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ORDER OF PROCEEDING

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ORDER OF PROCEEDING

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  1. ORDER OF PROCEEDING • Logistics & Exam Structure • Exam Technique • Generally • QI: Opinion/Dissent • QII: Statutory Amendment • QIII:Issue-Spotter • Questions from You • Exam Technique & Logistics • Substantive

  2. Logistics & Exam Structure

  3. General Logistics • On Course Page: • Exam Instructions Page posted now • Posted tonight: • These Slides • Model Answers for 3 Practice Qs • Model Answers for Spring 2011 Exam • Exact List of Subjects That Might Be Covered

  4. General Logistics Practice Exam Qs for Review • Instructions on Course Page • Must be submitted by Sunday @ 4 pm • I’ll get you feedback by e-mail by next Wednesday @ 4 pm • I’ll do all of one Q at a time. Within each Q, I’ll do in the order received.

  5. General Logistics • I will respond to E-mail Qs(within reason)sent before 11pm Wednesday April 25; I will send e-mails to whole class if I think Qs are significant.

  6. General Logistics • Written Assignments Not Available  • Compare work to posted comments & models • Ask Qs that don’t give your work away. OR • Send Qs to Letty Tejeda and ask her to forward w/o your name.

  7. Exam Coverage • Test can’t cover every issue in the course • Major issues from all across course • Major issues should be familiar from questions and/or hypotheticals raised & discussed in class or from written assignments. • Trying to reward attendance, careful prep of DQs & careful work on written assignments

  8. Exam Coverage • Testing This Year’s Course; Issues from Prior Years in Old Tests Outside Scope: • Standing • Statutory Defenses (exc. 3604(f)(9)) • Steering & Blockbusting • Reasonable Modification • Sexual Harassment & 3617

  9. Exam Coverage • Just FHA & §1982; Can Use State Statutes & Cases as Examples

  10. Exam Coverage • Just FHA & §1982 • Constitutional Law: Very Limited • Not asked for substantive Constitutional analysis • Can use avoidance of Constitutional issues as a policy argument (as in Rommmate.com)

  11. Exam Coverage Two Topics That Will Be Covered (to think about in advance): • Roommate.com issue in context of §1982: • Race v. other characteristics • Language/Purpose of §1982 v. FHA • Can look at Jones for some of this • Example of non-statutory exception

  12. Exam Coverage Two Topics That Will Be Covered (to think about in advance): • Roommate.com issue in context of §1982 • Special Issues w Religion (1 or both of): • Is it religious discrimination for a landlord to establish a facially neutral rule for religious reasons? • Should there be an FHA claim when facially neutral rules interfere with people’s ability to practice their religion?

  13. Structure of Exam • Three equally weighted Qs, one of each type • Eight-hour take home • About 2.5 hours per Q • I suggest • ~2 hours: Write answer as thoroughly as you can • ~30 Minutes: Edit down to page limit • Formatting instructions online: • Follow exactly to avoid penalties • I suggest setting up correctly formatted Word document in advance

  14. Open Book Take-Home Tests: Virtues • Time to Read Carefully • Checklists • Blow-ups of Selected Statutes • Security Blanket of Having Everything Available • Clothing Optional • Food & Drink Available Throughout

  15. Open Book Take-Home Tests: Dangers • Temptation to Study Less & Look Stuff Up During the Test: • You’ll Miss Issues • You’ll Cut Way Down on Your Writing Time • Avoid Copying (v. Reading & Responding) • cf. Computerized Telephone Answering Menu • From Outline • From Old Model Answers • Long Passages from Cases or Statutes

  16. Open Book Take-Home v. In-Class Exam • Qs will not be more difficult than what I normally give, although Q3 may be a bit longer b/c of time to read • 6 pages is about typical length for best answers on in-class exams. • I won’t grade harder b/c take-home, except I will be less tolerant of disorganization and impenetrable sentences b/c you have time to edit/proofread

  17. Aftermath • After May 11, I’ll send e-mails with grading progress. • I’ll send e-mails when assignments are ready to be picked up.

  18. Aftermath • Once grades are posted, I’ll make available a packet for you to pick up with: • Copy of your test • Exam Questions, My Comments & Best Answers • Explanation of Grading & Your Individualized Scores • Assignments not yet picked up • I’ll set times to meet to review with you if you choose (both in Summer and in Fall)

  19. Qs on Structure or Logistics?

  20. Exam Technique: Generally

  21. Exam Technique: Generally • My Exam Techniques Lectures Available on Academic Achievement Website • Some Repetition Here, But Focused on Problems Commonly Arising on Old HDisc Exams

  22. Exam Technique: Generally (1) Follow Directions • Read Very Carefully • My Exams: Different Qs = Different Tasks • Kinds of arguments/authority useful for each is different • Important to see differences between Issue-Spotter and other two kinds (I’ll do in more detail below)

  23. Exam Technique: Generally (2) Best Prep is Old Exam Qs • Do under exam conditions (esp. Q1/Q2) • Review in groups if possible • Read my comments • Use model answers • to see organization/style I like • to see some possible ways to analyze • neither complete nor perfect

  24. Exam Technique: Generally (3) Testing Ability to Use Tools, Not Knowledge of Them • Don’t Simply Recite Legal Tests; Apply Them (as Soon as You Mention Them) • Helpful (but not Crucial) to Refer to Relevant Authority (see old best answers) • Make your reasoning explicit: Wizard of Oz (Because, Because, Because)

  25. Exam Technique: Generally (4) Draft, Not Final Product • No need for formal introductions & conclusions • Use abbreviations (names; recurring phrases) • Can use telegraph English • Use headings, not topic sentences • Can use bulleted lists (e.g., of evidence supporting one side of an argument)

  26. Exam Technique: Generally (5) Be Concise Regarding the recurring problem of wordiness, almost all of the thirty-three otherwise diligent and competent students who in 2010 took the time to submit a practice exam answer in Property IJ 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.

  27. Exam Technique: Sample (Disc. Intent) McD-Dgs Bdn Shift (see Asbury) • PF Case • P.Class: Sex/Fem • Applied? Filled out appl. • Qualif?Hi credit score; OK TNT • Denied: On wait list, but last apt and min. 1 yr lease so probly equivalent • Left Open/Non-Class Member: Sat on for 3 days w no alt; then went to man • D Easy Bdn to i.d. Legit Reason: Mac + TNT + Compatibility • P Bdn to Show Pretext: …

  28. Exam Technique: Sample (Disc. Intent) Notes re McD-DgsBdn Shift • Direct Proof Analysis Mostly = Pretext Step of McD-Dgs (X-Reference; Don’t Repeat) • When Not to Use • If seems like won’t add much (quick version or 0) • Gov’t defendant doing zoning/legislation

  29. Exam Technique: Generally (6) Use of Cases • If case directly addresses issue raised by test, I expect you to discuss/compare it. • For other points, citation to relevant authority is helpful, but not crucial • Use single words or brief abbreviations as case citations: Starrett, Jones, SoSub, SoMgmt

  30. Qs on Exam Technique Generally

  31. Exam Technique: Question IOpinion/Dissent

  32. Question I: Purposes • Force you to articulate arguments both ways • Force you to give policy/theory rationales • Good housing policy • Statutory interpretation materials/arguments • Best place for Blatt/Speluncean Explorers;/Legisl History • BUT: Use tools, don’t just show them off • Demonstrate you understand Judge’s role: • This case and others • Judiciary & statutes

  33. INSTRUCTIONS:Compose drafts of the analysis sections of a majority opinion for the U.S. Supreme Court, and of a shorter dissent, deciding this questions in the context of the facts of this case.

  34. Question I 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.

  35. Question I … of the analysis sections … • No need for • Introduction • Statement of facts • Procedural history • Separate history of the legal issue • Conclusion • Do make clear which side would win

  36. Question I … of a majority opinion … and of a shorter dissent … • Articulate best arguments for two different positions (doctrinal & policy). (I really don’t care who wins.) • Each opinion needs to justify the particular approach it endorses (v. alternatives)

  37. Question I … of a majority opinion … and of a shorter dissent … • Do 2 separate opinions (or big penalty) • 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.

  38. Question I … of a majority opinion … and of a shorter dissent … • Increasing Degree of Difficulty: Each opinion should try to deal w other side’s best arguments (“Four Tasks”)

  39. Question I … for the U.S. Supreme Court … • Lower court cases aren’t binding • Awareness that deciding law for whole country, 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

  40. Question I … deciding this question … • Q is very specific; read carefully • Stay within any boundaries set by Q • Case in problem up on pleadings; not asked to do application of law to facts • Don’t avoid addressing my Q by making cute legal or procedural arguments.

  41. Question I … deciding this question … • Address arguments made by lower courts • Guiding you to some available arguments • At least have side that rejects say why

  42. Question I …in the context of the facts of this case. • Again read carefully • Think about why particular facts & allegations are there • Treat my facts/allegations as given (don’t argue with Question)

  43. Question I …in the context of the facts of this case. • Can use facts/allegations from particular case you’re given as example or as counterexample • “The case before us demonstrates why …” • “We think this case is not typical because …”

  44. Question I: Best Answers • Show good understanding of relevant authority: caselaw & policy • Show familiarity w statutory materials • Provide strong arguments both ways • Respond in each opinion to best arguments of other side

  45. Question I: Preparing • Be aware of policies supporting particular rules or relevant to particular areas of law • Look at old comments/models. • Look at Comments/Models for Assignment IV • Do at least one under exam conditions

  46. Question I: Final Point… And finally, if you choose to name your judges (you don’t have to) … Majority (Trump, C.J.)… Simpson, J., Dissenting: …

  47. Question I: Final Point… … don’t use your name (or your pseudonym) as the name of one of the judges!! Simpson, J., Dissenting: Doh!

  48. Questions on Question I

  49. Exam Technique: Question IIStatutory Amendment

  50. Question II Two Skills: Statutory Drafting & Policy Discussion