Open-Book Ks Exam -- what to bring in?

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Open-Book Ks Exam -- what to bring in?

Postby rishabhagny » Wed Dec 05, 2012 6:36 pm

As the title says, I have an open book Ks exam on Friday and I am unsure of what to bring in. Obviously, I don't plan on depending on anything I bring in as I plan to memorize as best I can. But, I'm curious as to what you guys think the best thing to bring in is. I attached a link of what I plan to bring in as of now, take a look if you will!

Thank you! ... aft_4.docx *

*Note, we haven't gotten much into damages. And, my professor likes the use of cases on the final, so there's that.

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Re: Open-Book Ks Exam -- what to bring in?

Postby MinEMorris » Wed Dec 05, 2012 7:44 pm

It's hard to say without knowing your professor or how the class has been taught. General rule is that your outline should contain virtually everything you will need to know to be successful for the class, so as long as you have that (and like you mentioned, hopefully you won't even need to use it) you should be fine. If you're looking for stuff to do, print it out and tab it (i.e. put tabs on your outline so you can easily flip to the relevant section if you get stuck).

Many people are also strong believers in checklists/attack outlines. For example, if you have a kind of checklist flowchart for hypos:

- Substitute for consideration?
- Promissory Estoppel
- Moral Obligation

etc. so you can quickly look over it to make sure you aren't missing anything. Good luck.

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Re: Open-Book Ks Exam -- what to bring in?

Postby cts2012 » Wed Dec 05, 2012 9:47 pm

Your box in the margin of the outline says "if there is an oral K...PER." But if there is only an oral K then the PER doesn't apply because by definition, an oral K is not a writing.

If there is an oral agreement then look at statute of frauds to see if the K needed to be in writing. If there is a written K, then you look at PER to see what extrinsic evidence can (or cannot) be introduced.

Also, under your statute of frauds section, make sure you word the 1 year provision clearly - it is something that cannot possibly be completed within a year. In your outline you only say it takes longer than a year to finish. A construction K that estimates the construction taking 3 years is not within the 1 year provision because theoretically it could be completed within 1 year. A 12 month and 2 day K could not possibly be completed in 1 year, so it is within the 1 year provision. You have it correct, I would just try to be careful with your language.

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