M/C Procedure Exam Help

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M/C Procedure Exam Help

Postby kalvano » Sun Nov 20, 2011 3:15 pm

So I've got an exam that is all multiple choice. It's for Texas civil procedure, so it's very rules-based. It's about 60-80 M/C questions. Here are some sample questions:

1. Mr. Incredible, who lives in Dallas and works in Ft. Worth, sues Incrediboy, who lives in Amarillo, for intentional infliction of emotional distress. The suit is pending in McKinney. Without a court order, Mr. Incredible's deposition can be taken in:

a. Dallas
b. Fort Worth
c. Amarillo
d. McKinney
e. (a) and (b)
f. (a), (b), and (d)
g. (a), (b), (c), and (d)

2. Your client has been sued for breach of contract. The petition seeks mental anguish damages, and your research reveals that mental anguish is not a proper element of recovery in this kind of lawsuit. In order to raise this issue, you should file:

a. a plea in abatement
b. a special exception
c. a general denial
d. an affirmative defense

3. Which of the following would be protected as work product in Texas?

a. an attorney’s plans for voir dire examination of the jury
b. the fact that plaintiff asserts the light was green when he entered the intersection, a fact learned by plaintiff=s attorney when interviewing plaintiff
c. the names of persons who are eyewitnesses to an accident B information which an attorney has learned from interviewing them
d. the names of witnesses that plaintiff intends to call at trial
e. more than one of the above

It's an open-note exam and we can bring in a copy of the TRCP. Anyone taken an exam like this? It seems like there is very little studying you can do before-hand. I know the rules pretty well, have a great outline...any suggestions from people? Am I missing something, or is this sort of a "prep your outline, tab the rules, and orget about it" type of test?

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Re: M/C Procedure Exam Help

Postby holdencaulfield » Sun Nov 20, 2011 10:04 pm

I've taken two. The best approach is to have a comprehensive outline with everything tabbed. On my first MC exam I got my outline down to 25 pages and memorized all the main concepts; big mistake. Several questions were regarding very minute details of certain rules or cases. Result: B-

Second MC exam- i made an incredibly comprehensive 60 pg. outline; focused most on having every rule/case/deadline/procedure easy to flip to. Didn't focus on memorizing anything. Result: A

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Re: M/C Procedure Exam Help

Postby kalvano » Mon Nov 21, 2011 12:55 am

Thanks very much. I can take any self-prepared outline and a copy of the rules in to the exam. I keep looking at sample questions and it just seems pointless to study a lot beforehand.

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