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

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

3. Before Walking In Have outline completed and material mastered to high level of detail Have outline completed and material mastered to high level of detail Have checklist completed Have checklist completed Utilize practice exams Utilize practice exams Know professors exam style – hopefully know the exam rules before walking in Know professors exam style – hopefully know the exam rules before walking in

4. At the exam room... Get there early, settle in. Get there early, settle in. Review checklist Review checklist

5. When exam is handed out... Place your exam number on the places indicated Place your exam number on the places indicated [Closed book – quickly recreate checklist on blank paper] [Closed book – quickly recreate checklist on blank paper] Read the rules carefully!! Read the rules carefully!! READ THE (FIRST) FACT PATTERN COMPLETELY THROUGH – DO NOT START WRITING!!! READ THE (FIRST) FACT PATTERN COMPLETELY THROUGH – DO NOT START WRITING!!! Annotate fact pattern Annotate fact pattern Know from what perspective you need to answer the question. Know from what perspective you need to answer the question.

6. Then... THINK!! THINK!! Essay Question: Sketch outline to answer, as complete as possible; identify issues; identify key facts. Essay Question: Sketch outline to answer, as complete as possible; identify issues; identify key facts. Use checklist to make sure outline is complete Use checklist to make sure outline is complete Start writing Start writing

7. Dos and Donts (essays) Do (essays): Do (essays): –IRAC: issue, rule, analysis, conclusion –Capture and write down every step of analysis, even obvious points, space permitting –Argue both sides when necessary (not at every stage of decision tree if not warranted) –Answer the specific question asked –Use common sense/good judgment –Understand how to allocate your time.

8. Dont... Change facts or assume facts that do not appear in fact pattern; if not sure, state assumption Change facts or assume facts that do not appear in fact pattern; if not sure, state assumption Throw around legal terms in inexact way Throw around legal terms in inexact way Waste time on fancy introductions or reiterative conclusions Waste time on fancy introductions or reiterative conclusions Discuss issues that dont really apply Discuss issues that dont really apply Try to be excessively creative Try to be excessively creative Try to be humorous Try to be humorous

9. Do: (multiple choice/short answer) Read each answer carefully before selecting correct one Read each answer carefully before selecting correct one Spot complexities Spot complexities Be precise Be precise Use your experience to employ strategies that have worked for you in the past Use your experience to employ strategies that have worked for you in the past

10. Know Professors Preferences Should you cite to cases and statutes or rules? Should you cite to cases and statutes or rules? How important are conclusions? How important are conclusions? Breadth versus depth? Breadth versus depth? Right answers? Right answers? Creativity versus strict accuracy? Creativity versus strict accuracy?

11. Remember... Walking out feeling miserable is probably good sign! Walking out feeling miserable is probably good sign! Grading curve is up to 3.25 – that means majority likely to get B or better Grading curve is up to 3.25 – that means majority likely to get B or better

12. Lets Try Exercise

13. 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 cars 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 Motors 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 attorneys fees. He felt insulted by Timmys 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.

14. Questions? Good luck !