1. Agenda for 22rd Class Administrative Stuff Handouts Slides 2015 exam
Review Class
Th 12/8. 10AM-12PM. Rm 1
No other classes, except Review Class
No TA office hours after this week
Prof. Klerman office hours for rest of semester
M 11/21 3:15-5:45PM (today)
M 11/ PM (regular class time), 3-5PM
Th 12/8. noon-5PM (after review class)
Assignment for Review Class
No writing assignment (mandatory or optional). TAs need to study
Prepare Questions you want to ask me
Review of Rules & Standards
DDDA
, 9

2. Study Tools Portal: My Applications (left panel): Secure Documents
Model answers to all writing assignments
Portal: My Applications (left panel): Recorded Classes
Recordings for all classes
LL&V button
Slides for all classes
Exams and exercises not assigned
Los Paisanos & To Have Once Been a Beetle
2009 exam
Exam, memo and model answers on Secure Documents Portal
In Matter of David and Blanche Flower
Exercise #4 in LLV materials
Model answer on Secure Documents Portal
Not clear whether was an exam or always just an in-class exercise

3. Exam In class Friday, 12/9, 9-11AM (won’t need 2 hours)
Multiple choice
Open book, can use calculator, dictionary
MC Challenges
At your discretion you may (in ExamSoft or on paper), make a written appeal with respect to any two of the questions that you feel are ambiguous or unfair. If you make more than two written appeals, I will ignore all but the first two. If you make a challenge to a question, be sure to state in your challenge which answer you marked on the computer sheet, which other answers you think are plausible, and why.
Take home
Essay or essays
Friday, 12/9, 1-9PM
Integrity
You must do the exam alone
You cannot share or discuss exam questions with those who take exam later
Cheating has not been a problem at USC Law
If you cheat or help others to cheat, you can be expelled.

4. Exam Advice Read question carefully
Outline answer before starting to write, so well structured
Pay attention to genre
Memo to partner different is different from appellate opinion
Include one or two-paragraph executive summary at the beginning
Summarize key conclusions and reasons for those conclusions
NOT just road map
Use headings to separate issues
Consider putting most important issues first
Make sure you justify your conclusions with reference to facts in the question
Take a break after completing your first draft
Go over one page outline/list of topics & issues to make sure you didn’t miss issues
Re-read the question and go over one-page outline again
Proofread and revise
Take a break
Reread question again, go over one-page outline again, revise again, proofread

5. Review of Rules & Standards
Easier to apply, predict, and for judge to grant SJ
Cheaper to litigate
Harder to draft
Easier to evade
Mismatch between rule and underlying policies
Standards
Harder to apply, predict, grant SJ
More expensive to litigate
Easier to draft
Harder to evade
Tighter fit between standard and underlying policies
Rules & standards are continuum
Rules can be pro-plaintiff or pro-defendant
Ditto for standards
Realists tended to prefer standards
But some backlash

6. Drug Discovery & Distribution Act

7. Summing Up Goal is to provide tools that can use in all classes
2 main themes – Interpretation & normative analysis
Interpretation
How to interpret statutes
Will be especially useful in BusOrg, Tax, Administrative Law, and other
How to interpret cases & how common law evolves
Useful in all classes
Normative reasoning
Economic analysis
Cost-benefit analysis, externalities, Coase Theorem, Information
Should be useful in all classes, especially Property
Rights and Fairness
Should be useful in all classes
Integrating interpretation & normative analysis
Legal Theory
Dworkin, Realism, Rules & Standards
Useful in many classes, e.g. understanding Civ Pro – Erie, Intl Shoe