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Academic Support: SKILLS Workshop Series. Contracts:. Applying Test-taking Skills to Substantive Law. Available Online. Insert Link. Overview of Workshop. Assessment Law School Study Cycle VARK Outlining/Study Tools VARK Methods of Organizing Ks Pre-Write Outlining
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Academic Support: SKILLS Workshop Series Contracts: Applying Test-taking Skills to Substantive Law
Available Online • Insert Link
Overview of Workshop Assessment Law School Study Cycle VARK Outlining/Study Tools VARK Methods of Organizing Ks Pre-Write Outlining Call of the Question responses-a “how-to” guide Activity
Review/Reflection: Law School Study Cycle Update Outline Adjust Outline PracticeExams/ ReviewSessions Read, brief, class notes Review Class notes for understanding Assess what you know
So what topics have you covered so far? • Defenses to the K? • Parol Evidence Rule? • Damages? • 2-207?
Midterm Assessment • Take 3 minutes to fill out assessment
Importance of Self-Assessment • Why do we stress self-assessment? • Identify your strengths and weaknesses • Know yourself • VARK • What is your learning style?
Outlining • How many of you have started outlining? • How did you organize?
Mnuemonics “Armadillos From Texas Play Rap Eating Tacos” • Applicable law—UCC or CL? • Formation—Offer, Acceptance, Consideration • Terms • Performance • Remedies • Excuse of Nonperformance • Third Party Problems
Mnuemonics “Armadillos From Missouri Play Parcheesi Teaching Rhinos” • Applicable law—UCC or CL? • Formation—Offer, Acceptance, Consideration • Modification • Parol Evidence & Exceptions • Performance • Third Party Rights • Remedies
Mnuemonics “All Funky Turkeys Pass Easy Bars” • Applicable law • Formation • Terms (including 3rd party beneficiaries) • Performance • Excuses • Breach and remedies
5 Question Method • Is there a Contract? • What are the Terms? • Is it Enforceable? • Was there a Breach? • What Remedies are available?
Importance of Personalizing your Outline All of these methods contain the same material but it’s just organized differently Try to tailor it to your professor’s preferences The best approach to choose is one that will translate well on an exam.
Exam Writing Strategy • Read the call of the question • Read the fact pattern • Pre-Write Outline your answer using your outline structure, utilizing key facts • Write exam in IRAC form focusing on analysis
Pre-Write Outlining • Content of your Pre-Write Outline • Identify the Parties and Issues • Use the order or approach you chose for your outline • Include legally significant facts & rules • Identify defenses/ counterarguments • Review • Review the fact pattern to make sure you have used all key facts • Use your checklist to ensure you caught all issues • Start writing!
Different types of calls: • “Discuss” • “What claims and defenses may Owner and Ace reasonably assert and what is the likelihood of success on each?” • “What Remedies is ∏ entitled to?”
Approach: “Discuss:” Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies? Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies.
Approach: “The parties entered into a valid contract…Discuss:” “Valid contract” means there are NO formation issues. Mention that and move on. • Is there a K? • What are the terms? • Is it enforceable? • Was there a breach? • What remedies? Issues start here and go through applicable arguments, counter arguments and defenses for terms, enforceability, breach, and remedies.
Approach: “What claims and defenses may Owner and Ace reasonably assert each other and what is the likelihood of success on each?” • Is there a K? • What are the terms? • Is it enforceable? • Was there a breach? • What remedies? Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies. *Be sure to create a heading for Defenses so the grader knows you’re answering the call of the question specifically
Approach: “What Remedies is ∏ entitled to?” • Is there a K? • What are the terms? • Is it enforceable? • Was there a breach? • What remedies? Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies…WHY? If the call is asking just for remedies? *Be sure to create a heading for “Remedies” or “Conclusion” so the grader knows you’re answering the call of the question specifically
Group Activity Discuss all contracts issues
Answer • Is there a K? • CL vs. UCC • This was a service (hold the ball) therefore CL applies • Formation issues— • Unilateral vs. Bilateral (are they exchanging promises or is one promise in exchange for performance?) • Could be both ANALYZE • Offer • “All you have to do is hold the ball…” • Acceptance • “I don’t know if this is a good idea”… vs. • holding the ball if unilateral K • Consideration—bargained for exchange of benefit/detriment • Lucy holding the ball=detriment & Charlie Brown kicking the ball=benefit • Defenses to Formation • Duress/Undue Influence—Charlie Brown doesn’t give Lucy much choice
What are the Terms? • “Hold the ball, I’ll come running, and kick it” • Is it Enforceable? • Performance • Conditions? • Lucy would hold the ball so then Charlie Brown would kick it….Any Excuses to performance? • ”I was afraid your shoes might be dirty” • Satisfaction?—she did hold the ball for a period of time, but not so he could kick it • Discharge of Duty • Impracticability—it was her football and she was afraid he would get it dirty
Was there a Breach? • Major vs. Minor • The point of the K was for Charlie Brown to kick the ball, and he wasn’t able to, so he’ll argue it was major • She’ll argue that she did hold the ball so she did perform in part so it’s minor—Charlie Brown can ask her to hold the ball again so he can kick it • Anticipatory Repudiation—had performance already begun?
Remedies • Expectation—What’s the value of Charlie Brown’s joy in kicking the ball? • Consequential Damages—Foreseeable that Charlie would fall? Value of his injuries? • Restitution—Was a benefit conferred to Lucy? • Specific Performance—can Charlie Brown force performance? Was this unique?
Recap • Self Assess—know where you are in the law school study cycle! • Create a Ks approach that works for you • Use it as a jumping off point • Pre-Write Outline • Know what your K exam is asking! • Come to ASP for more practice/guidance!
