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Exam Review Class and Administrative Updates

This agenda outlines the topics and schedule for the exam review class, as well as administrative updates and important information for students. It includes guidelines for the review class, exam format, and exam advice.

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Exam Review Class and Administrative Updates

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  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 11/28. 2-3PM (regular class time), 3-5PM • Th 12/8. noon-5PM (after review class) • Assignment for Review Class • 2015 exam • No writing assignment (mandatory or optional). TAs need to study • Prepare Questions you want to ask me • Review of Rules & Standards • DDDA

  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 • www.klerman.com, 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 • Open book, can use calculator, dictionary • 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 • Rules • 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 • Rightsand Fairness • Should be useful in all classes • Integrating interpretation & normative analysis • Useful in all classes • Legal Theory • Dworkin, Realism, Rules & Standards • Useful in many classes, e.g. understanding Civ Pro – Erie, Intl Shoe

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