Fact Intensive

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FirstTime1
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Fact Intensive

Postby FirstTime1 » Tue Nov 25, 2014 11:35 pm

I have just been informed via online "exam grading" instructions that my professor will not be using the conventional "checklist" for points for my Ks test. Rather, it will be a facts HEAVY (from practice Qs looks like a multitude on offers/counter-offers/gray lines of acceptance) exam and the "As" will be exams that show a "deep understanding of the facts".

Anyone take such a fact-intensive contracts exam? Advice on preparation ? To be honest, I thought I was just going to give an outline dump of case law and the restatements/ucc.

Assistance would be greatly appreciated.

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fats provolone
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Re: Fact Intensive

Postby fats provolone » Wed Nov 26, 2014 12:08 am

i have not taken an exam like this so take it with a grain of salt but i would probably still outline dump and then find applicable facts for everything

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shifty_eyed
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Re: Fact Intensive

Postby shifty_eyed » Wed Nov 26, 2014 12:14 am

Compare/contrast the facts from the cases studied and the facts in the exam questions. Explain which factors are significant how that could influence whether the court will find that an offer was made.

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Tanicius
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Re: Fact Intensive

Postby Tanicius » Wed Nov 26, 2014 12:14 am

fats provolone wrote:i have not taken an exam like this so take it with a grain of salt but i would probably still outline dump and then find applicable facts for everything


Yeah sounds like he just wants a long-ass application section where you apply all of the facts in the hypo.

Compare/contrast the facts from the cases studied and the facts in the exam questions. Explain which factors are significant how that could influence whether the court will find that an offer was made.


Mmhm. Compare/contrast is key there.

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fats provolone
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Re: Fact Intensive

Postby fats provolone » Wed Nov 26, 2014 12:17 am

i would write a little more "carefully" maybe bc it sounds like your prof values "good analysis" over pure horse race issue spotting. but i would still keep the word count high and spam issues.

FirstTime1
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Re: Fact Intensive

Postby FirstTime1 » Wed Nov 26, 2014 12:20 am

Thanks guys. I def will. I have only taken one exam so far, civ pro, which was very much an outline dump. In this case however I think I will take your advice and take some practice exams and really sink into the facts and compare relative case law and persuasive and binding authority.

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BVest
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Re: Fact Intensive

Postby BVest » Wed Nov 26, 2014 12:38 am

This sounds like just a regular law school exam to me, except that the prof is stressing to you that simply restating BLL is not going to get you much in the way of points; the bulk of the points is in analogizing the facts presented by the question to the facts of the cases you studied and the application of law to facts. I never a 1L exam where an outline dump would get you anything but median or below. (I did have a 2L exam like that though).

NotMyRealName09
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Re: Fact Intensive

Postby NotMyRealName09 » Wed Nov 26, 2014 7:13 pm

Yeah this sounds like a normal issue spotter, but the prof is just saying each fact relates to some issue. So just cross out facts as you use them in your responses, and make sure you use each fact. You'll probably get points for mentioning analogous cases as well - but ask your prof if case names are important. I had a prof where we could describe a case (ex: "the case where kid on tricycle ran into guy's leg) rather than recall its name. He's probably saying he's going to be analogizing to facts from cases rather than making up an entirely new fact pattern. I'm just speculating though.

And as mentioned - exams are never outline dumps. You have to present your answers logically, by transaction.




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