torts midterm in 4 hours, taking questions and advice Forum

[usuaggie]

this midterm is 20% of my final grade. I've seen the top answer from last year's midterm. It was 7 pages long and written like an outline. The kid was blatantly wrong in a lot of places, but the teacher doesn't mark off for incorrect answers. She just has a checklist of words and phrases and when she sees you used it in the right place, you get a plus one or plus two for it.

any advice? i type really fast so I'm planning on just trying to throw everything i can into it that may be even remotely reasonable.

[dakatz]

That seems like a horrible way to grade an exam. Not marking off for wrong answers? Just looking for words and phrases? So that professor essentially encourages a blind memory-dump of everything in your brain, rather than an analysis that tests your ability to only consult the relevant law and apply it in a detailed and lawyerly manner. Man, I want to take your exam. Any torts points that you are still iffy on?

[usuaggie]

having a hard time with telling when it is conversion or trespass to chattel. it is like pornography. i know it when i see it, but i cant define either one too clearly.

[usuaggie]

and the penalty for wrong answers, in her words, is the time it took us to type the wrong answer.

[kswiss]

good luck. (I'm in your class.)

I think that because of how she grades, this test probably won't have much effect on our final grade. It seems like most people will put the same stuff down, so the only thing that really sets people apart is who can type faster. Still, doing really bad or really good can probably still help/hurt us.

[dakatz]

having a hard time with telling when it is conversion or trespass to chattel. it is like pornography. i know it when i see it, but i cant define either one too clearly.

Hmm, wish I could help more. In my section on intentional torts, we only did battery, assault, defenses to both, and IIED. But good luck on that test. At least you know what approach to use in order to do well.

[usuaggie]

good luck. (I'm in your class.)

I think that because of how she grades, this test probably won't have much effect on our final grade. It seems like most people will put the same stuff down, so the only thing that really sets people apart is who can type faster. Still, doing really bad or really good can probably still help/hurt us.

yeah I'm glad I can type fast. I'm guessing you know who I am but I don't know who you are. kinda creepy.

[kswiss]

having a hard time with telling when it is conversion or trespass to chattel. it is like pornography. i know it when i see it, but i cant define either one too clearly.

It seems like if something comes up and you're not sure, just mention both. From the PT's it seems like she would give points for mentioning both as long as you state which one you would advise to pursue.

[kswiss]

I think I told you in passing on day 1. We went to UG in the same state. I didn't go to the school you hate.

That rhymes.

[goosey]

having a hard time with telling when it is conversion or trespass to chattel. it is like pornography. i know it when i see it, but i cant define either one too clearly.

taken out of my outline:


6. Trespass to Chattels and Conversion is the intentional interference with the property of others
o Difference between the two is the seriousness of the interference
o Can start out as TTC but turn into conversion due to the time period or damage caused
 TRESSPASS TO CHATTELS
o Without damage to chattel, there is no cause of action
o ∆ liable for the harm caused, but not the entire value of the chattel
 CONVERSION
o 1) intentional
2) exercise of dominion or control over a chattel
3) which so seriously interferes with the right of another to control it that
4) the actor may justly be required to pay the other the full value of the chattel.
a. Π has option of retaining chattel + damages caused by harm OR of relinquishing the chattel to the ∆ and recovering its fair market value
o Serious and justness of this requirement determined by:
a. The extent and duration of the actor’s exercise of dominion or control
b. The actor’s intent to assert a right inconsistent with the other’s right of control
c. The actor’s good faith
d. The extent and duration of the resulting interference with the other’s right of control
e. The harm done to the chattel
f. The inconvenience and expense caused to the other
o If one intends to STEAL, it is CONVERSION [ie. If classmate knowingly takes your book because she needs it, she has converted it, even if she only took it for an hour. Intent to appropriate the book for even an hr renders the interference so serious that the π has the right to demand full payment]
o Mistake as to ownership will generally not be a defense

[Anonymous Loser]

That seems like a horrible way to the way essentially all law professors grade an exam.

[270910]

Check out the content competition (and older) articles on law school exams. It will serve you better than studying the material at this point. Your mission is to have less no fucking clue what to do with a law school exam than your peers. Good luck!

[usuaggie]

Check out the content competition (and older) articles on law school exams. It will serve you better than studying the material at this point. Your mission is to have less no fucking clue what to do with a law school exam than your peers. Good luck!

I edited some of the articles and I read getting to maybe, so I'm hoping I have a mostly accurate idea of what I'm doing

[spanktheduck]

That seems like a horrible way to grade an exam. Not marking off for wrong answers? Just looking for words and phrases? So that professor essentially encourages a blind memory-dump of everything in your brain, rather than an analysis that tests your ability to only consult the relevant law and apply it in a detailed and lawyerly manner. Man, I want to take your exam. Any torts points that you are still iffy on?

This seems like standard practice for a law school exam.

[dakatz]

That seems like a horrible way to grade an exam. Not marking off for wrong answers? Just looking for words and phrases? So that professor essentially encourages a blind memory-dump of everything in your brain, rather than an analysis that tests your ability to only consult the relevant law and apply it in a detailed and lawyerly manner. Man, I want to take your exam. Any torts points that you are still iffy on?

This seems like standard practice for a law school exam.

Every professor I have, and every piece of material I have read on law school exams speak to the contrary. They all say that a "brain dump" is one of the worst things you can do (which is simply spewing back everything you can remember on a subject, with a disregard for the specifics that you actually need). All my professors said that brain dumps show an inability to differentiate what is relevant/important from what is not.

[spanktheduck]

That seems like a horrible way to grade an exam. Not marking off for wrong answers? Just looking for words and phrases? So that professor essentially encourages a blind memory-dump of everything in your brain, rather than an analysis that tests your ability to only consult the relevant law and apply it in a detailed and lawyerly manner. Man, I want to take your exam. Any torts points that you are still iffy on?

This seems like standard practice for a law school exam.

Every professor I have, and every piece of material I have read on law school exams speak to the contrary. They all say that a "brain dump" is one of the worst things you can do (which is simply spewing back everything you can remember on a subject, with a disregard for the specifics that you actually need). All my professors said that brain dumps show an inability to differentiate what is relevant/important from what is not.

Brain dump is different than marking off for wrong answers. Brain dump answer do poorly b/c the student wastes a lot of time talking about non-issues or talking about them incorrectly, which prevents them from spending time actually getting points by talking about the important matters. Brain dump exams are also usually hard to follow and are organized poorly

[dakatz]

That seems like a horrible way to grade an exam. Not marking off for wrong answers? Just looking for words and phrases? So that professor essentially encourages a blind memory-dump of everything in your brain, rather than an analysis that tests your ability to only consult the relevant law and apply it in a detailed and lawyerly manner. Man, I want to take your exam. Any torts points that you are still iffy on?

This seems like standard practice for a law school exam.

Every professor I have, and every piece of material I have read on law school exams speak to the contrary. They all say that a "brain dump" is one of the worst things you can do (which is simply spewing back everything you can remember on a subject, with a disregard for the specifics that you actually need). All my professors said that brain dumps show an inability to differentiate what is relevant/important from what is not.

Brain dump is different than marking off for wrong answers. Brain dump answer do poorly b/c the student wastes a lot of time talking about non-issues or talking about them incorrectly, which prevents them from spending time actually getting points by talking about the important matters. Brain dump exams are also usually hard to follow and are organized poorly

Thank you for clarifying. I guess I had a misconception of what brain dump answers are. I figured that professors see the irrelevant stuff, and mark off because of it. But I guess the irrelevant info does the damage in itself solely by wasting your time and interrupting the relevant analysis.

[usuaggie]

for future notice, practice tests like to only be 3-4 paragraphs. real torts midterms like to be 2 pages long for an hour of answering.