EXAMTAKING TIPS Job Description Before You Write While

EXAM-TAKING TIPS – Job Description – Before You Write – While You Write – Efficient Use Of Time – Exam Preparation – Afterward

7 COMMON EXAM ERRORS – Wrapping Paper – Cabbage – Pinball Machine – Wine Tasting – Sports Ticker – Mobius Strip – Socket Wrenches

WARNING: • Most of what I’ll say probably applicable to most law school exams • Need to check re your own professors – Look at old exams & model answers – Talk to Prof – Talk to Dean’s Fellow • Read Instructions for Particular Questions

JOB DESCRIPTION

JOB DESCRIPTION • NOT to show much you know

JOB DESCRIPTION • NOT to show much you know • Use what you know from course to address new legal problems

JOB DESCRIPTION • NOT to show much you know • Use what you know from course to address new legal problems • Address the questions you are given

JOB DESCRIPTION: ISSUE-SPOTTING QUESTION DRAFT OF ANALYSIS SECTION OF LEGAL MEMO

JOB DESCRIPTION: ISSUE-SPOTTING QUESTION • No elaborate introductions or conclusions

JOB DESCRIPTION: ISSUE-SPOTTING QUESTION • No elaborate introductions/conclusions • No separate fact section or questions presented

JOB DESCRIPTION: ISSUE-SPOTTING QUESTION • No elaborate introductions/conclusions • No separate fact section/questions presented • Imperfect sentences OK

JOB DESCRIPTION: ISSUE-SPOTTING QUESTION • No elaborate introductions/conclusions • No separate fact section/questions presented • Imperfect sentences OK • Getting ideas on paper more important than style or rhetoric

BEFORE YOU WRITE

BEFORE YOU WRITE • Read/Follow General Instructions

BEFORE YOU WRITE • Read/Follow General Instructions • Read Each Question Carefully More Than Once

BEFORE YOU WRITE • Read/Follow General Instructions • Read Each Question Carefully More Than Once • Look at Call of the Question First

WRAPPING PAPER • Found on the outside of a box.

WRAPPING PAPER • Found on the outside of a box. • If the Professor gives you limits on the scope of the question, stay within the box you are given to work with.

WRAPPING PAPER • Found on the outside of a box. • If the Professor gives you limits on the scope of the question, stay within the box you are given to work with. • Wrapping paper is easy to dispose of

COMMON LIMITATIONS • • • Apply particular case or rule Play particular role Use law from particular jurisdiction Do not discuss … Assume certain facts

BEFORE YOU WRITE • Read/Follow General Instructions • Read Each Question Carefully More Than Once • Look at Call of the Question First • Select Most Important Topics to Discuss

CABBAGE • Game Show: Grocery Cart Race for $$$ – Useful Items: Meat, drugs, saffron – Cabbages & Cantaloupes: Take up lots of space, not worth very much

CABBAGE • When choosing among issues, maximize score by focusing on issues lawyers will fight about

CABBAGE • When choosing among issues, maximize score by focusing on issues lawyers will fight about • Issues nobody will contest are cabbage.

BEFORE YOU WRITE • Read/Follow General Instructions • Read Each Question Carefully More Than Once • Look at Call of the Question First • Select Most Important Topics to Discuss • Roughly Organize Your Answer

PINBALL MACHINE • When operating a pinball machine, you try to score as many points as possible without worrying about the order in which you hit them.

PINBALL MACHINE • When operating a pinball machine, you try to score as many points as possible without worrying about the order in which you hit them. • When writing an exam, make your points in a logical order and make that order apparent to the reader.

POSSIBLE ORGANIZATIONAL SCHEMES • • • Chronology Major Causes of Action (by Character) Elements/Factors from Causes of Action Decision Trees Most Complex First

Roughly Organize Your Answer Outline Before You Write • List Major Issues to Discuss

• Negl by Truck Driver • Prod. Liab. : Truck Mfr. • Negl by Nurse • Jt/Several

Roughly Organize Your Answer Outline Before You Write • List Major Issues to Discuss • List Some Details/Arguments You’ll Cover

• Negl by Truck Driver – Speeding; Stat Viol – Contrib by P • Prod. Liab. : Truck Mfr. – – Which Rule Applies Rel. of Industry Stds Signif of Subseq Modification Causation? ? !! • Negl by Nurse – Shd Double-Check Pill Bottle? – Causation? • Jt/Several – Statute Looks Like Indiana

Roughly Organize Your Answer Outline Before You Write • List Major Issues to Discuss • List Some Details/Arguments You’ll Cover • Indicate Order & Rough Weight/Time

• Negl by Truck Driver (2) 5 -10 mins? – Speeding; Stat Viol pretty quick? – Contrib by P • Prod. Liab. : Truck Mfr. (1) 20 -25 mins? – – Which Rule Applies (B) Rel. of Industry Stds (D) pretty quick Signif of Subseq Modification (C) Causation? ? !! (A) lot here • Negl by Nurse (3) 10 -15 mins – Shd Double-Check Pill Bottle? – Causation? lot here • Jt/Several (4) (if time) – Statute Looks Like Indiana

WINE TASTING • Take one roughly equal taste of each wine offered

WINE TASTING • One roughly equal taste of each wine • All issues are not alike; drink more deeply of more complex issues

Roughly Organize Your Answer Outline Before You Write • List Major Issues to Discuss • List Some Details/Arguments You’ll Cover • Indicate Order & Rough Weight/Time Don’t Spend 38 Minutes Outlining 1 Hour Q

WHILE YOU WRITE

WHILE YOU WRITE • Discuss One Thing At a Time – Finish one major issue before starting next – If you have ideas about other issues, jot them on outline – Do separate paragraph or section to discuss interaction between major issues

IRAC v. IR A v. IRC C

WHILE YOU WRITE • Discuss One Thing At a Time • Show All Work

SPORTS … TICKER …

SPORTS TICKER • Provides results of sporting events without analysis.

SPORTS TICKER • Provides results of sporting events without analysis. • On exams, always provide analysis before attempting a conclusion. – No points for unsupported conclusion – May commit you too strongly to stated position

SPORTS TICKER • Provides results of sporting events without analysis. • On exams, always provide analysis before attempting a conclusion. • On an open book exam, virtually no points for simply stating a rule then an unsupported conclusion.

WHILE YOU WRITE • Discuss One Thing At a Time • Show All Work • Argue both sides

MOBIUS STRIP • A single loop of ribbon or paper with a half-twist built into it. Its most notable quality is that it has only one side.

MOBIUS STRIP • A single loop of ribbon or paper with a halftwist built into it. Its most notable quality is that it has only one side. • Assume there are serious arguments on at least two sides of each major issue.

WHILE YOU WRITE • • Discuss One Thing At a Time Show All Work Argue both sides Use Both Law and Facts

USE OF LAW & FACTS • Don’t discuss facts in a vacuum – Start with some legal test – Use it to structure your arguments

USE OF LAW & FACTS • Don’t discuss facts in a vacuum; • Try to use all the facts in the problem

USE OF LAW & FACTS • Don’t discuss facts in a vacuum; start with some legal test • Try to use all the facts in the problem • Only refer to legal authority you are using to assess problem

SOCKET WRENCHES • If you take your car to be fixed, when you come to pick it up, you don’t want the mechanic to show you his socket wrenches and brag about what fine tools they are; you want to see that he used the tools to fix the car.

SOCKET WRENCHES • You don’t want the mechanic to show you his socket wrenches and brag about what fine tools they are. • On your exams, do not simply show me rules, tests, policies, or facts of cases. Show me that you know how to use them to address the exam question.

SOCKET WRENCHES • You don’t want the mechanic to show you his socket wrenches and brag about what fine tools they are. • Show me that you know how to use rules, tests, policies, or facts of cases to address the exam question. • As soon as you write down a legal test, apply it.

WHILE YOU WRITE • • Discuss One Thing At a Time Show All Work Argue both sides Use Both Law and Facts • Briefly Discuss Which Position is Stronger

EFFICIENT USE OF TIME

General Tips on Saving Time • Use abbreviations & short-form citations – Party Names: Albert & Beatrice = A & B – Case Names: Pennsylvania Coal Co. v. Mahon = Mahon – Long Words/Phrases Used Repeatedly • Negligence = Neg. • Government = Govt – If not obvious, just indicate the first time you use: • “Personal Jurisdiction (PJ) …” • “Res Ipsa Loquitur (RIL) …”

General Tips on Saving Time • Use abbreviations & short-form citations • Avoid lengthy introductions: This is a complex problem involving several causes of action, including possibly negligence by several different parties, some of whom will have defenses, including contributory negligence. I will discuss each claim in turn followed by relevant defenses.

General Tips on Saving Time • Use abbreviations & short-form citations • Avoid lengthy introductions • Replace topic sentences & transitions with headings and subheadings

The first issue I will discuss is adverse possession. Adverse possession has five elements: actual, continuous, open & notorious, exclusive, and adverse/hostile. I first will address the “actual” element.

The first issue I will discuss is adverse possession. Adverse possession has five elements: actual, continuous, open & notorious, exclusive, and adverse/hostile. I first will address the “actual” element. Adverse Possession: (1) Actual:

General Tips on Saving Time • Use abbreviations & short-form citations • Avoid lengthy introductions • Replace topic sentences & transitions with headings and subheadings • Write concisely

On the other hand, in response to these arguments, the other side will probably rely on Ortiz v. Jeter to argue that it is unnecessary for a plaintiff to have pled a negligence claim with specificity.

On the other hand, in response to these arguments, the other side will probably rely on Ortiz v. Jeter to argue that it is unnecessary for a plaintiff to have pled a negligence claim with specificity. BUT plaintiff need not plead negl. w specificity. Ortiz.

General Tips on Saving Time • Use abbreviations & short-form citations • Avoid lengthy introductions • Replace topic sentences & transitions with headings and subheadings • Write concisely • Avoid repetition, especially in conclusions

EXAM PREPARATION

EXAM PREPARATION • Allocate Available Time

EXAM PREPARATION • Allocate Available Time • Outline (or Equivalent Summary of Arguments in Course) – Prep for Open Book Exams as though Closed – EXCEPT: Checklists for Open Book

EXAM PREPARATION • Allocate Available Time • Outline • Use Old Exams

EXAM PREPARATION • • Allocate Available Time Outline Use Old Exams Make Time for Group Work

EXAM PREPARATION • • • Allocate Available Time Outline Use Old Exams Make Time for Group Work Go to Office Hours/Review Sessions

AFTERWARD

AFTERWARD • Don’t discuss substance of test immediately after test

AFTERWARD • Don’t discuss substance of test immediately after test • Do get feedback after grades posted

REPEAT WARNING: • Most of what I’ll say probably applicable to most law school exams • Need to check re your own professors – Look at old exams & model answers – Talk to Prof – Talk to Dean’s Fellow • Read Instructions for Particular Questions