ORDER OF PROCEEDING

1. ORDER OF PROCEEDING • Logistics & Exam Structure • Exam Technique • Generally • QI: Opinion/Dissent • QII: Statutory Amendment • QIII:Issue-Spotter • Questions from You • Exam Technique & Logistics • Substantive

2. Logistics & Exam Structure

3. General Logistics • On Course Page: • Exam Instructions Page posted now • These slides posted tonight • Office Hours Tomorrow 10-2, 3-7 • I will respond to E-mail Qs(within reason)sent before 7pm tomorrow

4. General Logistics • Written Assignments & Other Write-Ups Not Available ( Very Messy Semester) • For Assignments: Compare work to posted comments & models; ask Qs that don’t give your work away. • For Group Discussions: Just Ask Qs.

5. Exam Coverage • Test can’t cover every issue in the course • Major issues from all across course • Major issues should be familiar from questions and/or hypotheticals raised & discussed in class or from written assignments. • Trying to reward attendance, careful prep of DQs & careful work on written assignments

6. Exam Coverage • Testing This Year’s Course; Issues from Prior Years in Old Tests Outside Scope: • Standing • Statutory Defenses (exc. 3604(f)(9)) • Steering & Blockbusting

7. Exam Coverage • Mostly FHA & §1982

8. Exam Coverage • Mostly FHA & §1982 • Constitutional Law: Very Limited • Not asked for substantive Constitutional analysis • Can use avoidance of Constitutional issues as a policy argument

9. Exam Coverage • Mostly FHA & §1982 • Constitutional Law: Very Limited • State Law: • Marina Point & Marital Status definition could be major issues • Can use other provisions we looked at to make arguments about good or bad ways to handle problems or about possible language.

10. Structure of Exam • Write three equally weighted Qs • Choose either IA or IB • Write both II and III • Three-and-a-half hours • One hour to read Qs, take notes, outline (no computers or bluebooks) • Two-and-one-half hours to write answers (50 minutes per Q) • Stick VERY CLOSELY to allotted times • Completely Open Book

11. Open Book Tests: Virtues • Checklists • Blow-ups of Selected Statutes • Security Blanket

12. Open Book Tests: Dangers • You can’t access hard drive so print out what you want/need (I often refer to specific cases) • Avoid Copying (v. Reading & Responding) • cf. Computerized Telephone Answering Menu • From Outline • From Old Model Answers • Long Passages from Cases or Statutes

13. Using Your Reading Period • 1st 15 Minutes • Read test; Hyperventilate • Choose Which QI to Write • Choose Order You’ll Write: Be thoughtful about order given your own strengths • Will you be more focused at beginning or end? • Which format do you expect to be most difficult? • If for last Q you end up short of time, Q1 probably easiest; Q3 probably worst

14. Using Your Reading Period • 1st 15 Minutes: Read Test; Choose QI & Order • Next 45 Minutes (I’d Recommend…) • Use about 15 minutes to prep each Q you are doing • Read it again carefully • Make rough outline by • Listing major points you’d like to discuss • Choose order in which you’ll discuss them • Do last in reading period Q you want to write first

15. Aftermath • By tradition, I’ll be on the bricks at the end of the scheduled exam time • I’ll post grading progress on Course Page • I’ll post when assignments are ready to be picked up.

16. Aftermath • Once grades are posted, I’ll make available a packet for you to pick up with: • Copy of your test • Exam Questions, My Comments & Best Answers • Explanation of Grading & Your Individualized Scores • Assignments not yet picked up • I’ll set times to meet to review with you if you choose (both in Summer and in Fall)

17. Qs on Structure or Logistics?

18. Exam Technique: Generally

19. Exam Technique: Generally • My Exam Techniques Lectures Available on Academic Achievement Website • Some Repetition Here, But Focused on Problems Commonly Arising on Old Exams

20. Exam Technique: Generally (1) Follow Directions • Read Very Carefully • My Exams: Different Qs = Different Tasks • Kinds of arguments/authority useful for each is different • Important to see differences between Issue-Spotter and other two kinds (I’ll do in more detail below)

21. Exam Technique: Generally (2) Best Prep is Old Exam Qs • Do under exam conditions (esp. Q1/Q2) • Review in groups if possible • Read my comments • Use model answers • to see organization/style I like • to see some possible ways to analyze • neither complete nor perfect

22. Exam Technique: Generally (3) Testing Ability to Use Tools, Not Knowledge of Them • Don’t Simply Recite Legal Tests; Apply Them (as Soon as You Mention Them) • Helpful (but not Crucial) to Refer to Relevant Authority (see old best answers) • Make your reasoning explicit: Wizard of Oz (Because, Because, Because)

23. Exam Technique: Generally (4) Draft, Not Final Product • No need for formal introductions & conclusions • Use abbreviations (names; recurring phrases) • Can use telegraph English • Use headings, not topic sentences • Can use bulleted lists (e.g., of evidence supporting one side of an argument)

24. Exam Technique: Generally (5) Be Concise Regarding the recurring problem of wordiness, almost all of the thirty-three otherwise diligent and competent students who last year took the time to submit a practice exam answer in Property IJ 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.

25. Exam Technique: Sample (Disc. Intent) McD-Dgs Bdn Shift (see Asbury) • PF Case • P.Class: Sex/Fem • Applied? Filled out appl. • Qualif?Hi credit score; OK TNT • Denied: On wait list, but last apt and min. 1 yr lease so probly equivalent • Left Open/Non-Class Member: Sat on for 3 days w no alt; then went to man • D Easy Bdn to i.d. Legit Reason: Mac + TNT + Compatability • P Bdn to Show Pretext: …

26. Exam Technique: Sample (Disc. Intent) Notes re McD-DgsBdn Shift • Direct Proof Analysis Mostly = Pretext Step of McD-Dgs (X-Reference; Don’t Repeat) • When Not to Use • If seems like won’t add much (quick version or 0) • Gov’t defendant doing zoning/legislation • Intent element of §3617

27. Qs on Exam Technique Generally

28. Exam Technique: Question IOpinion/Dissent

29. Question I: Purposes • Force you to articulate arguments both ways • Force you to give policy/theory rationales • Good housing policy • Statutory interpretation materials/arguments • Best place for Blatt/Speluncean Explorers;/Legisl History • BUT: Use tools, don’t just show them off • Demonstrate you understand Judge’s role: • This case and others • Judiciary & statutes

30. INSTRUCTIONS:Compose drafts of the analysis sections of a majority opinion for the U.S. Supreme Court, and of a shorter dissent, deciding these questions in the context of the facts of this case.

31. Question I 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.

32. Question I … of the analysis sections … • No need for • Introduction • Statement of facts • Procedural history • Separate history of the legal issue • Conclusion • Do make clear which side would win

33. Question I … of a majority opinion … and of a shorter dissent … • Articulate best arguments for two different positions (doctrinal & policy). (I really don’t care who wins.) • Each opinion needs to justify the particular approach it endorses (v. alternatives)

34. Question I … of a majority opinion … and of a shorter dissent … • Do 2 separate opinions (or big penalty) • 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.

35. Question I … of a majority opinion … and of a shorter dissent … • Increasing Degree of Difficulty: Each opinion should try to deal w other side’s best arguments (“Four Tasks”)

36. Question I … for the U.S. Supreme Court … • Lower court cases aren’t binding • Awareness that deciding law for whole country, 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

37. Question I … deciding this question … • Qs are very specific; read carefully • Stay within any boundaries set by Qs • Both IA & IB up on pleadings; not asked to do application of law to facts • Don’t avoid addressing my Qs by making cute legal or procedural arguments.

38. Question I … deciding this question … • Address arguments made by lower courts • Guiding you to some available arguments • At least have side that rejects say why

39. Question I …in the context of the facts of this case. • Again read carefully • Think about why particular facts & allegations are there • Treat my facts/allegations as given (don’t argue with Question)

40. Question I …in the context of the facts of this case. • Can use facts/allegations from particular case you’re given as example or as counterexample • “The case before us demonstrates why …” • “We think this case is not typical because …”

41. Question I: Best Answers • Show good understanding of relevant authority: caselaw & policy • Show familiarity w statutory materials • Provide strong arguments both ways • Respond in each opinion to best arguments of other side

42. Question I: Preparing • Be aware of policies supporting particular rules or relevant to particular areas of law • Look at old comments/models. • Do at least one under exam conditions • And finally ….

43. Question I: Final Point… If you choose to name your judges (you don’t have to) … Majority (Trump, C.J.)… Simpson, J., Dissenting: …

44. Question I: Final Point… … don’t use your name as the name of one of the judges!! Simpson, J., Dissenting: Doh!

45. Questions on Question I

46. Exam Technique: Question IIStatutory Amendment

47. Question II Two Skills: Statutory Drafting & Policy Discussion

48. Question II: Statutory Drafting Compose a draft of a memo for your boss assessing the proposed amendment. The memo should include: • Technical Critique including identification of technical drafting problems with the amendment as written and identification and explanation of possible changes to address these problems (if Rep. Waffle decides to support the substance of the amendment) …

49. Question II: Statutory Drafting Technical Critique • Do each section of amendment separately then problems with the whole thing together (if any) • It’s a type of Issue-Spotting (can use bullets) • X is bad because • This change would make it better because … • Be specific; not helpful to simply say text is “vague” or “confusing” • Keep technical critique distinct from substantive

50. Question II: Policy Discussion Compose a draft of a memo for your boss assessing the proposed amendment. The memo should include: • Technical Critique …; and • Substantive Critique including discussion of the pros and cons of the substance of the amendment and identification and explanation of possible substantive changes to improve the amendment.