Prior Posts – Re: Exam
Exam Questions
Does “open book” include commercial outlines or just the textbooks and our own notes? — Everything
What does COL on an answer sheet mean? Choice of law (UCC?)
Exam Preparation
while outlining, should i be concerned w/ knowing case names or should i not worry about the cases specifically, focusing more on how they advanced the ball in contracts (e.g. the rules, the exceptions, and the application of both)?
—- You will not be asked “In which case was the rule on equitable estoppel used instead of promissory estoppel?” or “In which case did a court in Hawaii say that Sunday doesn’t count in determining the one-year period?” Nor will you be asked “Please write an essay on the evolution of US Contract law.” You also will not be asked to “Explain the Parol Evidence Rule and its Exceptions.” You will be tested on applying the law to the facts. Case names should not the subjects of an outline. They are useful in quickly summarizing problems that courts may face, e.g., “because the third-party knew that the agent did not have authority to make an offer, as in Red Owl , the third-party could not accept and therby bind the principal.”
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. How do we know whether we should be viewing a situation as (1) a K that is unenforceable (voidable) because of duress, versus (2) a situation where there is no K because of a lack of consideration? Or do we make both arguments?
For instance, using your wedding band example, in a situation like that on an exam would someone advocating for your side make the argument that:
Under Finger #1: there is no modified contract because it was not supported by new consideration and the band already had a pre-existing legal obligation, and
Under Finger #2: if there is a contract, that contract is voidable because of duress?
Can you make both arguments? Or would you normally choose one, and the one you would choose to make is the duress argument (because we can always translate a promise into a threat)?
—-Yes, argue both. A court may buy one argument and not the other. Always on an exam make all the arguments that can apply. You waste time and may lose points if you argue something wildly off-base. You show your knowledge of the subject matter by distinguishing between arguments that make some sense and those that don’t.
What materials would you recommend where I could find hypos to practice in preparation for the final exam? I know I can find previous exams on the course website (for which I am very grateful) but I would like to know if you have any suggestion for additional materials with hypos and complete answers.
——– No, plenty are available. Many law schools post their examinations. You might look at those exams (and you don’t have to buy anything). But, these don’t have answers. The best book on law school test-taking is Getting to Maybe by two former UMLaw prof’s, Jeremy Paul and Michael Fischl.
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from 11/17/10:
UCC/Rstmnt:
Students keep on asking me whether I really am serious about giving no credit for using section #’s and case names.
I am. And here is why: Students use them as props, rather than engaging in analysis.
Here is an example (from the extra credit assignment): “Andy could void the contract under Restatement 177(2) – Acceptance was induced by the undue influence of Dwight . . .Andy could also void the contract because of threat (177-1). Additionally, the contract is not enforceable under the Statute of frauds (UCC 2-201(1)).”
zero points and the student (I bet) knows the stuff. You only get credit for applying the law (the elements that establish coa’s (causes of action)) to the facts.