Approaching Law School Exams Professor Jason P. Nance Levin College of Law.

Approaching Law School Approaching Law School ExamsExams

Professor Jason P. NanceProfessor Jason P. Nance

Levin College of LawLevin College of Law

WARNING!!WARNING!!

Whatever your individual professors Whatever your individual professors have told you is controlling! If have told you is controlling! If something I say is different or does not something I say is different or does not apply, ignore me!apply, ignore me!

Before Walking InBefore Walking In

Have outline completed and material Have outline completed and material “mastered” to high level of detail“mastered” to high level of detail

Have “checklist” completedHave “checklist” completed Utilize practice examsUtilize practice exams Know professor’s exam style – hopefully Know professor’s exam style – hopefully

know the exam “rules” before walking inknow the exam “rules” before walking in

At the exam room . . .At the exam room . . .

Get there early, settle Get there early, settle in. in.

Review checklistReview checklist

When exam is handed out . . .When exam is handed out . . .

Place your exam number on the places indicatedPlace your exam number on the places indicated [Closed book – quickly recreate checklist on [Closed book – quickly recreate checklist on

blank paper]blank paper] Read the rules carefully!!Read the rules carefully!! READ THE (FIRST) FACT PATTERN READ THE (FIRST) FACT PATTERN

COMPLETELY THROUGH – DO NOT START COMPLETELY THROUGH – DO NOT START WRITING!!!WRITING!!!

Annotate fact patternAnnotate fact pattern Know from what perspective you need to answer Know from what perspective you need to answer

the question. the question.

Then . . .Then . . .

THINK!!THINK!! Essay Question: Sketch outline to answer, Essay Question: Sketch outline to answer,

as complete as possible; identify issues; as complete as possible; identify issues; identify key facts. identify key facts.

Use checklist to make sure outline is Use checklist to make sure outline is completecomplete

Start writingStart writing

Do’s and Don’tsDo’s and Don’ts(essays)(essays)

Do (essays):Do (essays):– IRAC: issue, rule, analysis, conclusion IRAC: issue, rule, analysis, conclusion – Capture and write down every step of analysis, Capture and write down every step of analysis,

even “obvious” points, space permittingeven “obvious” points, space permitting– Argue both sides when necessary (not at every Argue both sides when necessary (not at every

stage of decision tree if not warranted)stage of decision tree if not warranted)– Answer the specific question askedAnswer the specific question asked– Use common sense/good judgmentUse common sense/good judgment– Understand how to allocate your time. Understand how to allocate your time.

Don’t . . .Don’t . . .

Change facts or assume facts that do not appear Change facts or assume facts that do not appear in fact pattern; if not sure, state assumptionin fact pattern; if not sure, state assumption

““Throw around” legal terms in inexact wayThrow around” legal terms in inexact way Waste time on fancy introductions or reiterative Waste time on fancy introductions or reiterative

conclusionsconclusions Discuss issues that don’t really applyDiscuss issues that don’t really apply Try to be excessively creativeTry to be excessively creative Try to be humorousTry to be humorous

Do: Do: (multiple choice/short answer)(multiple choice/short answer)

Read each answer carefully before selecting Read each answer carefully before selecting correct onecorrect one

Spot complexitiesSpot complexities Be preciseBe precise Use your experience to employ strategies Use your experience to employ strategies

that have worked for you in the pastthat have worked for you in the past

Know Professor’s PreferencesKnow Professor’s Preferences

Should you cite to Should you cite to cases and statutes or cases and statutes or rules?rules?

How important are How important are conclusions?conclusions?

Breadth versus depth?Breadth versus depth? ““Right” answers?Right” answers? Creativity versus strict Creativity versus strict

accuracy?accuracy?

Remember . . .Remember . . .

Walking out feeling miserable is probably Walking out feeling miserable is probably good sign!good sign!

Grading curve is up to 3.25 – that means Grading curve is up to 3.25 – that means majority likely to get B or bettermajority likely to get B or better

Let’s Try ExerciseLet’s Try Exercise

Approaching Law School Exams: Hypothetical for Exercise

On September 10, 2012, in the state of New Columbia, Walter, a 70-year-old man, purchased a new car from Reliable Motors by trading in his existing vehicle and financing the balance of the purchase price. Reliable Motors informed Walter that day that he had been approved for financing, all the paperwork was completed, and Walter left the dealership in his new car. Included in the “Motor Vehicle Cash Purchase Agreement” executed by both parties was a provision that stated, “To the best of my knowledge, my trade does not and has not had frame damage, nor has it been declared a salvage vehicle.” Five days later, a Reliable Motors employee, Timmy, called Walter informing him that an inspection of the trade-in revealed frame damage that had been improperly repaired. Timmy called Walter a no-good liar, told him that if he did not either repurchase the trade-in or pay Reliable Motors the reduction in the car’s value due to the frame damage, Reliable Motors would initiate legal action. Walter insisted that he had no knowledge of any frame damage to the trade-in and that the vehicle had been inspected, appraised, and accepted as a trade-in by Reliable Motors prior to the completion of the new car sales transaction. Timmy again called Walter a liar, screamed various obscenities, and hung up on him.  

The next day, Timmy called Walter back and inquired whether Walter had made a decision. Walter responded that Reliable Motor’s position was neither reasonable nor legitimate and that he would consult an attorney. Timmy screamed more obscenities at Walter and told him that if he sued Reliable Motors, he would not have any chance of winning his case. Walter was extremely anxious and fearful of being sued by Reliable Motors because he was unfamiliar with the legal system and could not afford to pay attorney’s fees. He felt insulted by Timmy’s statements, experienced difficulty sleeping and headaches, and was distracted from his work obligations.  

Two weeks later, on a rainy afternoon, Timmy confronted Walter in a public parking lot outside of a shopping center. Timmy screamed at Walter, “Old man, you are a liar and a crook.” Upon hearing this, Walter raised his umbrella, began waiving it wildly, and rushed towards Timmy. Timmy grabbed Walter to restrain him and held him in a headlock until the police arrived two minutes later. Neither Walter nor Timmy suffered any physical harm from the incidents.  

Questions?Questions?

GoodGood luckluck!!