Music : “The Lion King” Soundtrack Album (1996) PROPERTY B FINAL EXAM

1. Music: “The Lion King”Soundtrack Album (1996) PROPERTY B FINAL EXAM

2. 7 CHARACTERS 7 Qs

3. ORDER OF PROCEEDING • Logistics & Exam Structure • Exam Technique • Generally • QI: Lawyering • QII: Short Problems • QIII: Opinion/Dissent • QIV: Issue-Spotter • Qs on Exam Technique & Logistics

4. Logistics & Exam Structure

5. General Logistics • Office Hs Tomorrow/Tues 10-1:30 & 2:30-6 • I will respond to E-mail Qs(within reason)sent before 6pm Tuesday • All Info Memos Are Posted. Comments/ Model Answers Complete & Posted except 2015 (by early tomorrow) & 2017 (I’ll do as much as I can by 10 am Tuesday) • I’ll post these slides and link to video of session ASAP after we finish here.

6. Exam Coverage • Distribution • Chapter 3 Not Tested • Chapters 1-2, 4-5 Each Tested in Two or Three of : • QI(a) & (b); QII (A-D); QIII; QIV(a),(b) & (c) • Info Memos on Chapters have coverage details • Test can’t cover every issue in the course (e.g., Easements 2017 = Estoppel + Implication) • Major issues on test should be familiar from review problems and DQs discussed in class

7. Exam Coverage: Statutes • On Q1 (Lawyering Question) often sensible to check if relevant statutes address issues, but none specifically provided • If I ask you to do an anti-discrimination issue in Q2 or Q4, I won’t provide statutes & your primary task would be to discuss the evidence of discriminatory intent.

8. Exam Coverage: Statutes • Need to use specific statutes in Q2D and Q4 • Statutes Provided on pages immediately following these Qs; can tear off to use • All Provisions Directly from Course Materials, Slightly Edited • to Remove Some Language Not Relevant to Exam Qs • to Clarify or to Fit Problem (e.g., length of AP SoL) • See Info Memos on Chapters 1, 2, 4 for Lists of Statutes that Might Appear.

9. Exam Coverage: Statutes • Need to use specific statutes in Q2D and Q4 • Must recognize relationship between statutes & common law, which varies. E.g., • Mutually Exclusive: FL MW Statutes v. Shack • Overlapping: NY Adv. Possession Statutes & Cases • Must recognize where statutes are clear and where they are ambiguous. • Must be able to apply statutory language correctly. • Ask Qs if unsure

10. Exam Instructions • Facilitating My Grading: Tina Separates Qs • If Handwriting, Start Each Q in New Bluebook • If Using Laptop, check instructions for info on inserting hard page breaks between each Q on both Mac and Non-Mac Computers • Draft instructions page of exam will be available on Course Page to read in advance; I’m waiting for Registrar confirmation of page break instructions.

11. Structure of Exam • Choose three of four equally weighted Qs • Four hours • One hour to read Qs, take notes, outline (no computers or bluebooks) • Three hours to write answers (One hour per Q) • CRUCIAL to stick to allotted times (as if your best friend will be harmed if you go over time) • Closed book with syllabus attached. Copy of Exam Syllabus on Course Page to practice with.

12. Using Your Reading Period 1st 15 Minutes • Read Test • Hyperventilate • Choose Which Qs to Write • Good Idea Not to Pre-Select; Wait to See Qs • Favor Qs Where You See & Have Ideas re Hard Qs • Set Order You’ll Write Qs. Consider: • Comfort Level; Likely Energy Level at Start & End • If Frequent Time Issues, Don’t Do Q2 or Q4 Last

13. Using Your Reading Period Next 45 Minutes (I’d Recommend…) • Use about 15 minutes on each Q • Read it again carefully • List major points you’d like to discuss • Choose order to make rough outline (maybe of headings & subheadings—see next slide) • Do last in reading period Q you want to write first

14. Starting to Write • Suggestion for Students Typing Exam • to Maximize Benefit of Reading Period • to Help Organize Your Answer • Might make first step for each Q to type in a sequence of headings & subheadings (prep during reading period) • Makes Organization Clear to Me & to You • Reminder of What You Want to Cover • Places to Stash Ideas Arising While You Work

15. Qs on Structure or Logistics?

16. Exam Technique: Generally

17. Exam Technique: Generally • Slides from My Nov 2018 Exam Techniques Lecture Available on Course Page • Some Repetition Here, But Focused on Problems Commonly Arising on Old Property Exams & Submitted Sample Qs

18. Exam Technique: Generally (1) Testing Ability to Use Tools, Not Knowledge of Them • Don’t Simply Recite Legal Tests; Apply Them (as Soon as You Mention Them) • Helpful to Include References to Relevant Authority (esp. Q2 & Q4) • Show All Work • Lesson from Wizard of Oz (Because, Because, Because, Because…)

19. Exam Technique: Generally • Testing Ability to Use Tools, Not Knowledge of Them • Might think of each case and each chapter as a box of different kinds of tools • Don’t try to generalize in advance about which of the tools you’ll use. • E.g., Should I lay out the facts of cases I am citing? = • Is a screwdriver a good tool to fix things? (Depends) • Is a wire whisk a good tool for cooking? (Depends) • Choose tools based on the particular task and the particular materials I give you.

20. Exam Technique: Generally (2) Draft, Not Final Product • No need for formal introductions & conclusions • Can use abbreviations (names; recurring phrases) • Can use telegraph English • Can use headings & subheadings to replace topic sentences& transitions (& show organization) • Can use bulleted lists (e.g., of evidence supporting one side of an argument or for Q1 of Qs to investigate) • If short of time, can do outline of additional points “I know you like…”

21. Exam Technique: Generally (3) Be Concise. Regarding the recurring problem of wordiness, almost all of the otherwise diligent and competent students who took the time to submit a practice exam answer 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.

22. Exam Technique: Generally (3) Be Concise. • “Check” • “Here” • “:But” or “However” • Transition Sentences  Headings or Subheadings

23. Exam Technique: Generally (4) Best Prep is Old Exam Qs • Do some under exam conditions • Especially Q1/Q3 if you haven’t already • Do 3 Short Problems in an hour to practice timing • Review in groups if possible • Read my comments (even if no time to do a particular Q) • Use model answers • to see organization/style I like • to see some possible ways to analyze • neither complete nor perfect

24. Exam Technique: Generally (5) Reality TV Challenges • Use Pre-Selected Components to Complete Assignment in Unrealistic Time Frame • Don’t Try to Make Qs Easier Than They Are • Do the Challenge • Specific Task Given (Not Cute Ways Around Key Q) • Specific Ingredients Given • Time Frame Given • If you are well-prepared, you’ll do fine

25. Exam Technique: Question ILawyering (Hyenas)

26. Ed Eastman is … a business client of your law firm. Your boss has asked you to work with Him on the two personal matters(labelled a and b) described below. For each, describe the legal and factual research you would need to do to help advise him. I will weight your work regarding each matter roughly equally, so allot your time accordingly.

27. Question I: TASK • To Do List (to advise client) • Not arguments re result (Q v. R) • Make clear why things matter • through structure of answer OR • with brief explanation • Focus on This Client & His Requests • Stick to legal topics raised by requests • Keep his legal position in mind (e.g., servient v. dominant estate for Easements)

28. Question I ORGANIZATION/FORMAT • All law/all fact often unsuccessful • For each part, might do intro with overview research • Then organize by major topics (e.g., elements) • Use headings/subheadings to show structure • Can use possible legal rules to guide fact research • Can use paragraphs or outline form or bullets (drawbacks to each) • Look at Old Models for Ideas

29. Question I Issues with Multiple Rules • Check which rule applies in your state • Then: “If state uses rule X, check [relevant facts]. If state uses rule Y…” • Cross-reference if overlap (“fact research for materiality same as above”)

30. Question I Factual Research • Looking for specifics, not simply reformulating legal tests as Qs • If not obvious from context, briefly explain why the facts matter • HFO: Indicate how you’d locate facts • interviews, records, ask client, internet • Check any documents you know of

31. Question I Practical Research • Where seems relevant, briefly ask re client priorities/interest in settlement • Can investigate whether compromise solutions are possible • Can investigate whether other parties might want to settle

32. Question I Preparing • Be aware of issues with multiple rules • Think about evidence necessary to prove claims • Look at old comments/models & write-ups of lawyering review problems • Do at least one under exam conditions

33. Questions on Question I?

34. EXAM TECHNIQUE: QUESTION II: Short Problems 2A: MUFASA 2B: SCAR 2C: SIMBA & NALA 2D: PUMBAA

35. Question II • Four Problems; Choose any Three • Three are topics you’ve seen in short problems • One is a new topic for short problems but we’ve covered in other types of Review Problems • One is essentially a policy Q • IID requires application of statute • Can do in any order, but mark clearly • 20 Minutes Each: Stick to Time!!!

36. Question II • Read Q Carefully & Respond to What’s Asked • Often limited in scope. E.g., • Apply particular case (e.g., Shack, JMB) • Discuss one element of Adverse Possession • One Policy Q: really asking “What should legal rule be for this issue?” (Mini-Q3) • Assume all facts there for a reason.

37. Question II • Problems Have No Clear Right Answer • If you read a problem and are absolutely sure which side wins, don’t choose that problem. • Find Best Arguments for Each Side (Look for Fights Not Winners) • Usually Unhelpful to Segregate Pro & Con Arguments • Eliminates possibility of dialogue • Leaves no room for intermediate positions

38. Question II • Attack Hard Qs/Identify Stronger Positions • Raise policy arguments that support one position more than the other • Compare the problem to a case or cases we studied • Explain why that one side’s position is likely to have more emotional appeal; or • Show how the result might turn on the resolution of an ambiguity in the facts.

39. Questions on Question II?

40. Exam Technique: Question IIIOpinion/Dissent (Rafiki)

41. INSTRUCTIONS (1):Compose drafts of the analysis sections of both a majority opinion for the Court, and of a dissenting opinion, deciding this question.

42. Question III 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.

43. Question III … of the analysis sections … • Don’t’ Include • Introduction (Just “Affirmed” or “Reversed”) • Statement of facts • Procedural history • Separate history of the legal issue • Conclusion • At outset, do make clear which side would win & rule that side chooses.

44. Question III … of a majority opinion … and of a dissenting opinion … • Must be 2 separate opinions • I don’t care who wins! • Each opinion must provide a range of policy arguments supporting its rule. E.g., • Rule best furthers substantive policies in field • Rule best incorporates relevant considerations • Rule easier to Use/Administer

45. Question III … of a majority opinion … and of a dissenting opinion … • Each opinion should try to deal w other side’s best arguments. • OLD DF: FOUR SETS OF ARGUMENTS • Can use identical headings/subheadings to facilitate

46. Question III … of a majority opinion … and of a dissenting opinion … • 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, using identical headings/subheadings.

47. Question III … for the [Garidoti Supreme] Court … • Fictional jurisdiction; other state cases are not binding authority • Awareness that deciding law of the state, 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

48. INSTRUCTIONS (2):-- One or both of your opinions should adopt and defend one of the positions articulated in the courts below. -- One of your two opinions may choose to clearly articulate and defend an alternative rule to address the issue raised here-- In any opinion which does not adopt the trial court position, either briefly indicate which party would win and why, OR remand for further proceedings.

49. Question III • Pick two positions; • If one is a new rule, can attack unchosen position in each of your opinions, but also attack each other • Defense of the Chosen Rules is the Key • Non-Responsive if: • Telling Me Who Wins Case without Adopting Rule • Resolving Case Through Different Legal Issue

50. Question III Remember that, in this procedural posture, you must treat lower court’s findings of fact as true. • Don’t argue with findings of fact • You can briefly apply your rule to facts or remand • Can use particular facts you’re given as example or as counterexample in main analysis • “The case before us demonstrates why …” • “We think this case is not typical because …”