Music: “The Lion King” Soundtrack Album (1996) PROPERTY B FINAL EXAM

7 CHARACTERS 7 Qs

ORDER OF PROCEEDING Logistics & Exam Structure Exam Technique Generally QI: Lawyering QII: Short Problems QIII: Opinion/Dissent QIV: Issue-Spotter Qs on Exam Technique & Logistics

Logistics & Exam Structure

General Logistics Office Hs Tomorrow/Tues 10-1:30 & 2:30-6 I will respond to E-mail Qs (within reason) sent before 6pm Tuesday All Info Memos Are Posted. Comments/ Model Answers Complete & Posted except 2015 (by early tomorrow) & 2017 (I’ll do as much as I can by 10 am Tuesday) I’ll post these slides and link to video of session ASAP after we finish here.

Exam Coverage Distribution Chapter 3 Not Tested Chapters 1-2, 4-5 Each Tested in Two or Three of : QI(a) & (b); QII (A-D); QIII; QIV(a),(b) & (c) Info Memos on Chapters have coverage details Test can’t cover every issue in the course (e.g., Easements 2017 = Estoppel + Implication) Major issues on test should be familiar from review problems and DQs discussed in class

Exam Coverage: Statutes On Q1 (Lawyering Question) often sensible to check if relevant statutes address issues, but none specifically provided If I ask you to do an anti-discrimination issue in Q2 or Q4, I won’t provide statutes & your primary task would be to discuss the evidence of discriminatory intent.

Exam Coverage: Statutes Need to use specific statutes in Q2D and Q4 Statutes Provided on pages immediately following these Qs; can tear off to use All Provisions Directly from Course Materials, Slightly Edited to Remove Some Language Not Relevant to Exam Qs to Clarify or to Fit Problem (e.g., length of AP SoL) See Info Memos on Chapters 1, 2, 4 for Lists of Statutes that Might Appear.

Exam Coverage: Statutes Need to use specific statutes in Q2D and Q4 Must recognize relationship between statutes & common law, which varies. E.g., Mutually Exclusive: FL MW Statutes v. Shack Overlapping: NY Adv. Possession Statutes & Cases Must recognize where statutes are clear and where they are ambiguous. Must be able to apply statutory language correctly. Ask Qs if unsure

Exam Instructions Facilitating My Grading: Tina Separates Qs If Handwriting, Start Each Q in New Bluebook If Using Laptop, check instructions for info on inserting hard page breaks between each Q on both Mac and Non-Mac Computers Draft instructions page of exam will be available on Course Page to read in advance; I’m waiting for Registrar confirmation of page break instructions.

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) CRUCIAL to stick to allotted times (as if your best friend will be harmed if you go over time) Closed book with syllabus attached. Copy of Exam Syllabus on Course Page to practice with.

Using Your Reading Period 1st 15 Minutes Read Test Hyperventilate Choose Which Qs to Write Good Idea Not to Pre-Select; Wait to See Qs Favor Qs Where You See & Have Ideas re Hard Qs Set Order You’ll Write Qs. Consider: Comfort Level; Likely Energy Level at Start & End If Frequent Time Issues, Don’t Do Q2 or Q4 Last

Using Your Reading Period 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 (maybe of headings & subheadings—see next slide) Do last in reading period Q you want to write first

Starting to Write Suggestion for Students Typing Exam to Maximize Benefit of Reading Period to Help Organize Your Answer Might make first step for each Q to type in a sequence of headings & subheadings (prep during reading period) Makes Organization Clear to Me & to You Reminder of What You Want to Cover Places to Stash Ideas Arising While You Work

Qs on Structure or Logistics?

Exam Technique: Generally

Exam Technique: Generally Slides from My Nov 2018 Exam Techniques Lecture Available on Course Page Some Repetition Here, But Focused on Problems Commonly Arising on Old Property 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 References to Relevant Authority (esp. Q2 & Q4) Show All Work Lesson from Wizard of Oz (Because, Because, Because, Because…)

Exam Technique: Generally Testing Ability to Use Tools, Not Knowledge of Them Might think of each case and each chapter as a box of different kinds of tools Don’t try to generalize in advance about which of the tools you’ll use. E.g., Should I lay out the facts of cases I am citing? = Is a screwdriver a good tool to fix things? (Depends) Is a wire whisk a good tool for cooking? (Depends) Choose tools based on the particular task and the particular materials I give you.

Exam Technique: Generally (2) Draft, Not Final Product No need for formal introductions & conclusions Can use abbreviations (names; recurring phrases) Can use telegraph English Can use headings & subheadings to replace topic sentences& transitions (& show organization) Can use bulleted lists (e.g., of evidence supporting one side of an argument or for Q1 of Qs to investigate) If short of time, can do outline of additional points “I know you like…”

Exam Technique: Generally (3) Be Concise. Regarding the recurring problem of wordiness, almost all of the 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 (3) Be Concise. “Check” “Here” “:But” or “However” Transition Sentences  Headings or Subheadings

Exam Technique: Generally (4) Best Prep is Old Exam Qs Do some under exam conditions Especially Q1/Q3 if you haven’t already Do 3 Short Problems in an hour to practice timing Review in groups if possible Read my comments (even if no time to do a particular Q) 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 Qs Easier Than They Are Do the Challenge Specific Task Given (Not Cute Ways Around Key Q) Specific Ingredients Given Time Frame Given If you are well-prepared, you’ll do fine

Exam Technique: Question I Lawyering (Hyenas)

Ed Eastman is … a business client of your law firm Ed Eastman is … a business client of your law firm. Your boss has asked you to work with Him on the two personal matters (labelled a and b) described below. For each, describe the legal and factual research you would need to do to help advise him. I will weight your work regarding each matter roughly equally, so allot your time accordingly.

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 Focus on This Client & His Requests Stick to legal topics raised by requests Keep his legal position in mind (e.g., servient v. dominant estate for Easements)

Question I ORGANIZATION/FORMAT All law/all fact often unsuccessful For each part, might do intro with overview research Then organize by major topics (e.g., elements) Use headings/subheadings to show structure Can use possible legal rules to guide fact research Can use paragraphs or outline form or bullets (drawbacks to each) Look at Old Models for Ideas

Issues with Multiple Rules 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 If not obvious from context, briefly explain why the facts matter HFO: Indicate how you’d locate facts interviews, records, ask client, internet Check any documents you know of

Question I Practical Research Where seems relevant, briefly ask re client priorities/interest in settlement Can investigate whether compromise solutions are possible Can investigate whether other parties might want to settle

Question I Preparing 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 Problems 2A: MUFASA 2B: SCAR 2C: SIMBA & NALA 2D: PUMBAA

Question II Four Problems; Choose any Three Three are topics you’ve seen in short problems One is a new topic for short problems but we’ve covered in other types of Review Problems One is essentially a policy Q IID 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., Shack, JMB) Discuss one element of Adverse Possession One Policy Q: 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 (Look for Fights Not Winners) Usually Unhelpful 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 (Rafiki)

INSTRUCTIONS (1): Compose drafts of the analysis sections of both a majority opinion for the Court, and of a dissenting opinion, deciding this question.

Compose drafts … Question III 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.

… of the analysis sections … Question III … of the analysis sections … Don’t’ Include Introduction (Just “Affirmed” or “Reversed”) Statement of facts Procedural history Separate history of the legal issue Conclusion At outset, do make clear which side would win & rule that side chooses.

… of a majority opinion … and of a dissenting opinion … Question III … of a majority opinion … and of a dissenting opinion … Must be 2 separate opinions I don’t care who wins! Each opinion must provide a range of policy arguments supporting its rule. E.g., Rule best furthers substantive policies in field Rule best incorporates relevant considerations Rule easier to Use/Administer

… of a majority opinion … and of a dissenting opinion … Question III … of a majority opinion … and of a dissenting opinion … Each opinion should try to deal w other side’s best arguments. OLD DF: FOUR SETS OF ARGUMENTS Can use identical headings/subheadings to facilitate

… of a majority opinion … and of a dissenting opinion … Question III … of a majority opinion … and of a dissenting opinion … 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, using identical headings/subheadings.

… for the [Garidoti Supreme] Court … Question III … for the [Garidoti 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

INSTRUCTIONS (2): -- One or both of your opinions should adopt and defend one of the positions articulated in the courts below . -- One of your two opinions may choose to clearly articulate and defend an alternative rule to address the issue raised here -- In any opinion which does not adopt the trial court position, either briefly indicate which party would win and why, OR remand for further proceedings.

Question III Pick two positions; If one is a new rule, can attack unchosen position in each of your opinions, but also attack each other Defense of the Chosen Rules is the Key Non-Responsive if: Telling Me Who Wins Case without Adopting Rule Resolving Case Through Different Legal Issue

Question III Remember that, in this procedural posture, you must treat lower court’s findings of fact as true. Don’t argue with findings of fact You can briefly apply your rule to facts or remand Can use particular facts 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 …”

Question III PREPARING Be aware of policies supporting particular rules or relevant to particular areas of law (right to exclude shows up all over the course) Look at old comments/models. Do at least one under exam conditions And finally ….

If you choose to give names to your judges (you don’t have to) … Question III If you choose to give names to your judges (you don’t have to) … Majority (Sophocles, J.): Dissent (Homer, J.)

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

Question IV “takes place in Cholester, a little-known American state, so the Cholester statutes provided at the end of Question IV apply where relevant.”

Question IV specifically describes three clusters of issues that will be labelled (a) (b) & (c). (See, e.g., 2016 QIV) They’ll be weighted roughly equally so use your time accordingly.

Traditional Issue-Spotter: Question IV Traditional Issue-Spotter: What I’m Looking For Identify the Most Important Issues Quality of Analysis Facility with Statutes Clear Presentation Quantity of Relevant Points Made

Identify the Most Important Issues Question IV 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 (even Lion King references). Facts not broken up by issue; check throughout. Note missing facts/evidence that could help determine outcome (if not inconsistent with facts you do have) & explain significance (“IF”)

Question IV 2. Quality of Analysis Work with/compare relevant authority Make Clear Significance of Facts (Both Provided and Missing) Defend key positions thoroughly Push toward resolutions (Limit)

3. Facility with Statutes Question IV 3. Facility with Statutes Use Statutory Skills Noted in Coverage Section PLUS Matching Recognize which parts of the statutes provided address issues raised by the Q Recognize which issues in the Q might be governed by the statutes provided.

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

5. Quantity of Relevant Points Made 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, you can use abbreviations, headings, bullets You can outline at end if more to say

Questions on Question IV?

Other Qs on Exam Technique or Logistics 3d to Last Slide Other Qs on Exam Technique or Logistics

10-Minute Break Before Substantive Qs Penultimate Slide 10-Minute Break Before Substantive Qs

Very Last Slide Substantive Qs