Final Exam Tip

1
Final Exam Tip 1

• DONT PANIC!

2
Baker-style exam questions

• Traditional issue-spotters.
• Usually based on real cases.
• You will be given a role and asked to solve a
  problem.
• Part short answer with length limits, part
  multiple choice.

3
Before the Exam Health and Sanity

• Dont wait for finals week to start studying.
• Dont cram until the last minute.
• Do get a good nights sleep TWO NIGHTS before the
  exam (and the night before the exam, too).
• Limit caffeine intake.
• Dont study more than 12-14 hours/day.

4
Preparing for the Exam

• The most common type of error on the final exam
  is confusing conceptual minimal pairs closely
  related topics like
• Past recollection recorded vs. refreshed
  recollection
• Circumstantial evidence of state of mind vs.
  hearsay declaration of state of mind
• Character directly in issue vs. character as
  propensity evidence
• Make sure you keep these, and other closely
  related, concepts straight.

5
Preparing for the Exam

• A good way to solidify the distinction between
  closely related concepts, like bad act
  impeachment vs. impeachment by prior criminal
  conviction, is to make yourself a set of
  old-fashioned flash cards comparing the two
  concepts.
• Carry them wherever you expect to have to wait a
  few minutes.
• Study them during TV commercials.

6
Preparing for the Exam

• Keep your outline focused on the forest, rather
  than the trees.
• Create flowcharts.
• Use your own materials.
• Late in the semester, CALI materials are unlikely
  to help much.

7
Preparing for the Exam

• Take practice exams and compare your answer to
  the sample answer.
• Sample exams from other law schools are readily
  available on the internet.
• You will probably have the best luck with the
  following law school websites Boalt Franklin
  Pierce Harvard and U. of Missouri at Columbia.

8
How Should I take the Exam?

• Do whatever is most comfortable for you.
• If you are comfortable typing and usually draft
  on the computer, take your exam by computer.
• If you are more comfortable drafting with pen on
  paper, take your exam by hand in a bluebook.

9
At the Exam What to Bring

• Dont come to the exam loaded down with a
  wheelbarrow of materials. You wont have time to
  look through them.
• Create an outline of manageable length, index it,
  and then condense everything into a one-page
  summary.

10
During the Exam Reading the Question

• Read the question once through without a pen, to
  get the big picture. Then read it again and make
  notes.
• Answer the question that is asked.
• Answer each question separately.
• Stick to the suggested time limits.

11
Multiple Choice Questions

• Before answering the question, outline an
  analysis of the question, as though you were
  writing a short essay question. That will give
  you the answer.

12
Dont Get Rattled

• At some places in the exam, I will ask you to
  assume that the Court has admitted or excluded
  proffered evidence.
• The Courts hypothetical decision was influenced
  solely by my need to set up the exam question.
  It may or may not be correct. In fact, I make a
  conscious effort to have the trial judge bat .500.

13
During the Exam Preparing the Answer

• Remember this is a class in evidence, where the
  phrase win/lose on a technicality gains special
  meaning.
• Pay attention to details.
• Watch out for tricks.
• Watch out for red herrings.

14
During the Exam Organizing the Answer

• A good way to begin your answer is often
• The first issue the court must decide is X.
• You need to know this because . . .

15
During the Exam Organizing the Answer

• A B answer looks like
• Issue
• Rule
• Application
• Conclusion

• An A answer looks like
• Issue
• Rule
• Application
• Conclusion

16
During the Exam Organizing the Answer

• Dont waste a lot of time and space on decorative
  fluff. Identify the problem. Discuss the issues
  raised by the case. Present your solution.
• Then stop writing and go on to the next question.
• If I ask you what time it is, dont tell me how
  to make a clock.

17
During the Exam Organizing the Answer

• Emphasize what counts.
• Spend the bulk of your time on the more difficult
  parts of the problem.
• Address easy or preliminary points quickly get
  them out of the way.

18
During the Exam Organizing the Answer

• Stick to the time limits. There are only so many
  points available on any one question. If you
  spend too much time on Question 1, you wont
  have time to get many points on Question 2.
• If youre running out of time, finish your answer
  in outline format.

19
During the Exam Organizing the Answer

• When I grade exams, I grade each question
  separately.
• I.e. First, I grade Question 1 for everybody.
• Then I grade Question 2 for everybody, etc.
• What this means for you is that you should answer
  the questions separately. Do NOT assume that,
  just because you said it in Question 1, you get
  points for it in Question 2.

20
During the Exam Donts

• Dont invent facts.
• Especially dont invent facts that make hard
  problems go away.
• Dont say If the Court decides X . . . without
  deciding. The points are where the hard issues
  are.
• Dont regurgitate the contents of your entire
  outline onto the answer page.
• Do apply the rules that are relevant to solving
  the problem.
• Dont regurgitate Rules.
• Dont pad your answer.
• Dont panic.

21
Common Mistakes

• Misuse of prejudice.
• Prejudice misuse
• Prejudice ? hurts my case
• A brick is not a wall.
• Just because a piece of evidence isnt
  dispositive, doesnt make it irrelevant.
• Just because an inferential chain isnt perfect,
  doesnt mean the evidence isnt relevant.
• Admitting a piece of evidence that passes one
  admissibility test and flunks a second one.
• Inadequate analysis.