1. Music: The Jungle Book Soundtrack (1967) SPRING 2016 FINAL EXAM Property Law of the Jungle [Book]

2. 7 SPECIES  7 QUESTIONS

3. & 2 NEW AMERICAN STATES Dan + Ali DANALI = = Chipisuki Chipi + Suki

4. 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

5. Logistics & Exam Structure

6. General Logistics Office Hours Every Day Tomorrow through Sunday (Times Posted on Course Page & on My Door) I will respond to E-mail Qs (within reason) sent before 6pm Sunday

7. General Logistics Remaining Feedback Sample Exam Answers:Sample Exam Answers: – I’m doing a few a day – – Will contact you when ready to set apptmts. Second CritiquesSecond Critiques – Everglades Ready Today after 12:20 –Check Course Page for Status of Others –Once Ready, Can Pick Up from Me or Tina –If Not Picked Up by Friday @ 3, We’ll Send PDF –If Not Ready Till Weekend, I’ll E-Mail

8. General Logistics Remaining Postings Check Top of Course Page These Slides:These Slides: Rest of Comments/Best Answers to 2015 ExamRest of Comments/Best Answers to 2015 Exam Write-Up of VezeyWrite-Up of Vezey Comments on Your CritiquesComments on Your Critiques

9. Exam Coverage Distribution –Chapters 1, 3, 5-6 Each Tested in 2 Qs/problems –Chapter 2 Tested in 1 Q/Problem –Chapter 4 Not Tested Info Memos on Chapters have coverage details Test can’t cover every issue in the course Major issues on test should be familiar from review problems and DQs discussed in class

10. Exam Coverage: Statutes On Q1 (Lawyering Question) Often Sensible to Check if Relevant Statutes Address Issues, but None Specifically Provided

11. Exam Coverage: Statutes Need to use specific statutes in Q2D and Q4Need 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 Qs to Clarify or to Fit Problem (e.g., length of AP SoL) –See Info Memos on Chapters 1, 3, 6 for Lists of Statutes that Might Appear.

12. Exam Coverage: Statutes Need to use specific statutes in Q2D and Q4Need 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. ShackMutually Exclusive: FL MW Statutes v. Shack Overlapping: NY Adv. Possession Statutes & CasesOverlapping: 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

13. Exam Instructions Draft instructions page of exam available on Course Page to read in advance Important Instruction for students doing exam on non-Mac 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 Tina Sutton much time and stress!!! –No need to do this between Problems if you do Question II I will get info on Macs & add to instructions page & post on course page.

14. 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 Exam Syllabus on Course Page to practice with.

15. 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

16. 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 –Makes Organization Clear to Me & to You –Reminder of What You Want to Cover –Places to Stash Ideas Arising While You Work

17. Qs on Structure or Logistics?

18. Exam Technique: Generally

19. Podcasts & Slides from My Exam Techniques Lectures Available on Course Page Some Repetition Here, But Focused on Problems Commonly Arising on Old Exams & Submitted Sample Qs

20. 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)

21. Exam Technique: Generally (1)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.

22. 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 to replace topic sentences& transitions Can use bulleted lists (e.g., of evidence supporting one side of an argument or for Q1 of Qs to investigate) “I know you like…”

23. 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.

24. 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 (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

25. 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 (Not Cute Ways Around Key Q) –Specific Ingredients Given –Time Frame Given If you are well-prepared, you’ll do fine

26. Exam Technique: Question I Lawyering (Akela and the Wolves)

27. Discuss the factual and legal research you would need to do to advise the [CLIENT] regarding the two concerns (labelled a and b) described below. … The two concerns will be weighted roughly equally, so allot your time accordingly.

28. 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

29. Question I ORGANIZATION/FORMAT All law/all fact often unsuccessful Can organize by major topics (use headings and subheadings) Might Do Intro with Overview Research Can use paragraphs or outline form or bullets (drawbacks to each) Look at Old Models for Ideas

30. 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”)

31. Question I Factual Research Looking for specifics, not simply reformulating legal tests as Qs HFO: Indicate how you would locate facts (interviews, records, ask client) If not obvious from context, briefly explain why the facts matter

32. 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

33. 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

34. Questions on Question I?

35. EXAM TECHNIQUE: QUESTION II: Short (as Jungle Winters) Problems 2A: Bagheera the Panther 2D: Mowgli the Man-Cub 2C: Kaa the Python 2B: Bander-Log the Monkey Tribe

36. Question II Four Problems; Choose any Three –Two are topics you’ve seen in short problems –Two are new topics for short problem but we’ve covered in other types of Review Problems –One requires application of statute Can do in any order, but mark clearly 20 Minutes Each: Stick to Time!!!

37. 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.

38. 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

39. 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.

40. Questions on Question II?

41. Exam Technique: Question III Opinion/Dissent (Baloo the Bear)

42. Procedural Posture 1.Brandon “Bear” Blanco files Complaint with List of Allegations 2.Danali State Trial Court Dismisses on the Pleadings, Saying Doesn’t Meet Common Version of Applicable Rule (#1) from Other States (No Clear Rule in Danali) 3.Appellate Court Adopts Different Rule (#2), So Reverses & Remands for Trial; Concurring Judge Would Adopt Yet Another Rule (#3) BUT Agrees on Remand 4.The Danali Supreme Court Granted Review to Decide Whether to Adopt Rule #1, Rule #2, or Rule #3

43. INSTRUCTIONS: Compose drafts of the analysis sections of both a majority opinion for the Court, and of a concurri ng or dissenting opinion, addressing these questions. Each of your draft opinions should adopt and defend one of the three rules noted in the lower courts. Remember that, in this procedural posture, you must treat Bear’s allegations as true.

44. 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.

45. 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

46. Question III … of a majority opinion … and of a concurring or dissenting opinion … Must be 2 separate opinions – If both opinions agree to remand = Concur Meaning you chose to support Rule #2 and Rule #3 – If opinions disagree on result = Dissent Meaning one opinion supports Rule #1 I don’t care which you choose or who wins!

47. Question III … of a majority opinion … and of a concurring or dissenting opinion … 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 Each opinion should try to deal w other side’s best arguments. (OLD DF: FOUR SETS OF ARGUMENTS)

48. 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.

49. Question III … for the [Danali 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

50. Question III Each of your draft opinions should adopt and defend one of the three rules noted in the lower courts. Not Helpful Here to Make Up New RulesNot Helpful Here to Make Up New Rules Pick any two; Can attack the third in each, but also attack each otherPick any two; Can attack the third in each, but also attack each other Defense of the Chosen Rules is the KeyDefense of the Chosen Rules is the Key Non-Responsive if:Non-Responsive if: –Telling Me Who Wins Case without Adopting Rule –Resolving Case Through Different Legal Issue

51. Question III Remember that, in this procedural posture, you must treat Bear’s allegations as true. Don’t argue with allegationsDon’t argue with allegations Problem doesn’t ask you to apply your rule to allegationsProblem doesn’t ask you to apply your rule to allegations Can use particular allegations you’re given as example or as counterexample in main analysisCan use particular allegations you’re given as example or as counterexample in main analysis “The case before us demonstrates why …”“The case before us demonstrates why …” “We think this case is not typical because …”“We think this case is not typical because …”

52. 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 ….

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

54. Question III Don’t use your name as the name of one of the judges!! D’oh! Majority (Sophocles, J.) Dissent (Homer, J.)

55. Questions on Question III?

56. Exam Technique: Question IV Traditional Issue-Spotter (Shere Khan the Tiger)

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

58. (See 2014 QIV for Examples) Question IV specifically describes three clusters of issues that will be labelled (a), (b), (c). (See 2014 QIV for Examples) They’ll be weighted roughly equally so use your time accordingly.

59. Question IV Traditional Issue-Spotter: What I’m Looking For 1.Identify the Most Important Issues 2.Quality of Analysis 3.Facility with Statutes 4.Clear Presentation 5.Quantity of Relevant Points Made

60. 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.

61. Question IV 2. Quality of Analysis Arguments for both sides of contested issues. Try to use all the facts in the problem (even Jungle Book references) You can note missing facts/evidence that could help determine outcome (if not inconsistent with facts you do have)

62. Question IV 2. Quality of Analysis Work with/compare relevant authority Defend key positions thoroughly Push toward resolutions (Limit)

63. 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,

64. 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

65. 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

66. Questions on Question IV?

67. Very Last Slide Other Qs on Exam Technique or Logistics