How to use/study the hypotheticals from class/casebooks?

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youarereadingthis
Posts: 101
Joined: Thu Nov 18, 2010 1:57 pm

How to use/study the hypotheticals from class/casebooks?

Postby youarereadingthis » Sun Sep 04, 2011 10:57 am

Hey guys I'm a 1L. When the professors and casebooks give hypotheticals in class that seem to have no correct answers, how should I use them for practice? I feel like there are always limitless arguments for each side, and I never exhaust the possibilities in my head or in my notes. I've been using rules and policy considerations from the cases I've been briefing as support to both sides of each argument, but how do I know if I have a good grasp of each side's argument? How I know if I'm "reaching too far" in my applications of the rules? I feel like I could take hours (like I could write a full length paper several pages long) for each side's argument of each hypothetical I've been given so far, but I feel like there's still a bunch of points I'm not seeing.

How much time should I be dedicating to this? Everything seems so uncertain. Can someone give me a more organized approach to this sort of exercise? I feel scattered and VERY disorganized.

kahechsof
Posts: 332
Joined: Fri Aug 26, 2011 7:26 pm

Re: How to use/study the hypotheticals from class/casebooks?

Postby kahechsof » Sun Sep 04, 2011 11:02 am

You should write them down and the arguments he used to analyze them.
Then, you know what arguments he considers persuasive. Often, the exam will have pieces which are takeoffs from the hypos discussed in class.

morris248
Posts: 210
Joined: Sun Jul 17, 2011 11:30 am

Re: How to use/study the hypotheticals from class/casebooks?

Postby morris248 » Sun Sep 04, 2011 5:32 pm

You are correct that organization is the key. It is also good that you are starting to look at hypo's this early. The key to organization is to have a good outline. See if you can get one from a 2L and then just use the headings and fill in your own. Then go back and use the other outline as a check. There are a lot of outline banks and most schools have one. Next look at old exams and answers to see what is considered a model answer. Most schools teach IRAC but I like IRACC: issue, rule, argument, counter-argument and conclusion. Never skip reviewing the dissent in your major cases. Then use supplements, E&E's are your friend.




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