Exam Taking Strategies II
Presented by
Academic & Professional Development
Joan Harrington Devin Kinyon
Associate Clinical Professor of Law Assistant Clinical Professor of Law
Director, Academic & Professional Development Assistant Director, Academic Development
OCTOBER 25 APD WORKSHOP CANCELLED
• Due to faculty scheduling conflicts, we won’t be
offering a full APD Workshop on Friday, October 25.
• We will be available to provide quick individual and
group advising to address exam-related questions: o Feedback on an outline. o Quick skim of an exam answer. o Study strategies for upcoming exams. o Time management for the end of the semester.
Exam Taking Strategies II Presented by
Academic & Professional Development
Exam Taking Strategies II Presented by
Academic & Professional Development
PRACTICE EXAM SCHEDULE REMINDER
PRACTICE EXAM LOGISTICS
• A chance to learn the exam software and get a feel
for the exam environment. • You must have ExamSoft installed on your
computer before taking your first practice exam.
o Download it at: http://examsoft.com/sculaw
• Have your ACCESS card and BGID with you. • After each practice exam we’ll distribute a sample
answer and self-assessment guide. A print-out of your exam answer will be placed in your mail folder.
WORKSHOP OBJECTIVES
• Review and make explicit the connection between
outlining, taking exams, and self-assessment. • Answer your lingering questions about exam
writing.
Exam Taking Strategies II Presented by
Academic & Professional Development
During today’s workshop, if you have a question
about anything we discuss (or don’t get to) about
law school exams, write it on a slip of paper and
pass it to the aisle. We’ll address those questions
at the end of today’s session.
HANDOUT: I’m still confused about…
Exam Taking Strategies II Presented by
Academic & Professional Development
THE LAW SCHOOL EXAM CYCLE
1. Creating course and attack outlines.
2. Taking law school exams (the exam experience.)
3. Taking law school exams (writing.)
4. Self-assessment and continuous improvement.
Exam Taking Strategies II Presented by
Academic & Professional Development
COMMON OUTLINING ISSUES
• I’m not going to make my own because I got this
great outline from Women & Law.
• I don’t want to cheat so I’m making my own outline
completely from scratch.
• I’m including all of my case briefs and class notes
in my outline, just in case, so my outline is 75
pages long.
Exam Taking Strategies II Presented by
Academic & Professional Development
THE ATTACK OUTLINE
Exam Taking Strategies II Presented by
Academic & Professional Development
BUILDING THE ATTACK OUTLINE
• Before the Exam – The 1- (maybe 2-) page outline
o In the final week before the exam, if not before,
you should condense your outline into one
page. This page – known as an Attack Outline –
serves as a checklist of issues as you read the
exam.
o The Attack Outline helps you organize your
answer, remind you of key points, and to make
sure that you haven't missed an issue.
BUILDING THE ATTACK OUTLINE
• Repeat – The Attack Outline does two things:
o Creates the framework for your exam answer.
o Serves as a reminder of issues and rules.
Exam Taking Strategies II Presented by
Academic & Professional Development
BUILDING THE ATTACK OUTLINE
• The Form:
o Checklists.
o Questions.
o Flowcharts.
o Other?
Exam Taking Strategies II Presented by
Academic & Professional Development
BUILDING THE ATTACK OUTLINE
• Figure out how you would analyze an exam
question that tackled every issue in the course.
o Where would you start out?
o Build a framework that works logically from one
issue to the next if there were a hypothetical
that encompassed every conceivable issue.
Exam Taking Strategies II Presented by
Academic & Professional Development
POSSIBLE APPROACH FOR TORTS
1. What causes of action are there and are the
elements met?
2. What defenses apply?
3. Do any of the special considerations apply? (e.g.
vicarious liability, statutory immunity.)
(remember to think about what law applies)
Exam Taking Strategies II Presented by
Academic & Professional Development
POSSIBLE APPROACH FOR CRIMINAL LAW
1. What crimes were committed?
2. What defenses apply?
(remember to think about what law applies)
Exam Taking Strategies II Presented by
Academic & Professional Development
POSSIBLE APPROACH FOR CONTRACTS
1. Does the common law or UCC apply?
2. Was there a contract formed between the parties?
3. If so, do any defenses bar the contract?
4. Are there any conditions which must be fulfilled before the duty to
perform arises and, if so, have the conditions been satisfied or
excused?
5. Has the duty to perform been discharged?
6. Has the duty to perform been breached?
7. Are there any 3rd party beneficiary, assignment, or delegation issues?
8. What is the remedy for any breach?
ANOTHER APPROACH FOR CONTRACTS
1. Formation?
Offer + Acceptance + Consideration + Defenses
2. Defenses?
Illegal, fraud, lack of consent, statute of frauds, capacity, unconscionability
3. Conditions?
Express, implied, constructive conditions
Excused? Prevention of performance, anticipatory repudiation, etc.
4. Duty Discharged?
Impossibility, frustration of purpose, subsequent agreement of parties,
impracticability, subsequent action
5. Duty Breached?
6. 3rd Party, Assignment, Delegation?
7. Remedy?
HAMMOND’S APPROACH FOR CONTRACTS • Intent to Contract?
o Understanding regarding intent of parties
• Formation of Contract? o Operative Offer o Effective Acceptance o Mutual Assent
• Status and Terms of the Contract?
o Parol Evidence: Is Contract Final and/or complete? o Interpretation: What do the terms mean? o Gap Fillers
• Operation of the Contract?
o Promises o Conditions o Substantial Performance o Breach
• Breach of Contract?
o Anticipatory Repudiation o Adequate Assurance of Performance
• Cessation: Excuse of Breach of Contract?
o Mistake o Impossibility o Impracticability o Frustration of Purpose
• Remedies?
BUILDING THE ATTACK OUTLINE
• Practice problems help you decide how to
organize your Attack Outline.
• Test drive your Attack Outline.
Exam Taking Strategies II Presented by
Academic & Professional Development
PREPARING YOUR LAPTOP FOR EXAMS
• We use special software to conduct law school
exams. It locks-out your computer to limit the
likelihood of cheating.
• Download and install Examsoft today. You need to
download exam files separately. Follow
instructions as emailed by Lisa Willett.
• Seek assistance from the Law IT Helpdesk in the
Bannan Lounge.
Exam Taking Strategies II Presented by
Academic & Professional Development
WHAT TO BRING TO AN EXAM
• If you have an open-book exam, bring hard copies
of whatever materials you’ll want access to.
• If you’re sensitive to noise, bring earplugs.
• Other useful supplies:
o Pencil or pen.
o Highlighter.
o Silent analog watch (train yourself for the Bar.)
Exam Taking Strategies II Presented by
Academic & Professional Development
THE EXAM ROOM
• Arrive early to find a spot that is comfortable for
you.
• Setup your computer and any materials early so
that you’re ready when the proctor begins (usually
15 minutes before your exam starts.)
• Have your ACCESS card on your desk in front of
your computer.
Exam Taking Strategies II Presented by
Academic & Professional Development
THE EXAM ROOM
• Turn off your phone and put it in your backpack.
You will be instructed to leave all non-exam
materials at the front of the room. You won’t have
access to these materials until the exam is over.
• Set your analog watch to noon when the exam
begins and it’s easy to figure out how much time
you have left. (If you have a 3-hour exam, you
know your time us up when the watch says it’s 3
o’clock.)
Exam Taking Strategies II Presented by
Academic & Professional Development
EXAM PROCTORS
• Listen to their instructions closely and follow them
precisely.
• Don’t talk while they’re talking. Once exams have
been distributed, no talking at all.
• Don’t be a stressed-out litigator.
Exam Taking Strategies II Presented by
Academic & Professional Development
LAPTOP PROBLEMS DURING THE EXAM
• Raise your hand and the proctor will come to
assist you.
• If you have a computer issue, they will bring in
technical support to work on your computer. You
will be required to hand-write the remaining portion
of the exam. You will receive no additional time.
Exam Taking Strategies II Presented by
Academic & Professional Development
HOW TO WRITE THE LAW SCHOOL EXAM
• Read the instructions in full before you begin.
Special things to make note of:
o Time or point allocations.
o Jurisdictional instructions.
• When time starts, read the call of the question first:
o Is it a general or specific call?
o General – answer by exam approach outline.
o Specific – answer in the order of the call. HANDOUT: Fake Exam
Exam Taking Strategies II Presented by
Academic & Professional Development
Point
allocation =
time allocation
WHAT IF THE PROFESSOR DOESN’T PROVIDE A
POINT OR TIME ALLOCATION?
• Your timing should be guided by the number and
complexity of issues, which you’ll figure out when
you outline your answer.
Exam Taking Strategies II Presented by
Academic & Professional Development
Additional
grading
information
DO ALL PROFESSORS PROVIDE THIS
GUIDANCE?
• Not explicitly, though some do.
• This is a pretty good sense of what all professors
are looking for, even those who don’t say so
explicitly.
Exam Taking Strategies II Presented by
Academic & Professional Development
Jurisdictional
information
WHAT IF MY PROFESSOR DOESN’T SAY
ANYTHING ABOUT THE JURISDICTION?
• You should answer according to all relevant
jurisdiction and majority/minority splits, noting what
the prevailing view is.
Exam Taking Strategies II Presented by
Academic & Professional Development
Specific:
Organize by
question
number
General: Organize by
class structure from
Attack Outline
BEFORE YOU WRITE
1. Quickly skim the fact pattern and begin outlining
an answer on your computer.
2. On your second, more in-depth read, detail out
your outline noting:
• Major and minor issues HEADINGS
• Applicable rules
• Relevant facts
• Appropriate case comparisons and policy
arguments
ADAM v. BRAD
ASSAULT
Intentional apprehension of harmful/offensive touching
A didn’t see the helmet = no apprehension
BATTERY
Intentional harmful/offensive touching
B threw helmet at ground – not clear if A knew it would bounce
But transferred intent
NEGLIGENCE
DUTY + BREACH
Standard duty – RP
Unreasonable to throw a helmet at the ground (not a ball)
Palsgraf – Andrews view; duty to all foreseeable plaintiffs
Professional duty – professional baseball player
Sometimes they throw helmets
Policy – hold professionals to the higher standard of their job
CAUSATION
* * *
NOW GO BACK THROUGH YOUR OUTLINE AND
FILL IN THE CONTENT
• Keep your headings short and informational
• Write complete, precise statements of law
• Your application sections should weave together
fact and law (there shouldn’t be any facts just
standing alone.)
• Always conclude, even if briefly, and include a
“because.”
Exam Taking Strategies II Presented by
Academic & Professional Development
1. ADAM v. BRAD
ASSAULT
Assault is the act of intentionally causing the apprehension of a harmful or offensive
touching of the plaintiff by the defendant. The apprehensive element is evaluated
subjectively (focusing specifically on the plaintiff), while the remaining elements are
evaluated objectively.
In this case, Brad’s helmet did come into contact with Adam, and that contact
caused “serious injury” to Adam, which is certainly objectively harmful and/or
offensive. But the facts state that Adam didn’t see the helmet coming towards him,
and didn’t know that objects at baseball games occasionally go flying into the
crowd, therefore he couldn’t have been apprehensive that the helmet would hit him.
Because Adam was not apprehensive, he would not be able to make out a claim of
assault against Brad.
HOW TO USE CASES ON AN EXAM
• Cases are just examples of how a rule operated
under a particular set of facts.
• Usually, you won’t be using or citing many cases
on your 1L exams until you get to Con Law I.
• If you come across a fact pattern that so closely
mirrors the facts of a case you read, then it is
appropriate, after you’ve done your basic analysis
(Issue-Rule-Application), to include a few
sentences noting that the situation mirrors a case
you read.
HOW TO USE CASES ON AN EXAM
• Identify the case with a few facts, and how the
court decided and why. The briefly explain how
the case impacts the fact situation in your exam.
o It’s controlling precedent because it’s from the
same jurisdiction.
o It’s persuasive because of the similarities and
should be followed.
o It’s not persuasive because of the differences
and should not be followed.
Exam Taking Strategies II Presented by
Academic & Professional Development
1. ADAM v. BRAD
ASSAULT
Assault is the act of intentionally causing the apprehension of a harmful or offensive
touching of the plaintiff by the defendant. The apprehensive element is evaluated
subjectively (focusing specifically on the plaintiff), while the remaining elements are
evaluated objectively.
In this case, Brad’s helmet did come into contact with Adam, and that contact
caused “serious injury” to Adam, which is certainly objectively harmful and/or
offensive. But the facts state that Adam didn’t see the helmet coming towards him,
and didn’t know that objects at baseball games occasionally go flying into the
crowd, therefore he couldn’t have been apprehensive that the helmet would hit him.
This fact pattern is similar to Kenzo v. Adam in which the court held that the
defendant was not liable for assault because the plaintiff’s back was turned when
the defendant threw a punch, and therefore the plaintiff wasn’t apprehensive of
being hit. Because Kenzo v. Adam was decided by the Statonia Supreme Court, it
is controlling precedent for this case.
Because Adam was not apprehensive, he would not be able to make out a claim of
assault against Brad.
WHAT IS PUBLIC POLICY AND HOW TO USE IT
ON AN EXAM
• Public policy is often the non-legal rationale behind
a court’s decision. Some examples include:
o Fairness to the parties
o Reducing work for the courts
o Promoting clarity in the law
• Think about why we have laws, particularly in
common law classes.
Exam Taking Strategies II Presented by
Academic & Professional Development
WHAT IS PUBLIC POLICY AND HOW TO USE IT
ON AN EXAM
• Talk about public policy often takes up a large
portion of your in-class discussion, but policy has a
relatively small role on an exam.
• Policy arguments should only be made after
you’ve done your basic analysis (Issue-Rule-
Application.) If you have time, you may then
choose to include a few sentences about why a
conclusion is supported by a specific policy goal.
• Never write an answer that is policy alone.**
1. ADAM v. BRAD
ASSAULT
Assault is the act of intentionally causing the apprehension of a harmful or offensive
touching of the plaintiff by the defendant. The apprehensive element is evaluated
subjectively (focusing specifically on the plaintiff), while the remaining elements are
evaluated objectively.
In this case, Brad’s helmet did come into contact with Adam, and that contact
caused “serious injury” to Adam, which is certainly objectively harmful and/or
offensive. But the facts state that Adam didn’t see the helmet coming towards him,
and didn’t know that objects at baseball games occasionally go flying into the
crowd, therefore he couldn’t have been apprehensive that the helmet would hit him.
Because Adam was not apprehensive, he would not be able to make out a claim of
assault against Brad. This outcome is supported by the policies of legal clarity and
judicial efficiency. If assault cases were able to precede without a showing of
apprehension by the plaintiff, the courts would be greatly expanding the range of
conduct subject to an assault claim. This would significantly increase the amount of
litigation and tax the courts.
AFTER YOU TAKE AN EXAM
• If you can, save a few minutes to quickly review
what you’ve written. Fix recurring typos and other
writing problems.
• Follow the proctor’s instructions to submit your
exam. Listen carefully and do not panic if your
exam doesn’t upload immediately. The most
common issue is resolved by waking-up your
internet connection.
Exam Taking Strategies II Presented by
Academic & Professional Development
SELF-ASSESSMENT AND CONTINUOUS
IMPROVEMENT
• Are you getting the right issues?
• Are your rules accurate and complete?
• Are you a “Rules Student” or and “Analysis
Student?”
• Can you manage time constraints?
• Can you manage exam anxiety?
HANDOUT: Self-Assessment Guide
THE LAW SCHOOL EXAM CYCLE
1. Creating course and attack outlines.
2. Taking law school exams (the exam experience.)
3. Taking law school exams (writing.)
4. Self-assessment and continuous improvement.
Exam Taking Strategies II Presented by
Academic & Professional Development
Responding to your exam
writing questions.
Exam Taking Strategies II Presented by
Academic & Professional Development
APD FELLOWS ARE AVAILABLE TO HELP YOU
• They’re available in your ASP sessions and in
office hours to help you navigate the law school
exam experience.
• A good office hours tip is to bring a recent practice
exam that you’ve already looked over to get some
help on improving your performance.
Exam Taking Strategies II Presented by
Academic & Professional Development
Professors Harrington and Kinyon
Academic & Professional Development
230 Bannan Hall
http://law.scu.edu/apd/
Exam Taking Strategies II Presented by
Academic & Professional Development