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Law school exams
Law school and exams : preparing and writing to win / Charles R. Calleros, Professor of Law, Arizona State University.
Bibliographic Record Display
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Title:[Law school exams]
Law school and exams : preparing and writing to win / Charles R. Calleros, Professor of Law, Arizona State University.
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Author/Creator:Calleros, Charles R., author.
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Published/Created:New York : Wolters Kluwer, [2021]
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KF272 .C35 2021
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Law--Study and teaching--United States.
Law examinations--United States.
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Edition:Third edition.
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Description:xxiii, 324 pages ; 23 cm
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Series:Aspen coursebook series.
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Summary:"A concise, two-part text covering wellness and academic skills for success in law school; and exam preparation, strategies, and techniques for succeeding on law school exams"-- Provided by publisher.
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ISBN:9781543825350 paperback
1543825354 paperback
9781543825367 electronic book
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Contents:Machine generated contents note: pt. ONE SUCCESS IN THE STUDY OF LAW
ch. 1 Preparing for Law School
I. Anatomy of a 1L Course
II. Attitude: A Mindset for Success
A. Reflect on Your Goals for Law School and the Practice of Law
B. Maintain Your Motivation for Success While Maintaining Collegiality
C. Commit Now to Taking Your Studies Seriously
1. Reasons to Put Forth Your Best Efforts
2. Avoid the Pitfall of Creating an Excuse to Do Less Than Your Best
3. But Put a Positive Spin on It
D. Adopt a Growth Mindset
E. Be Prepared to Seek Critical Feedback and Learn from It
F. Be Prepared to Seek Assistance and Benefit from It
G. Gain Comfort with Uncertainty
III. Practical Steps for Succeeding in Law School
A. Commit to Engaging in Active Learning
B. Pace Yourself While Maintaining Well-Being
C. Maintain Your Machine: Exercise, Diet, and Sleep
D. Mindfulness, Meditation, and Metacognition
E. Time Management
1. Hit the Ground Running
2. Prepare a Weekly Schedule
3. Prepare a Semester Calendar
IV. Next Step
ch. 2 Case Method: Focus on Judicial Opinions
I. Introduction to the Legal System
A. Branches of Government
B. Legislation
C. Common Law
II. Case Law and Cases
III. Court Structure and Stare Decisis
A. State and Federal Court Systems
B. Precedent and Stare Decisis
1. Binding Precedent
2. Overruling a Court's Own Precedent in Special Circumstances
3. Precedent from Other Court Systems May Be Persuasive but Not Binding
4. Precedent from a Reviewing Court May Be Distinguishable, and Thus Nonbinding, Although Still Potentially Useful
C. Summary of Terms and Concepts
IV. Next Step
ch. 3 Briefing Cases
I. Reading a Judicial Opinion
A. Your Location of Study
B. Strategies for Reading a Judicial Opinion with Active Engagement
1. Do Your Own Work
2. Identify Context
3. Successive Readings of the Opinion
4. Gain a Concrete Understanding of the Facts
5. Adopt a Role and Purpose
6. Actively Engage with the Opinion
7. Reflect on the Case
8. Residual Questions or Confusion Can Be Constructive
II. Elements of a Case Brief
A. Popular Format for a Case Brief
1. Identify the Case
2. Summarize the Facts
3. Summarize the Procedural History
4. State the Issues
5. State the Holdings
6. Discuss the Court's Reasoning
7. Evaluate the Case
8. Synthesize the Case with Other Cases That Address the Same Issue
B. Sample Case Brief
III. Class Discussion
A. Socratic Method
B. Fielding Questions with Uncertain Answers
1. When the Answer Is Uncertain, Develop Arguments
2. Illustration in a Nonlegal Context
3. Illustration in a Legal Context: Warrantless Search of a Motor Home
Exercise: Case Brief for a Course in Torts
IV. Next Step
ch. 4 Taking and Reviewing Class Notes
I. Reviewing Your Notes Before Class
II. Taking Class Notes
A. Stay Engaged During Class
B. Don't Transcribe
Think, Process Information, and Note Essential Points
C. Use Class Time to Your Advantage
III. Refine Your Notes Immediately After Class
IV. Back Up Your Notes and Projects
V. Periodic Quizzing on Course Material Throughout the Semester
A. Forced Retrieval
B. Spaced Repetition
C. Interleaving
VI. Fitting It All into Your Schedule and Doing It Well
A. Make the Most of Your Time
B. Avoid Procrastination
VII. Next Step
ch. 5 Synthesizing Cases
I. Case Synthesis
A. Backing Up to See the Whole Forest
B. Taking Your Legal Writing Course Seriously
II. Examples of Case Synthesis
A. Warm-Up: Example in a Nonlegal Context
B. Example in a Legal Context: Punitive Damages for Breach of Contract?
C. Example: Damages for Emotional Distress for Breach of Contract
D. Crossing the Bridge
Exercises: Synthesis
III. Next Step
ch. 6 Preparing Outlines and Flowcharts
I. Why Outline?
II. Outlining Process: Getting Started
A. Previous Examples in This Book
B. Stocking the Candy Shelves
C. Example: Misrepresentation and Nondisclosure in Contract Formation
III. Stating Rules and Illustrating Them with Examples
Exercise 1 Finding and Stating a Multifaceted Rule
Exercise 2 Synthesizing Two Cases and Outlining Ads as Offers
Exercise 3 Following Up on a Synthesis Exercise
Exercise 4 Advanced Exercise: Outlining Consideration
IV. Flowcharts and Other Graphics
A. Illustration from International Sales Law
B. Illustration from First-Year Contracts
C. Don't Force a Flexible Analysis into a Mechanical Flowchart
V. Next Step
pt. TWO SUCCESS IN TAKING LAW SCHOOL EXAMS
ch. 7 Learning What to Expect on Each Professor's Exam
I. Find and Study Past Exams
II. Ask Your Professor About the Exam
III. Take Practice Exams and Assess Your Performance
A. Practice to Improve
B. Solicit Feedback on Your Performance
C. Pose Your Own Exam Questions
IV. Do Not Commit to a Prediction of the Exam Issues
V. Modify Your Outline Shortly Before the Exam
A. Learn Through the Process of Outlining
B. Create Spin-Offs from Your Main Outline
1. Highlight the Main Headings
2. Compose a Checklist of Issues
3. Prepare a Strategic Guide for Problem Solving
VI. Next Step
ch. 8 Getting Primed for the Task
I. Adopt a Winning Attitude
II. Maintain Your Machine
III. Facing Exam Day
IV. Next Step
ch. 9 Techniques Common to All Essay Questions
I. Effective Use of Time
A. Expect Time Pressure
B. Logical Allocation, Not Gambling
C. Objective Questions
D. Essay Questions
1. Illustration in a Nonlegal Setting
2. Application to the Legal Setting
3. Allocating Your Time Among Essay Questions
E. Never Give Up
II. Reading and Analyzing Essay Questions
A. Mastering the Question
1. Plan of Action
2. Illustration
B. Plan Your Answer
C. Reacting to Apparent Mistakes in an Exam Question
1. State Your Assumption About an Error or Omission
2. Do Not Lightly Alter the Facts of an Exam
III. Writing the Answer
A. Production Rather Than Perfection
B. Express All the Links in Your Chain of Logic
C. Depth of Analysis
1. Sample Office Memorandum
2. Sample Exam Answers on Same Issue
a. In-Depth Answer
b. Full IRAC with Moderate Depth of Analysis
c. Hurried Analysis in an "Issue-Spotting" Exam
IV. Next Step
ch. 10 Fact-Based Essay Questions with Uncertain Conclusions
I. Elements of the Answer
IRAC Realized
A. General Format
B. Issues
1. Debatable Questions of Law or Application to Facts
a. Competing Legal Rules
b. Questions About Application of Law to Facts
2. Identifying Issues
a. Example from a Nonlegal Context
b. Example from the Common Law of Burglary
3. Scope of Analysis
4. Expressing Your Identification of Issues
Exercise: Issue Spotting
C. Presentation of the Legal Rule
1. Stating and Defining Legal Elements
2. Stating Competing Legal Rules
3. Stating Policies Supporting a Rule
4. Depth and Formality of Analysis
D. Fact Analysis: Argumentative Application of Law to Facts
1. Depth and Formality of Fact Analysis
2. Presentation of Fact Analysis
3. Working with Specific Facts Rather Than Jumping to Factual Conclusions
E. Conclusion
1. Taking a Position
2. Comprehensive Conclusions
3. Misplaced Rules or Arguments in a Conclusion
4. Do Not Cut Off Secondary Issues
II. Sample Essay Questions and Answers
A. Nonlegal Example
B. Example Raising Issues in Quasi-Contract
Exercises: Practice Exams
III. Next Step
ch. 11 Essay Questions of a Different Kind
I. Fact-Based Essay Question with a Certain Answer
A. Explaining a Result Rather Than Arguing Both Sides
B. Recognizing and Reacting to Questions with Certain Answers
C. Example: The Battle of the Forms
Exercise: UCC § 2-207
II. Essay Questions Without Substantial Fact Analysis
A. Explanation of the Legal Doctrine
Exercise: International Sale of Goods
B. Critique and Policy Analysis
III. Take-Home and Performance Exams
A. Easing the Time Pressure
B. Performance Exams with Sophisticated Materials and Answers
IV. Next Step
ch. 12 Objective Questions: True-False and Multiple-Choice
I. Overview of Challenges Posed by Objective Questions
II. True-False Questions
A. Look for the Flaw in an Assertion That Is Mostly True
B. But Recognize That the Assertion Might Be True in All Respects
C. True-False Questions with Fact Patterns
1. Most Elements of the Statement of Law Are Correct, but the Conclusion and at Least One Element of the Law Are Incorrect
2. Legal Rule Is Incorrect, Even Though the Conclusion May Be Correct
3. Correct Conclusion Is Purportedly Explained by Facts That Would Be Relevant Only Under an Inaccurate Implicit Legal Premise
4. Statement of the Law Is Correct in the Abstract, but Produces a Different Conclusion When Applied to the Facts
5. Accurate Statement of the Law Is Irrelevant to a Correct Conclusion and Thus Does Not Explain It
D. Summary on True-False Questions
Exercise: Five True-False Questions Relating to Common Facts
III. Multiple-Choice Questions
Contents note continued: A. Relationship to True-False Questions
B. Fundamental Strategies
C. Choosing the Best Alternative Assertion in a Multiple-Choice Question
D. Forms of Multiple-Choice Questions
1. Alternative Abstract Statements of the Law
2. Fact-Based Questions
3. Explain the Answer
IV. Ambiguity or Errors in Objective Questions
A. Nature of the Problem
B. Reacting to Mistakes or Flaws in an Objective Question
V. Skipping a Question and Returning Later
A. Skip a Question Only if the Potential Benefit Outweighs the Costs
1. Questions Requiring You to Recall Legal Rules
2. Questions That Require Substantial Fact Analysis
B. Always Mark an Answer to Each Question When You First Encounter It
Exercise: Multiple-Choice Questions
VI. Next Step.