show how the law applies, all you have is an assertion. Using facts instead of merely reciting them can be a remedy to this problem. Be aware not to simply make declaratory statements, and also beware - it’s rarely a good idea to begin a sentence with such words as word “clearly” or “obviously.” Typically, the facts in your exams are so purposely ambiguous that nothing is ever “clear.” Chances are if you’re finding clarity, you’re missing the real issue!
