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
Practice Exams / Review Sessions Review Class notes for understanding Adjust Outline Assess what you know Update Outline Read, brief, class notes Review/Reflection:
Defenses to the K? Parol Evidence Rule? Damages? 2-207?
Take 3 minutes to fill out assessment
Why do we stress self-assessment? Identify your strengths and weaknesses Know yourself VARK What is your learning style?
How many of you have started outlining? How did you organize?
A rmadillos F rom T exas P lay R ap E ating T acos Applicable lawUCC or CL? FormationOffer, Acceptance, Consideration Terms Performance Remedies Excuse of Nonperformance Third Party Problems
A rmadillos F rom M issouri P lay P archeesi T eaching R hinos Applicable lawUCC or CL? FormationOffer, Acceptance, Consideration Modification Parol Evidence & Exceptions Performance Third Party Rights Remedies
Applicable law Formation Terms (including 3 rd party beneficiaries) Performance Excuses Breach and remedies All Funky Turkeys Pass Easy Bars
1. Is there a Contract? 2. What are the Terms? 3. Is it Enforceable? 4. Was there a Breach? 5. What Remedies are available?
All of these methods contain the same material but its just organized differently Try to tailor it to your professors preferences The best approach to choose is one that will translate well on an exam.
1 Read the call of the question 2 Read the fact pattern 3 Pre-Write Outline your answer using your outline structure, utilizing key facts 4 Write exam in IRAC form focusing on analysis Read the call of the ? Read the fact pattern Outline Write in IRAC
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!
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?
1. Is there a K? 2. What are the terms? 3. Is it enforceable? 4. Was there a breach? 5. What remedies? Discuss: Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies.
Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies? The parties entered into a valid contract…Discuss: Issues start here and go through applicable arguments, counter arguments and defenses for terms, enforceability, breach, and remedies. 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? What claims and defenses may Owner and Ace reasonably assert each other and what is the likelihood of success on each? 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 youre answering the call of the question specifically
Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies? What Remedies is entitled to? 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 youre answering the call of the question specifically
Discuss all contracts issues
1. Is there a K? a. CL vs. UCC a.This was a service (hold the ball) therefore CL applies b. Formation issues i.Unilateral vs. Bilateral (are they exchanging promises or is one promise in exchange for performance?) i.Could be both ANALYZE ii.Offer i.All you have to do is hold the ball… iii.Acceptance i.I dont know if this is a good idea… vs. ii.holding the ball if unilateral K iv.Considerationbargained for exchange of benefit/detriment 1.Lucy holding the ball=detriment & Charlie Brown kicking the ball=benefit c. Defenses to Formation 1.Duress/Undue InfluenceCharlie Brown doesnt give Lucy much choice
2. What are the Terms? a. Hold the ball, Ill come running, and kick it 3. Is it Enforceable? a. Performance i.Conditions? 1.Lucy would hold the ball so then Charlie Brown would kick it….Any Excuses to performance? A.I was afraid your shoes might be dirty 2.Satisfaction?she did hold the ball for a period of time, but not so he could kick it ii.Discharge of Duty 1.Impracticabilityit was her football and she was afraid he would get it dirty
4. Was there a Breach? a. Major vs. Minor i.The point of the K was for Charlie Brown to kick the ball, and he wasnt able to, so hell argue it was major ii.Shell argue that she did hold the ball so she did perform in part so its minorCharlie Brown can ask her to hold the ball again so he can kick it b. Anticipatory Repudiationhad performance already begun?
5. Remedies a. ExpectationWhats the value of Charlie Browns joy in kicking the ball? b. Consequential DamagesForeseeable that Charlie would fall? Value of his injuries? c. RestitutionWas a benefit conferred to Lucy? d. Specific Performancecan Charlie Brown force performance? Was this unique?
Self Assessknow 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!
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