exam taking strategies ii

Exam Taking Strategies II

Presented by

Academic & Professional Development

Joan Harrington Devin Kinyon

Associate Clinical Professor of Law Assistant Clinical Professor of Law

Director, Academic & Professional Development Assistant Director, Academic Development

OCTOBER 25 APD WORKSHOP CANCELLED

• Due to faculty scheduling conflicts, we won’t be

offering a full APD Workshop on Friday, October 25.

• We will be available to provide quick individual and

group advising to address exam-related questions: o Feedback on an outline. o Quick skim of an exam answer. o Study strategies for upcoming exams. o Time management for the end of the semester.

Exam Taking Strategies II Presented by




PRACTICE EXAM SCHEDULE REMINDER

PRACTICE EXAM LOGISTICS

• A chance to learn the exam software and get a feel

for the exam environment. • You must have ExamSoft installed on your

computer before taking your first practice exam.

o Download it at: http://examsoft.com/sculaw

• Have your ACCESS card and BGID with you. • After each practice exam we’ll distribute a sample

answer and self-assessment guide. A print-out of your exam answer will be placed in your mail folder.

WORKSHOP OBJECTIVES

• Review and make explicit the connection between

outlining, taking exams, and self-assessment. • Answer your lingering questions about exam

writing.



During today’s workshop, if you have a question

about anything we discuss (or don’t get to) about

law school exams, write it on a slip of paper and

pass it to the aisle. We’ll address those questions

at the end of today’s session.

HANDOUT: I’m still confused about…



THE LAW SCHOOL EXAM CYCLE

1. Creating course and attack outlines.

2. Taking law school exams (the exam experience.)

3. Taking law school exams (writing.)

4. Self-assessment and continuous improvement.



COMMON OUTLINING ISSUES

• I’m not going to make my own because I got this

great outline from Women & Law.

• I don’t want to cheat so I’m making my own outline

completely from scratch.

• I’m including all of my case briefs and class notes

in my outline, just in case, so my outline is 75

pages long.



THE ATTACK OUTLINE



BUILDING THE ATTACK OUTLINE

• Before the Exam – The 1- (maybe 2-) page outline

o In the final week before the exam, if not before,

you should condense your outline into one

page. This page – known as an Attack Outline –

serves as a checklist of issues as you read the

exam.

o The Attack Outline helps you organize your

answer, remind you of key points, and to make

sure that you haven't missed an issue.


• Repeat – The Attack Outline does two things:

o Creates the framework for your exam answer.

o Serves as a reminder of issues and rules.




• The Form:

o Checklists.

o Questions.

o Flowcharts.

o Other?




• Figure out how you would analyze an exam

question that tackled every issue in the course.

o Where would you start out?

o Build a framework that works logically from one

issue to the next if there were a hypothetical

that encompassed every conceivable issue.



POSSIBLE APPROACH FOR TORTS

1. What causes of action are there and are the

elements met?

2. What defenses apply?

3. Do any of the special considerations apply? (e.g.

vicarious liability, statutory immunity.)

(remember to think about what law applies)



POSSIBLE APPROACH FOR CRIMINAL LAW

1. What crimes were committed?

2. What defenses apply?

(remember to think about what law applies)



POSSIBLE APPROACH FOR CONTRACTS

1. Does the common law or UCC apply?

2. Was there a contract formed between the parties?

3. If so, do any defenses bar the contract?

4. Are there any conditions which must be fulfilled before the duty to

perform arises and, if so, have the conditions been satisfied or

excused?

5. Has the duty to perform been discharged?

6. Has the duty to perform been breached?

7. Are there any 3rd party beneficiary, assignment, or delegation issues?

8. What is the remedy for any breach?

ANOTHER APPROACH FOR CONTRACTS

1. Formation?

Offer + Acceptance + Consideration + Defenses

2. Defenses?

Illegal, fraud, lack of consent, statute of frauds, capacity, unconscionability

3. Conditions?

Express, implied, constructive conditions

Excused? Prevention of performance, anticipatory repudiation, etc.

4. Duty Discharged?

Impossibility, frustration of purpose, subsequent agreement of parties,

impracticability, subsequent action

5. Duty Breached?

6. 3rd Party, Assignment, Delegation?

7. Remedy?

HAMMOND’S APPROACH FOR CONTRACTS • Intent to Contract?

o Understanding regarding intent of parties

• Formation of Contract? o Operative Offer o Effective Acceptance o Mutual Assent

• Status and Terms of the Contract?

o Parol Evidence: Is Contract Final and/or complete? o Interpretation: What do the terms mean? o Gap Fillers

• Operation of the Contract?

o Promises o Conditions o Substantial Performance o Breach

• Breach of Contract?

o Anticipatory Repudiation o Adequate Assurance of Performance

• Cessation: Excuse of Breach of Contract?

o Mistake o Impossibility o Impracticability o Frustration of Purpose

• Remedies?


• Practice problems help you decide how to

organize your Attack Outline.

• Test drive your Attack Outline.



PREPARING YOUR LAPTOP FOR EXAMS

• We use special software to conduct law school

exams. It locks-out your computer to limit the

likelihood of cheating.

• Download and install Examsoft today. You need to

download exam files separately. Follow

instructions as emailed by Lisa Willett.

• Seek assistance from the Law IT Helpdesk in the

Bannan Lounge.



WHAT TO BRING TO AN EXAM

• If you have an open-book exam, bring hard copies

of whatever materials you’ll want access to.

• If you’re sensitive to noise, bring earplugs.

• Other useful supplies:

o Pencil or pen.

o Highlighter.

o Silent analog watch (train yourself for the Bar.)



THE EXAM ROOM

• Arrive early to find a spot that is comfortable for

you.

• Setup your computer and any materials early so

that you’re ready when the proctor begins (usually

15 minutes before your exam starts.)

• Have your ACCESS card on your desk in front of

your computer.



THE EXAM ROOM

• Turn off your phone and put it in your backpack.

You will be instructed to leave all non-exam

materials at the front of the room. You won’t have

access to these materials until the exam is over.

• Set your analog watch to noon when the exam

begins and it’s easy to figure out how much time

you have left. (If you have a 3-hour exam, you

know your time us up when the watch says it’s 3

o’clock.)



EXAM PROCTORS

• Listen to their instructions closely and follow them

precisely.

• Don’t talk while they’re talking. Once exams have

been distributed, no talking at all.

• Don’t be a stressed-out litigator.



LAPTOP PROBLEMS DURING THE EXAM

• Raise your hand and the proctor will come to

assist you.

• If you have a computer issue, they will bring in

technical support to work on your computer. You

will be required to hand-write the remaining portion

of the exam. You will receive no additional time.



HOW TO WRITE THE LAW SCHOOL EXAM

• Read the instructions in full before you begin.

Special things to make note of:

o Time or point allocations.

o Jurisdictional instructions.

• When time starts, read the call of the question first:

o Is it a general or specific call?

o General – answer by exam approach outline.

o Specific – answer in the order of the call. HANDOUT: Fake Exam



Point

allocation =

time allocation

WHAT IF THE PROFESSOR DOESN’T PROVIDE A

POINT OR TIME ALLOCATION?

• Your timing should be guided by the number and

complexity of issues, which you’ll figure out when

you outline your answer.



Additional

grading

information

DO ALL PROFESSORS PROVIDE THIS

GUIDANCE?

• Not explicitly, though some do.

• This is a pretty good sense of what all professors

are looking for, even those who don’t say so

explicitly.



Jurisdictional

information

WHAT IF MY PROFESSOR DOESN’T SAY

ANYTHING ABOUT THE JURISDICTION?

• You should answer according to all relevant

jurisdiction and majority/minority splits, noting what

the prevailing view is.



Specific:

Organize by

question

number

General: Organize by

class structure from

Attack Outline

BEFORE YOU WRITE

1. Quickly skim the fact pattern and begin outlining

an answer on your computer.

2. On your second, more in-depth read, detail out

your outline noting:

• Major and minor issues HEADINGS

• Applicable rules

• Relevant facts

• Appropriate case comparisons and policy

arguments

ADAM v. BRAD

ASSAULT

Intentional apprehension of harmful/offensive touching

A didn’t see the helmet = no apprehension

BATTERY

Intentional harmful/offensive touching

B threw helmet at ground – not clear if A knew it would bounce

But transferred intent

NEGLIGENCE

DUTY + BREACH

Standard duty – RP

Unreasonable to throw a helmet at the ground (not a ball)

Palsgraf – Andrews view; duty to all foreseeable plaintiffs

Professional duty – professional baseball player

Sometimes they throw helmets

Policy – hold professionals to the higher standard of their job

CAUSATION

* * *

NOW GO BACK THROUGH YOUR OUTLINE AND

FILL IN THE CONTENT

• Keep your headings short and informational

• Write complete, precise statements of law

• Your application sections should weave together

fact and law (there shouldn’t be any facts just

standing alone.)

• Always conclude, even if briefly, and include a

“because.”



1. ADAM v. BRAD

ASSAULT

Assault is the act of intentionally causing the apprehension of a harmful or offensive

touching of the plaintiff by the defendant. The apprehensive element is evaluated

subjectively (focusing specifically on the plaintiff), while the remaining elements are

evaluated objectively.

In this case, Brad’s helmet did come into contact with Adam, and that contact

caused “serious injury” to Adam, which is certainly objectively harmful and/or

offensive. But the facts state that Adam didn’t see the helmet coming towards him,

and didn’t know that objects at baseball games occasionally go flying into the

crowd, therefore he couldn’t have been apprehensive that the helmet would hit him.

Because Adam was not apprehensive, he would not be able to make out a claim of

assault against Brad.

HOW TO USE CASES ON AN EXAM

• Cases are just examples of how a rule operated

under a particular set of facts.

• Usually, you won’t be using or citing many cases

on your 1L exams until you get to Con Law I.

• If you come across a fact pattern that so closely

mirrors the facts of a case you read, then it is

appropriate, after you’ve done your basic analysis

(Issue-Rule-Application), to include a few

sentences noting that the situation mirrors a case

you read.

HOW TO USE CASES ON AN EXAM

• Identify the case with a few facts, and how the

court decided and why. The briefly explain how

the case impacts the fact situation in your exam.

o It’s controlling precedent because it’s from the

same jurisdiction.

o It’s persuasive because of the similarities and

should be followed.

o It’s not persuasive because of the differences

and should not be followed.



1. ADAM v. BRAD

ASSAULT










This fact pattern is similar to Kenzo v. Adam in which the court held that the

defendant was not liable for assault because the plaintiff’s back was turned when

the defendant threw a punch, and therefore the plaintiff wasn’t apprehensive of

being hit. Because Kenzo v. Adam was decided by the Statonia Supreme Court, it

is controlling precedent for this case.


assault against Brad.

WHAT IS PUBLIC POLICY AND HOW TO USE IT

ON AN EXAM

• Public policy is often the non-legal rationale behind

a court’s decision. Some examples include:

o Fairness to the parties

o Reducing work for the courts

o Promoting clarity in the law

• Think about why we have laws, particularly in

common law classes.



WHAT IS PUBLIC POLICY AND HOW TO USE IT

ON AN EXAM

• Talk about public policy often takes up a large

portion of your in-class discussion, but policy has a

relatively small role on an exam.

• Policy arguments should only be made after

you’ve done your basic analysis (Issue-Rule-

Application.) If you have time, you may then

choose to include a few sentences about why a

conclusion is supported by a specific policy goal.

• Never write an answer that is policy alone.**

1. ADAM v. BRAD

ASSAULT











assault against Brad. This outcome is supported by the policies of legal clarity and

judicial efficiency. If assault cases were able to precede without a showing of

apprehension by the plaintiff, the courts would be greatly expanding the range of

conduct subject to an assault claim. This would significantly increase the amount of

litigation and tax the courts.

AFTER YOU TAKE AN EXAM

• If you can, save a few minutes to quickly review

what you’ve written. Fix recurring typos and other

writing problems.

• Follow the proctor’s instructions to submit your

exam. Listen carefully and do not panic if your

exam doesn’t upload immediately. The most

common issue is resolved by waking-up your

internet connection.



SELF-ASSESSMENT AND CONTINUOUS

IMPROVEMENT

• Are you getting the right issues?

• Are your rules accurate and complete?

• Are you a “Rules Student” or and “Analysis

Student?”

• Can you manage time constraints?

• Can you manage exam anxiety?

HANDOUT: Self-Assessment Guide

THE LAW SCHOOL EXAM CYCLE

1. Creating course and attack outlines.

2. Taking law school exams (the exam experience.)

3. Taking law school exams (writing.)

4. Self-assessment and continuous improvement.



Responding to your exam

writing questions.



APD FELLOWS ARE AVAILABLE TO HELP YOU

• They’re available in your ASP sessions and in

office hours to help you navigate the law school

exam experience.

• A good office hours tip is to bring a recent practice

exam that you’ve already looked over to get some

help on improving your performance.



Professors Harrington and Kinyon


230 Bannan Hall

[email protected]

http://law.scu.edu/apd/



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