Minority Legal Education Resources Summer 2017 DIRAC CLINIC

Minority Legal Education Resources Summer 2017 DIRAC CLINIC

What We Will Cover Today MLER Student Policies Study Habits and Tips DIRAC MPT

MLER STUDENT POLICIES HIGHLIGHTS • Create and follow a study schedule • Create you own outline for each subject • Attend MLER every week and take ALL PRACTICE EXAMS • Always outline your answer BEFORE you start to write • DIRAC, DIRAC • DO NOT abbreviate in your answer, except for HDC, UCC, BFP and PMSI • Use proper legal buzzwords in the proper legal context • Be mindful of your handwriting/typing • Review model answers for organization and wording of rules • Come back and tutor

STUDY HABITS AND TIPS The following is a list of study tips that have worked for students in the past. Although that we find that these tips work for most students, students should tailor their study schedule and habits to what has proven successful so far.

CREATE AND FOLLOW A SCHEDULE • Create a weekly and monthly schedule and follow it • Schedule should include commercial bar review course and readings, outlining practice questions and daily activities (I. e. eating and napping) • The schedule is flexible and will probably change. • We’re looking for 8 -9 hours a day MINIMUM even if you have to work

SAMPLE SCHEDULE

Remember the learning curve

CHOOSING A STUDY AREA • Choose a consistent area where you will have few distractions • Choose an area where you can study as close to exam conditions as possible

DO PRACTICE QUESTIONS • Do practice questions under exam conditions outside MLER (see the pace program) • Review and correct your answers each time using the model answers provided • Read and outline at least 10 practice questions in each subject • 17 or 34 MBE questions. Gradually increase the amount of questions during the process. • It is QUALITY not QUANTITY

GET A STUDY BUDDY/GROUP • Discuss the law, if you can explain it to others you understand it • Grade each others practice questions and give constructive criticism

ACTIVE LEARNING Requires you to engage in activities that forces you to think about, analyze, synthesize and evaluate information

HOW DO YOU LEARN • Determine your learning style • Thoroughly ingest the material • Create a system to retain information (outlines, note cards, tapes, etc. ) • Memorize the material • Write organized and thorough answers to questions asked

Learning Styles • What are learning styles? Learning styles are simply different approaches or ways of learning. • What are the types of learning styles? –Visual –Auditory –Tactile • The best way to learn is to use MULTIPLE learning styles!

Visual Learners • learn through seeing. . . • They may think in pictures and learn best from visual displays including: diagrams, illustrated text books, overhead transparencies, videos, flipcharts and hand-outs. • They prefer written information obtained in textbooks and notes. • During a lecture or classroom discussion, visual learners often prefer to take detailed notes to absorb the information. • Prefer to study in a quite room.

Visual Learners • LEARNING STRATEGIES • Use color coding when highlighting and making notes in the margins • Write out sentences and phrases that summarize key information • Make flashcards of vocabulary words and key concepts – but limit the amount of information on each card so you have a mental “picture” of the information • Create diagrams and charts. • Make visual reminders (posit-it notes) containing key words and concepts

Auditory Learners • learn through listening. . . • They learn best through verbal lectures, discussions, talking things through and listening to what others have to say. • Auditory learners remember information based on the way they heard it or the way they repeated it out loud. • Written information may have little meaning until it is heard. • These learners often benefit from listening to audio tapes and participating in group discussions.

Auditory Learners • LEARNING STRATEGIES • Join a study group or work with a study partner on an ongoing basis to review key information • When alone, talk out loud to aid recall • Tape record lectures • Use audiotapes for substantive review or create you own audiotapes of your outlines • Listen to your tapes as often as you can • Repeat information in your own words and reason through solutions by talking to yourself or your study partner(s).

Tactile/Kinesthetic Learners • learn through , moving, doing and touching. . . • Tactile/Kinesthetic persons learn best through a hands-on approach • They actively work with the materials. • They may find it hard to sit still for long periods and may become distracted by their need for activity.

Tactile/Kinesthetic Learners • LEARNING STRATEGIES • Keep re-writing/re-typing your outlines – reducing and synthesizing each time • When studying, keep you textbook, notes, flashcards in your hands while reading the information out loud • Talk to yourself using hand gestures to help you emphasize points • Copy key concepts onto large newsprint • Make tapes as often as you can

One more slide about outlines • Create one for each subject • Repeaters should redo their outlines • Make sure you understand the content that is included in the outlines – You should know rules of law in the context of the concept and the subject being tested • Remember to be a file cabinet and not a junk drawer

Don’t be passive! Truly read the material!

LONG OUTLINE? • Yes – time permitting (do not fall behind!!) • If you are familiar with a subject, you MAY consider using the mini review • Long outlines have more examples for clarity

Any Questions?

How to Write the Essay Exam • D – Decision • I – Issue • R – Rule • A – Application • C - Conclusion

The Decision • Should be a short simple sentence, which answers the call of the question directly • Should be precise and definite. • Should include relevant party names but not be too specific • Provide a decision statement for each issue presented

EXAMPLE Call of the Question: Did the court err in denying Jonathan's motion to dismiss for improper service of process. Decision: The court erred in denying Jonathan’s motion to dismiss for improper service.

EXAMPLE Call of the Question: Is Joe obligated to contribute to AJ’s child support? Decision: Yes, Joe is obligated to contribute to AJ’s child support.

EXAMPLE Call of the Question: Does Joi have a right to inspect JCT’s corporate books and records to determine whether $35 per share is a fair price for his shares? Decision: (Fill in the blank)

ISSUE STATEMENT (BUT FIRST A WORD ON ISSUE SPOTTING)

Issue Spotting • Identify the party and claims • Identify possible defendants • List relevant legal theories • List possible defenses • Determine if there are enough facts to discuss the issue • DO PRACTICE PROBLEMS • READ AT LEAST 10 PROBLEMS IN EACH SUBJECT

ISSUE STATEMENT • A single sentence stating the legal issue that must be resolved before you can answer the call of the question. • Should be narrow enough to only receive less than 100 hits from Lexis or Westlaw • Should not restate the call of the question, but is usually the legal question causing the controversy. It usually involves a particular element of the applicable law • Should start with the phrase “At issue is whether” or a similar phrase • Should not include pronouns from the fact pattern

EXAMPLE Issue Statement • At issue is whether David’s letter was acceptance of the offer or a counter offer.

EXAMPLE Issue Statement • At issue is whether Joselynne was a Holder in Due Course?

EXAMPLE Issue Statement • At issue is whether a Limited Liability Partnership is responsible for outstanding liabilities that were incurred before it became an LLP?

HOLD UP: WAIT A MINUTE What if there is more than one issue?

Multiple DIRACs Do a separate DIRAC for each issue DIRAC

THE RULE • Should explain the applicable rule of law • Should be verbatim – exact legal language • Should start with a broad general statement of the law • Should then be narrowed defining important terms • Should include relevant exceptions • Should clearly answer the issue presented based on the fact pattern

EXAMPLE An existing partnership may become an LLP by filling a statement of qualification with the secretary of state. A partner generally is treated as a legal entity distinct from the individual partners; thus, a “new” partnership is not formed when a partnership comes an LLP. The LLP continues to be the same partnership entity that existed prior to filling the statement of qualification.

EXAMPLE The First Amendment of the United States Constitution guarantee the freedom of speech. The amendment is applicable to the states through the Due Process Clause of the Fourteenth Amendment. Under the First Amendment, regulation on the content of speech generally are invalid. However, government may regulate the conduct of speech a bit more with time, place and manner regulations. A time, place and manner regulation of speech in a public forum will be found to be valid only if it is content neutral, is narrowly tailored to serve a significant government interest, and leaves open alternative avenues of communication.

EXAMPLE An order of specific performance requires a party to a contract to perform as promised. To obtain an order for specific performance, a plaintiff must show that: (i) a contract exists; (ii) the plaintiff’s performance can be assured; (iii) the legal remedy is inadequate; (iv) enforcement is feasible; and (v) there are no defenses available to the defendant.

THE APPLICATION • Should use all relevant facts • Don’t assume facts • Should explain how facts relate to the elements of the rule • Marry Your Rule to Statement to the facts in the Question.

THE APPLICATION • This section is one of the most important sections on the exam. This is where you show the grader that you can synthesize information and discuss the law with the fact presented. This is where you demonstrate you ability to be a lawyer.

Example Application Here, the only contact that Jerome has with Illinois is the ownership of a $500 coin collection. In fact, Jerome has never even set foot in Illinois. It is unlikely that Jerome anticipated being haled into an Illinois court for any and all causes of action, nor has he committed any purposeful act to subject himself to personal jurisdiction in Illinois. Thus, it would not be fair for an Illinois court to subject Jerome to personal jurisdiction based on ownership of personal property in the state.

Example Application Here, the only contact that Jerome has with Illinois is the ownership of a $500 coin collection. In fact, Jerome has never even set foot in Illinois. It is unlikely that Jerome anticipated being haled into an Illinois court for any and all causes of action, nor has he committed any purposeful act to subject himself to personal jurisdiction in Illinois. Thus, it would not be fair for an Illinois court to subject Jerome to personal jurisdiction based on ownership of personal property in the state. What was discussed in the Rule statement based on this analysis? • General definition of personal jurisdiction • Sufficient minimum contacts – International Shoe v. Washington • Whether it was fair and reasonable for an Illinois court to exercise personal jurisdiction over the Jerome.

THE CONCLUSION • You conclusion should be a repeat of you decision statement plus why • Should include decision for each issue raised • Should use conclusory language

EXAMPLE Call of the Question: Is Joe obligated to contribute to AJ’s child support? Decision: Yes, Joe is obligated to contribute to AJ’s child support. Conclusion: Therefore, Joe is obligated to contribute to AJ’s child support BECAUSE he is AJ’s biological father and is responsible for taking care of his child.

EXAMPLE Therefore, the appellate court should throw out the contempt order because the lower court failed to use the proper burden of proof.

Any Questions? Before you try a problem

HOW TO READ A QUESTION AND DEVELOP YOUR ANSWER • • • FIRST READ THE CALL OF THE QUESTION Decide how many decisions required Determine area of law Give hints at what the issue is Determine what facts are most relevant Help decide how to organize answer

Reading the Facts • Make a notation system so that important facts are highlighted so that you don’t have to re-read question. • Mark relevant parties and events • Note the cause of action and its elements • Highlight any mitigating factors if any • Note possible defenses

OUTLINE IN DIRAC FORMAT • After reading the question, OUTLINE YOUR ANSWER IN DIRAC FORMAT ON THE INSIDE COVER OF YOUR EXAM OR ON THE QUESTION DIRECTLY: • Make a decision for each issue • Jot down the issues raised • Jot down the rule, all its elements and relevant exceptions • Make sure you use all relevant facts as the relate to the rule

Now You Try…. .

D - yes , has personal jurisdiction I – is presence enough R – presence, traditional basis A – present, not enticed C – presence sufficient for pj

DIRAC is simple if you know the law, but what if you don’t?

DEALING WITH THE OH SH*T QUESTION • What do you do when all you can identify is the area of law—if that? FAKE IT UNTIL YOU MAKE IT!!!!! • Implement a panic plan • FOLLOW DIRAC METHOD • Use/create general rule from area of law which allows one party to “win” • Use buzzwords from area of law • Deal with a broad issue raised in question • Apply the facts from the question • USE COMMON SENSE – you are a lawyer after all!