spring 2014 final exam property d & the seven dwarfs

SPRING 2014 FINAL EXAM

Property D & the Seven Dwarfs

ORDER OF PROCEEDING

• Logistics & Exam Structure• Exam Technique

– Generally– QI: Lawyering– QII: Short Problems– QIII: Opinion/Dissent– QIV: Issue-Spotter

• Questions from You– Exam Technique & Logistics– Substantive

Logistics & Exam

Structure

General Logistics

• I’ll post on Course Page:– these slides tonight

– link to PodCast as soon as I get it

• Office Hours Tomorrow 10-2, 3-7

• I will respond to E-mail Qs (within reason) sent before 7pm tomorrow

Exam Coverage• Something from every chapter (except 4)

– See Info Memos on each chapter for precise details– Chapters 1-3 in one question/problem each– Chapters 5-7 in two questions/problems each

• Test can’t cover every issue in the course

• Major issues on test should be familiar from review problems and DQs discussed in class

• One dwarf and at least one other Snow White reference in every question/problem.

Exam Coverage: Statutes

• Need to use specific statutes in Q2D and Q4– Statutes Provided:

• On same page as Q2D

• On pages immediately following Q4; tear off to use

– All Provisions Directly from Course Materials, Slightly Edited to Remove Some Language Not Relevant to Exam Questions

– See Info Memos on Chapters 1, 3, 5, 7 for Lists of Statutes that Might Appear.

Exam Coverage: Statutes

• Need to use specific statutes in Q2D and Q4

• On Q1 (Lawyering Question) Often Sensible to Check if Relevant Statutes Address Issues, but None Specifically Provided

Exam Instructions

• Instructions page of exam available on Course Page to read in advance

• Important New Instruction (added yesterday) for students doing exam on computers:– Between each Question, put in a hard page break

(hit Control + Enter), so that each question begins at top of a new page.

– Saves Michelle Gomez much time and stress!!!– No need to do this between Problems if you do

Question II

Structure of Exam

• Choose three of four equally weighted Qs

• Four hours– One hour to read Qs, take notes, outline (no

computers or bluebooks)– Three hours to write answers (One hour per Q)– Stick to allotted times (as if your best friend will be

harmed if you go over time)

• Closed book with syllabus attached. Copy of Syllabus on Course Page to practice with.

Using Your Reading Period

• 1st 15 Minutes– Read test – Hyperventilate– Choose which Qs to write & in what order

• Next 45 Minutes (I’d Recommend…)– Use about 15 minutes on each Q– Read it again carefully– List major points you’d like to discuss– Choose order to make rough outline– Do last in reading period Q you want to write first

Qs on Structure or Logistics?

Exam Technique: Generally

Exam Technique: Generally

• My Exam Techniques Lectures Available on Academic Achievement Website & Slides on Course Page

• Some Repetition Here, But Focused on Problems Commonly Arising on Old Exams & Submitted Sample Qs

Exam Technique: Generally

(1) Testing Ability to Use Tools, Not Knowledge of Them

• Don’t Simply Recite Legal Tests; Apply Them (as Soon as You Mention Them)

• Helpful to Include Reference to Relevant Authority

• Show All Work

• Wizard of Oz (Because, Because, Because)

Exam Technique: Generally

(2) Draft, Not Final Product • No need for formal introductions &

conclusions

• Use abbreviations (names; recurring phrases)

• Can use telegraph English

• Use headings, not topic sentences

• Can use bulleted lists (e.g., of evidence supporting one side of an argument)

Exam Technique: Generally

(3) Be Concise. Regarding the recurring problem of wordiness,

almost all of the twenty-five otherwise diligent and competent students who took the time to submit a practice exam answer pursuant to the rules posted on the course page for doing so thoroughly demonstrated the fact that that they had a tendency to that problem as well as showing redundancy and continued difficulties writing in a concise, brief and to the point way.

Exam Technique: Generally

(4) Best Prep is Old Exam Qs • Do under exam conditions (esp. Q1/Q3)

• Review in groups if possible

• Read my comments

• Use model answers – to see organization/style I like – to see some possible ways to analyze– neither complete nor perfect

Exam Technique: Generally

(5) Reality TV Challenges • Use Pre-Selected Components to Complete

Assignment in Unrealistic Time Frame

• Don’t Try to Make Easier Than They Are

• Do the Challenge– Specific Task Given– Specific Ingredients Given– Time Frame Given

• If you are well-prepared, you’ll do fine

Exam Technique: Question I

Lawyering (Sleepy)

Question I

• Client Comes Into Your Office

• Gives You Relatively Limited Facts (insufficient info to advise)

• Will Raise Issues From More Than One Part of Course

Discuss the factual and legal research you would need to do in order to advise Ben regarding his concerns described below:

Question I: TASK • To Do List (to advise client)• Not arguments re result (Q v. R)• Make clear why things matter

– through structure of answer OR– with brief explanation

• Note what client has asked you – Stick to legal topics raised by requests– Not looking to you for business advice

Question IORGANIZATION/FORMAT

• All law/all fact often unsuccessful

• Can organize by major topics (use headings and subheadings)

• Can use paragraphs or outline form or bullets (drawbacks to each)

• Look at Old Models for Ideas

Question I

Issues with Multiple Rules• Check which rule applies in your state• Then: “If state uses rule X, check

[relevant facts]. If state uses rule Y…”• Cross-reference if overlap (“fact

research for materiality same as above”)

Question I

Factual Research• Looking for specifics, not simply

reformulating legal tests as Qs• Indicate how you would locate facts

(interviews, records, ask client)• If not obvious from context, briefly

explain why the facts matter

Question I

Practical Research• Where relevant, ask re client priorities

or interest in settlement • Can investigate whether compromise

solutions are possible• Can investigate whether other parties

might want to settle

Question IPreparing

• Be aware of issues with multiple rules• Think about evidence necessary to

prove claims• Look at old comments/models & write-

ups of lawyering review problems• Do at least one under exam conditions

Questions on Question I?

EXAM TECHNIQUE: QUESTION II: Short (as Dwarfs) Problems

2A: Bashful2A: Bashful

2D: Sneezy2D: Sneezy2C: Grumpy2C: Grumpy

2B: Dopey2B: Dopey

Question II• Four Problems; Choose any Three

– Three are topics you’ve seen in short problems

– One is new topic for short problem but involves application of legal standards we’ve worked with

– One requires application of statute

• Can do in any order, but mark clearly

• 20 Minutes Each: Stick to Time!!!

Question II• Read Q Carefully & Respond to What’s

Asked• Often limited in scope. E.g.,

– Apply particular case (e.g., Kelo, Shack, Marcus Cable)

– Discuss one element of Adverse Possession– Sometimes really asking “What should legal

rule be for this issue?” (Mini-Q3)

• Assume all facts there for a reason.

Question II• Problems Have No Clear Right Answer

– If you read a problem and are absolutely sure which side wins, don’t choose that problem.

• Find Best Arguments for Each Side

• Usually Not Helpful to Segregate Pro & Con Arguments– Eliminates possibility of dialogue

– Leaves no room for intermediate positions

Question II• Attack Hard Qs/Identify Stronger Positions

– Raise policy arguments that support one position more than the other

– Compare the problem to a case or cases we studied

– Explain why that one side’s position is likely to have more emotional appeal; or

– Show how the result might turn on the resolution of an ambiguity in the facts.

Questions on Question II?

Exam Technique: Question III

Opinion/Dissent (Happy)

Procedural Posture

1.1. Elizabeth files Declaratory Judgment Action with Elizabeth files Declaratory Judgment Action with List of AllegationsList of Allegations

2.2. State Trial Court Dismisses on the PleadingsState Trial Court Dismisses on the Pleadings

3.3. State Appellate Court Reverses, Setting State Appellate Court Reverses, Setting Parameters for E’s Claim to ProceedParameters for E’s Claim to Proceed

4.4. The Oz Supreme Court Granted Review to Decide The Oz Supreme Court Granted Review to Decide When, If Ever, [Legal Question].When, If Ever, [Legal Question].

INSTRUCTIONS:Compose drafts of the analysis sections

of both a majority opinion for the Court, and a shorter dissent. Each should adopt and defend a different legal

standard to resolve that question …

Question III

Compose drafts …• As with issue-spotter, can include

headings, bullet points, abbr., etc.

• Present concise versions of arguments, not rhetoric (don’t get carried away with role)

• Don’t need fancy language, transitions, etc.

Question III

… of the analysis sections …• No need for – Introduction (Just “Affirmed” or “Reversed”)– Statement of facts– Procedural history – Separate history of the legal issue– Conclusion

• Do make clear which side would win

Question III

… of a majority opinion … and of a shorter dissent …

• Must be 2 separate opinions

• Articulate best arguments for two different positions (doctrinal & policy)

• Each opinion should try to deal w other side’s best arguments. (DF: FOUR SETS)

• I don’t care who wins!!

Question III

… of a majority opinion … and of a shorter dissent …

• Some flexibility in arranging arguments– Can put pro arguments in majority & con in

dissent– Can do back and forth in long majority, then do

very short dissent explaining different conclusion.

• May be helpful to write simultaneously.

Question III

… for the [Oz Supreme] Court …• Fictional jurisdiction; other state cases are

not binding authority

• Awareness that deciding law of the state, not just case in front of you– Must defend positions taken even if consistent with

other cases in course– Consideration of incentives re similar situations in

future– Consideration of effects on future cases & legal system

Question III

Each [opinion] should adopt and defend a different Each [opinion] should adopt and defend a different legal standard to resolve that question legal standard to resolve that question … …

• You must choose two legal standards that address specific legal Q presented

• Each side must provide a range of policy arguments supporting its choice. E.g., – Best furthers substantive policies in field– Best incorporates relevant considerations– Easier to Use/Administer

Question III

Each [opinion] should adopt and defend a different Each [opinion] should adopt and defend a different legal standard to resolve that question legal standard to resolve that question … …

• Address arguments made by lower courts– Guiding you to some available arguments– At least have side that rejects say why

• Don’t make cute legal or procedural arguments to allow you to avoid addressing the Qs

INSTRUCTIONS:Compose drafts of the analysis sections of both a

majority opinion for the Court, and a shorter dissent., Each [opinion] should adopt and defend a different legal standard to resolve that question

then should briefly apply its standard to the allegations here. Remember that, in this

procedural posture, you must treat Elizabeth’s allegations as true.

Question III

… then should BRIEFLYBRIEFLY apply its standard to the allegations here.

•Show me you understand your own test

•Shouldn’t have to do extensive fact work; remand if need be.

Question III

… then should BRIEFLYBRIEFLY apply its standard to the allegations here.

•Can use particular allegations you’re given as example or as counterexample in main analysis– “The case before us demonstrates why …”– “We think this case is not typical because …”

•BUT application to facts shouldn’t become a central part of your answer

Question III

then should briefly apply its standard to the allegations here. Remember that, in this Remember that, in this procedural posture, you must treat E’s procedural posture, you must treat E’s

allegations as true.allegations as true.

Question III

PREPARING• Be aware of policies supporting

particular rules or relevant to particular areas of law

• Look at old comments/models.

• Do at least one under exam conditions

• And finally ….

Question III

If you choose to give names to your judges (you don’t have to) …

Majority (Sophocles, J.):Dissent (Homer, J.)

Question III

Don’t use your name as the name of one of the judges!!

D’oh!

Majority (Sophocles, J.)Dissent (Homer, J.)

Questions on Question III?

Exam Technique: Question IV Traditional

Issue-Spotter (Doc)

Discuss, in the following scenario, (a) [issue] and (b) [issue]. Assume the scenario takes place in

GaidianGaidian, a little-known American state, and that the Gaidian Gaidian statutes (provided below) apply

where relevant.

Gaidian

Question IV

Traditional Issue-Spotter:

What I’m Looking For1. Identify the Most Important Issues

2. Quality of Analysis

3. Facility with Statutes

4. Clear Presentation

5. Quantity of Relevant Points Made

Question IV

1. Identify the Most Important Issues• Not enough time to discuss everything

• Need to choose among topics

• Focus on most contested issues – Serious arguments on both sides– Look for topics with a lot of facts– If lawyers wouldn’t fight about it, address it

quickly or not at all.

Question IV

2. Quality of Analysis• Arguments for both sides of contested

issues.

• Try to use all the facts in the problem

• You can note missing facts/evidence that could help determine outcome (if not inconsistent with facts you do have)

Question IV

2. Quality of Analysis• Work with/compare relevant authority

• Defend key positions thoroughly

• Push toward resolutions (Limit)

Question IV

3. Facility with Statutes• Recognize which of the statutes

provided address particular issues

• Recognize where statutes replace common law (FL 83.51 & IWH)

• Understand where statutes are clear and where they are ambiguous

• Apply statutory language correctly

Question IV

4. Clear Presentation• Discuss one issue at a time

• Use headings to indicate transitions

• Make logic of arguments apparent

• Deal with overlap through cross-reference, not repetition

Question IV

5. Quantity of Relevant Points Made• Used primarily as tie-breaker if answers

otherwise similar

• A little bit of credit for quick citations to relevant authority, but thorough analysis of contested issues yields the most points

• To save time, use abbreviations, headings, bullets

• Outline at end if more to say

Questions on Question IV?

Penultimate Slide

Qs on Exam Technique or

Logistics

Very Last Slide!

Substantive Qs?

Aftermath

• By tradition, I’ll be on the bricks at the end of the scheduled exam time

• I’ll post grading progress on Course Page

• I’ll post when assignments are ready to be picked up.

Aftermath

• Once grades are posted, I’ll put together a packet with:– Copy of your test– Exam Questions, My Comments & Best Answers– Explanation of Grading & Your Individualized

Scores– Assignments not yet picked up

• We’ll e-mail you for instructions (ship or hold)

• I’ll set times to meet to review with you if you choose (Summer & Fall)