how exactly is the typical final exam answered?

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sangr
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how exactly is the typical final exam answered?

Postby sangr » Wed Sep 26, 2012 1:51 am

hey guys

so generally we get a scenario and we talk about the various issues that arise

but how is this done?

what I mean is:

do we say "in this case, this and that happened, so, the law is XXXXXX

do we just say "the law is that stupidity is NOT a consideration in reasonable standard"

or do we have to say the actual case name?

also, is it guaranteed that the scenarios will mirror the cases we've read? if so, why are there so many suggestions to not read/brief the cases with much scrutiny?
thanks!
after a while I've been just reading online briefs and writing one sentence fact and rules in notes.

I just am not sure how to go about reading these

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bk1
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Re: how exactly is the typical final exam answered?

Postby bk1 » Wed Sep 26, 2012 2:03 am

Just go read some model exams.

People tend to do some form of IRAC. e.g.: "[I]The first issue is whether there was a K. [R] Ks require offer, acceptance, and consideration. [A] It might be a K because of facts X, Y, and Z. It might not be a K because of facts A, B, and C. [C] It will probably be seen as a K but it is not clear." You generally do not need to cite cases/statutes, but if you can it doesn't hurt (and some profs might like it). The cardinal rule is do what your prof prefers. If your prof prefers some funky CREACCCCCPPPP-whatever type format... follow it. If your prof wants case names, include them. Some (probably not all, maybe not even most) cases you cover will be applicable to the fact pattern.

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thesealocust
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Re: how exactly is the typical final exam answered?

Postby thesealocust » Wed Sep 26, 2012 2:06 am

Pro Tip: The more often you write "defendant will/can argue __________ because __________" or "plaintiff will/can argue __________ because __________" on your exam, or variations thereof, the more points you will get.

You'll see that to complete such a sentence you will almost invariably have to reference facts from the hypo, laws, and rationals for laws. Always think and write like an advocate (or two advocates at once if the question is asking for more neutral analysis).

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Tom Joad
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Re: how exactly is the typical final exam answered?

Postby Tom Joad » Wed Sep 26, 2012 2:15 am

thesealocust wrote:Pro Tip: The more often you write "defendant will/can argue __________ because __________" or "plaintiff will/can argue __________ because __________" on your exam, or variations thereof, the more points you will get.

You'll see that to complete such a sentence you will almost invariably have to reference facts from the hypo, laws, and rationals for laws. Always think and write like an advocate (or two advocates at once if the question is asking for more neutral analysis).

tyty

swimmer11
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Re: how exactly is the typical final exam answered?

Postby swimmer11 » Wed Sep 26, 2012 2:54 am

Is it a good idea then to practice this using hypos we get from E&Es, for example?

sangr
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Re: how exactly is the typical final exam answered?

Postby sangr » Wed Sep 26, 2012 4:01 am

on the "forks" part of GTM

so basically for our analysis. is the fork in regards to plaintiff v defendant?
ie "plaintiff will...because..." "in response D will say... because"


or is it more "plaintiff will...because... but he could also ....because..."

do u always say what the other party will rebut? or is it more important to show alternative routes that your party will take?

btw thanks for the advice thus far BIG help

PhillyCheesesteak
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Re: how exactly is the typical final exam answered?

Postby PhillyCheesesteak » Wed Sep 26, 2012 6:53 am

*

ClubberLang
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Re: how exactly is the typical final exam answered?

Postby ClubberLang » Wed Sep 26, 2012 8:23 am

sangr wrote:on the "forks" part of GTM

so basically for our analysis. is the fork in regards to plaintiff v defendant?
ie "plaintiff will...because..." "in response D will say... because"


or is it more "plaintiff will...because... but he could also ....because..."

do u always say what the other party will rebut? or is it more important to show alternative routes that your party will take?

btw thanks for the advice thus far BIG help


"Forks" are more about applying multiple legal principles to the same facts (ie, if the court finds that X did Y, then he may not be estopped from denying the existance of a contract but Z could argue X was unjustly enriched). Arguing both sides is your answer, rather than a part of it. If your professors are cool with it you may consider a back and forth method of answering where you'd lay out plaintiffs prima facie case, then do the answer, then rebut the answer, etc... This will help keep your answer organized and will lead you to the "forks" even if you don't see them right away.

NotMyRealName09
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Re: how exactly is the typical final exam answered?

Postby NotMyRealName09 » Wed Sep 26, 2012 11:54 am

http://www.amazon.com/Eight-Secrets-Exa ... 0314183582

That is all you need to know. Buy it, read it (its like 100 quick pages). You're welcome. I largely credit this book with ensuring I was #1 in my class 1L year.

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thesealocust
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Re: how exactly is the typical final exam answered?

Postby thesealocust » Wed Sep 26, 2012 1:35 pm

sangr wrote:on the "forks" part of GTM

so basically for our analysis. is the fork in regards to plaintiff v defendant?
ie "plaintiff will...because..." "in response D will say... because"


or is it more "plaintiff will...because... but he could also ....because..."

do u always say what the other party will rebut? or is it more important to show alternative routes that your party will take?

btw thanks for the advice thus far BIG help


It depends on the precise call of the question, the relevant laws, and the facts you have to work with. Every answer will need slightly different organization. You'll think and "issue spot" before you begin writing and will hopefully get a sense for the big topics you need to hit and what kind of sentence/paragraph structure will help.

Remember, you're not trying to "do an exam properly" - you're trying to demonstrate impressive legal reasoning. At the end of the day, that's what every professor is looking for. It isn't about dumping the kitchen sink on the problem, but at the same time seeing it from multiple angles - and being able to evaluate the strengths and weaknesses of those angles - is impressive. But time is also limited, so diving into silly arguments on one issue is less important than hitting the major ones on all of them.

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20130312
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Re: how exactly is the typical final exam answered?

Postby 20130312 » Wed Sep 26, 2012 1:36 pm

NotMyRealName09 wrote:http://www.amazon.com/Eight-Secrets-Exam-Performance-School/dp/0314183582

That is all you need to know. Buy it, read it (its like 100 quick pages). You're welcome. I largely credit this book with ensuring I was #1 in my class 1L year.

I thought you largely credited being anti-social and not having any fun?

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kalvano
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Re: how exactly is the typical final exam answered?

Postby kalvano » Wed Sep 26, 2012 3:16 pm

NotMyRealName09 wrote:http://www.amazon.com/Eight-Secrets-Exam-Performance-School/dp/0314183582

That is all you need to know. Buy it, read it (its like 100 quick pages). You're welcome. I largely credit this book with ensuring I was #1 in my class 1L year.



+1.

That book is fantastic. Far better than GTM or anything else.

NotMyRealName09
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Re: how exactly is the typical final exam answered?

Postby NotMyRealName09 » Wed Sep 26, 2012 3:44 pm

InGoodFaith wrote:
NotMyRealName09 wrote:http://www.amazon.com/Eight-Secrets-Exam-Performance-School/dp/0314183582

That is all you need to know. Buy it, read it (its like 100 quick pages). You're welcome. I largely credit this book with ensuring I was #1 in my class 1L year.

I thought you largely credited being anti-social and not having any fun?


How did I know you'd post-stalk me? I think you have a crush on me. Oh wait, I'm a fucking tard who misreads social cues, I forgot! Derp!

Hehe, dude, I never said I didn't have fun! I said I didn't hang with law school peeps. Then I got mad. At you. And now I just laugh about my screed - it's a bad habit, this internet thing, and writing my thoughts on it.

I also credit drinking - and xbox. But not as much as working hard and that book. Seriously, check it out.
Last edited by NotMyRealName09 on Wed Sep 26, 2012 3:46 pm, edited 1 time in total.

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20130312
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Re: how exactly is the typical final exam answered?

Postby 20130312 » Wed Sep 26, 2012 3:46 pm

NotMyRealName09 wrote:How did I know you'd post-stalk me? I think you have a crush on me. Oh wait, I'm a fucking tard who misreads social cues, I forgot! Derp!

Hehe, dude, I never said I didn't have fun! I said I didn't hang with law school peeps. Then I got mad. At you. And now I just laugh about my screed - it's a bad habit, this internet thing.

I also credit drinking - and xbox. But not as much as working hard and that book. Seriously, check it out.

Tso easy :lol:

NotMyRealName09
Posts: 1394
Joined: Mon Nov 09, 2009 5:50 pm

Re: how exactly is the typical final exam answered?

Postby NotMyRealName09 » Wed Sep 26, 2012 3:48 pm

InGoodFaith wrote:
NotMyRealName09 wrote:How did I know you'd post-stalk me? I think you have a crush on me. Oh wait, I'm a fucking tard who misreads social cues, I forgot! Derp!

Hehe, dude, I never said I didn't have fun! I said I didn't hang with law school peeps. Then I got mad. At you. And now I just laugh about my screed - it's a bad habit, this internet thing.

I also credit drinking - and xbox. But not as much as working hard and that book. Seriously, check it out.

Tso easy :lol:
:roll:




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