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Minority Legal Education Resources

Minority Legal Education Resources. Summer 201 9 DIRAC CLINIC. What We Will Cover Today. MLER Student Policies Study Habits and Tips DIRAC MPT. MLER STUDENT POLICIES HIGHLIGHTS. Create and follow a study schedule Create your own outline for each subject

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Minority Legal Education Resources

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  1. Minority Legal Education Resources Summer 2019 DIRAC CLINIC

  2. What We Will Cover Today MLER Student Policies Study Habits and Tips DIRAC MPT

  3. MLER STUDENT POLICIES HIGHLIGHTS • Create and follow a study schedule • Create your own outline for each subject • Attend MLER every week and take ALL PRACTICE EXAMS • Always outline your answer BEFORE you start to write • DIRAC, DIRAC, DIRAC • DO NOT abbreviate in your answer, except for HDC, UCC, BFP and PMSI • Use proper legal buzzwords in the proper legal context • Be mindful of your handwriting/typing (including spelling) • Review model answers for organization and wording of rules • Come back and tutor

  4. STUDY HABITS AND TIPS The following is a list of study tips that have worked for students in the past. Although we find these tips work for most students, you should tailor your study schedule and habits to what has proven successful for you thus far.

  5. CREATE AND FOLLOW A SCHEDULE • Create a weekly and monthly schedule and follow it • Schedule should include commercial bar review course and readings, outlining practice questions and daily activities (I.e. eating, napping and commute times) • The schedule is flexible and will probably change. • We’re looking for 8-9 hours a day MINIMUM even if you have to work

  6. SAMPLE SCHEDULE

  7. Remember the learning curve

  8. CHOOSING A STUDY AREA • Choose a consistent area where you will have few distractions • Choose an area where you can study as close to exam conditions as possible

  9. DO PRACTICE QUESTIONS • Do practice questions under exam conditions outside MLER (see the pace program) • Review and correct your answers each time using the model answers provided • Read and outline at least 10 practice questions in each subject • 17 or 34 MBE questions. Gradually increase the amount of questions during the process (1.1 min / question) • It is QUALITY not QUANTITY

  10. GET A STUDY BUDDY/GROUP • Discuss the law, if you can explain it to others you understand it • Grade each others practice questions and give constructive criticism

  11. ACTIVE LEARNING Requires you to engage in activities that forces you to think about, analyze, synthesize and evaluate information

  12. HOW DO YOU LEARN • Determine your learning style (how did you study in law school) • Thoroughly ingest the material • Create a system to retain information (outlines, note cards, tapes, etc.) • Memorize the material • Write organized and thorough answers to questions asked

  13. Learning Styles • What are learning styles? Learning styles are simply different approaches or ways of learning. • What are the types of learning styles? • Visual • Auditory • Tactile • The best way to learn is to use MULTIPLE learning styles!

  14. Visual Learners learn through seeing... • They may think in pictures and learn best from visual displays including: diagrams, illustrated text books, overhead transparencies, videos, flipcharts and hand-outs.  • They prefer written information obtained in textbooks and notes. • During a lecture or classroom discussion, visual learners often prefer to take detailed notes to absorb the information. • Prefer to study in a quiet room.

  15. Visual Learners LEARNING STRATEGIES • Use color coding when highlighting and making notes in the margins • Write out sentences and phrases that summarize key information • Make flashcards of vocabulary words and key concepts – but limit the amount of information on each card so you have a mental “picture” of the information • Create diagrams and charts. • Make visual reminders (post-it notes) containing keywords and concepts

  16. Auditory Learners learn through listening... • They learn best through verbal lectures, discussions, talking things through and listening to what others have to say. • Auditory learners remember information based on the way they heard it or the way they repeated it out loud. • Written information may have little meaning until it is heard. • These learners often benefit from listening to audio tapes and participating in group discussions.

  17. Auditory Learners LEARNING STRATEGIES • Join a study group or work with a study partner on an ongoing basis to review key information • When alone, talk out loud to aid recall • Tape record lectures • Use audio tapes for substantive review or create your own audio tapes of your outlines • Listen to your tapes as often as you can • Repeat information in your own words and reason through solutions by talking to yourself or your study partner(s).

  18. Tactile/Kinesthetic Learners learn through , moving, doing and touching... • Tactile/Kinesthetic persons learn best through a hands-on approach • They actively work with the materials. • They may find it hard to sit still for long periods and may become distracted by their need for activity.

  19. Tactile/Kinesthetic Learners LEARNING STRATEGIES • Keep re-writing/re-typing your outlines – reducing and synthesizing each time • When studying, keep you textbook, notes, flashcards in your hands while reading the information out loud • Talk to yourself using hand gestures to help you emphasize points • Copy key concepts onto large newsprint • Make tapes as often as you can

  20. One more slide about outlines • Create one for each subject • Repeaters should redo their outlines • Make sure you understand the content that is included in the outlines • You should know rules of law in the context of the concept and the subject being tested • Remember to be a file cabinet and not a junk drawer

  21. Don’t be passive! Truly read the material!

  22. LONG OUTLINE? • Yes – time permitting (do not fall behind!!) • If you are familiar with a subject, you MAY consider using the mini review • Long outlines have more examples for clarity

  23. Any Questions?

  24. How to Write the Essay Exam • D – Decision • I – Issue • R – Rule • A – Analysis • C - Conclusion

  25. The Decision • Should be a short simple sentence, which answers the call of the question directly (call of the question refers to the question after the fact pattern) • Should be precise and definite, should not equivocate • Should include relevant party names but not be too specific • Proper format for a decision statement is Yes… or No... • Provide a decision statement for each issue presented

  26. EXAMPLE Call of the Question: Did the court err in denying Jonathan's motion to dismiss for improper service of process. Decision: Yes, the court erred in denying Jonathan’s motion to dismiss for improper service.

  27. EXAMPLE Call of the Question: Is Joe obligated to contribute to AJ’s child support? Decision: Yes, Joe is obligated to contribute to AJ’s child support .

  28. EXAMPLE Call of the Question: Does Dan have a right to inspect JCT’s corporate books and records to determine whether $35 per share is a fair price for his shares? Decision: (Fill in the blank)

  29. ISSUE STATEMENT (BUT FIRST A WORD ON ISSUE SPOTTING)

  30. Issue Spotting • Identify the party and claims • Identify possible defendants • List relevant legal theories • List possible defenses • Determine if there are enough facts to discuss the issue • DO PRACTICE PROBLEMS • READ AT LEAST 10 PROBLEMS IN EACH SUBJECT

  31. ISSUE STATEMENT • The hardest part because it is the legal issue which must be resolved to answer the question, it’s the hardest because you must know the law to give a proper issue statement • A single sentence stating the legal issue that must be resolved before you can answer the call of the question. • Should be narrow enough to only receive less than 100 hits from Lexis or Westlaw (no names and no facts like a google search) • Should not restate the call of the question, but is usually the legal question causing the controversy. It usually involves a particular element of the applicable law • Should start with the phrase “At issue is whether” or a similar phrase • Should not include pronouns from the fact pattern

  32. EXAMPLE Issue Statement At issue is whether David’s letter was acceptance of the offer or a counter offer.

  33. EXAMPLE Issue Statement At issue is whether a Limited Liability Partnership is responsible for outstanding liabilities that were incurred before it became an LLP?

  34. HOLD UP: WAIT A MINUTE What if there is more than one issue?

  35. Multiple DIRACs Do a separate DIRAC for each issue DIRAC DIRAC DIRAC

  36. THE RULE • Your chance to shine and state the black letter law • Should be verbatim – exact legal language • Should start with a broad general statement of the law (use the phrase generally to broaden the rule) • Should then be narrowed defining important terms • Should look like a funnel or an inverted pyramid • Should include relevant exceptions and answer the issue you are trying to resolve • Should clearly answer the issue presented based on the fact pattern

  37. Example • Generally, hearsay is an out of court statement being offered for the truth of the matter asserted and is not admissible in court. However dying declarations are an exception to the rule and are admissible if the declarant made the statement while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death.

  38. EXAMPLE An existing partnership may become an LLP by filing a statement of qualification with the Secretary of State. A partner generally is treated as a legal entity distinct from the individual partners; thus, a “new” partnership is not formed when a partnership becomes an LLP. The LLP continues to be the same partnership entity that existed prior to filing the statement of qualification.

  39. EXAMPLE The First Amendment of the United States Constitution guarantees the freedom of speech. The amendment is applicable to the states through the Due Process Clause of the Fourteenth Amendment. Under the First Amendment, regulations on the content of speech generally are invalid. However, government may regulate the conduct of speech a bit more with time, place and manner regulations. A time, place and manner regulation of speech in a public forum will be found to be valid only if it is content neutral, is narrowly tailored to serve a significant government interest, and leaves open alternative avenues of communication.

  40. EXAMPLE An order of specific performance requires a party to a contract to perform as promised. To obtain an order for specific performance, a plaintiff must show that: (i) a contract exists; (ii) the plaintiff’s performance can be assured; (iii) the legal remedy is inadequate; (iv) enforcement is feasible; and (v) there are no defenses available to the defendant.

  41. THE ANALYSIS • Should use all relevant facts • Don’t assume facts • Should explain how facts relate to the elements of the rule • Mirror your Rule Statement to the facts in the Question • Use the phrases “here…” or “in this case…” to signal your grade you are transitioning to your application section

  42. THE ANALYSIS This section is one of the most important sections on the exam. This is where you show the grader that you can synthesize information and discuss the law with the facts presented. This is where you demonstrate your ability to be a lawyer.

  43. Example Analysis Here, the only contact that Jerome has with Illinois is the ownership of a $500 coin collection. In fact, Jerome has never even set foot in Illinois. It is unlikely that Jerome anticipated being haled into an Illinois court for any and all causes of action, nor has he committed any purposeful act to subject himself to personal jurisdiction in Illinois. It would not be fair for an Illinois court to subject Jerome to personal jurisdiction based on ownership of personal property in the state.

  44. Example Analysis Here, the only contact that Jerome has with Illinois is the ownership of a $500 coin collection. In fact, Jerome has never even set foot in Illinois. It is unlikely that Jerome anticipated being haled into an Illinois court for any and all causes of action, nor has he committed any purposeful act to subject himself to personal jurisdiction in Illinois. It would not be fair for an Illinois court to subject Jerome to personal jurisdiction based on ownership of personal property in the state. • What was discussed in the Rule statement based on this analysis? • General definition of personal jurisdiction • Sufficient minimum contacts – International Shoe v. Washington • Whether it was fair and reasonable for an Illinois court to exercise personal jurisdiction over the Jerome.

  45. THE CONCLUSION • You conclusion should be a repeat of your decision statement plus why • Should include a decision for each issue raised • Should use conclusory language alerting the grader you are wrapping up: thus, therefore, in conclusion

  46. EXAMPLE Call of the Question: Is Joe obligated to contribute to AJ’s child support? Decision: Yes, Joe is obligated to contribute to AJ’s child support . Conclusion: Therefore, Joe is obligated to contribute to AJ’s child support BECAUSE he is AJ’s biological father and is responsible for taking care of his child.

  47. EXAMPLE Therefore, the appellate court should throw out the contempt order because the lower court failed to use the proper burden of proof.

  48. Any Questions?Before you try a problem

  49. HOW TO READ A QUESTION AND DEVELOP YOUR ANSWER FIRST READ THE CALL OF THE QUESTION • Decide how many decisions required • Determine area of law • Give hints at what the issue is • Determine what facts are most relevant • Help decide how to organize answer

  50. Reading the Facts • Make a notation system so that important facts are highlighted so that you don’t have to re-read question. • Mark relevant parties and events • Note the cause of action and its elements • Highlight any mitigating factors if any through active reading • Note possible defenses

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