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 –Posted tonight: These Slides Model Answers for 3 Practice Qs Model Answers for Spring 2011 Exam Exact List of Subjects That Might Be Covered

4. General Logistics Practice Exam Qs for Review Instructions on Course Page Must be submitted by Sunday @ 4 pm I’ll get you feedback by e-mail by next Wednesday @ 4 pm I’ll do all of one Q at a time. Within each Q, I’ll do in the order received.

5. General Logistics I will respond to E-mail Qs (within reason) sent before 11pm Wednesday April 25; I will send e-mails to whole class if I think Qs are significant.

6. General Logistics Written Assignments Not Available  –Compare work to posted comments & models –Ask Qs that don’t give your work away. OR – Send Qs to Letty Tejeda and ask her to forward w/o your name.

7. 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

8. 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 –Reasonable Modification –Sexual Harassment & 3617

9. Exam Coverage Just FHA & §1982; Can Use State Statutes & Cases as Examples

10. Exam Coverage Just FHA & §1982 Constitutional Law: Very Limited –Not asked for substantive Constitutional analysis –Can use avoidance of Constitutional issues as a policy argument (as in Rommmate.com)

11. Exam Coverage Two Topics That Will Be Covered (to think about in advance): 1.Roommate.com issue in context of §1982: –Race v. other characteristics –Language/Purpose of §1982 v. FHA Can look at Jones for some of this –Example of non-statutory exception

12. Exam Coverage Two Topics That Will Be Covered (to think about in advance): 1.Roommate.com issue in context of §1982 2.Special Issues w Religion (1 or both of): –Is it religious discrimination for a landlord to establish a facially neutral rule for religious reasons? –Should there be an FHA claim when facially neutral rules interfere with people’s ability to practice their religion?

13. Structure of Exam Three equally weighted Qs, one of each type Eight-hour take home –About 2.5 hours per Q –I suggest ~2 hours: Write answer as thoroughly as you can ~30 Minutes: Edit down to page limit Formatting instructions online: –Follow exactly to avoid penalties –I suggest setting up correctly formatted Word document in advance

14. Open Book Take-Home Tests: Virtues Time to Read Carefully Checklists Blow-ups of Selected Statutes Security Blanket of Having Everything Available Clothing Optional Food & Drink Available Throughout

15. Open Book Take-Home Tests: Dangers Temptation to Study Less & Look Stuff Up During the Test: –You’ll Miss Issues –You’ll Cut Way Down on Your Writing Time Avoid Copying (v. Reading & Responding) –cf. Computerized Telephone Answering Menu –From Outline –From Old Model Answers –Long Passages from Cases or Statutes

16. Open Book Take-Home v. In-Class Exam Qs will not be more difficult than what I normally give, although Q3 may be a bit longer b/c of time to read 6 pages is about typical length for best answers on in-class exams. I won’t grade harder b/c take-home, except I will be less tolerant of disorganization and impenetrable sentences b/c you have time to edit/proofread

17. Aftermath After May 11, I’ll send e-mails with grading progress. I’ll send e-mails when assignments are ready to be picked up.

18. 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)

19. Qs on Structure or Logistics?

20. Exam Technique: Generally

21. My Exam Techniques Lectures Available on Academic Achievement Website Some Repetition Here, But Focused on Problems Commonly Arising on Old HDisc Exams

22. 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)

23. 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

24. 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)

25. 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)

26. Exam Technique: Generally (5) Be Concise Regarding the recurring problem of wordiness, almost all of the thirty-three otherwise diligent and competent students who in 2010 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.

27. 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 + Compatibility P Bdn to Show Pretext: …

28. Exam Technique: Sample (Disc. Intent) Notes re McD-Dgs Bdn Shift 1.Direct Proof Analysis Mostly = Pretext Step of McD-Dgs (X-Reference; Don’t Repeat) 2.When Not to Use –If seems like won’t add much (quick version or 0) –Gov’t defendant doing zoning/legislation

29. Exam Technique: Generally (6) Use of Cases If case directly addresses issue raised by test, I expect you to discuss/compare it. For other points, citation to relevant authority is helpful, but not crucial Use single words or brief abbreviations as case citations: Starrett, Jones, SoSub, SoMgmt

30. Qs on Exam Technique Generally

31. Exam Technique: Question I Opinion/Dissent

32. 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

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

34. 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.

35. 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

36. 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)

37. 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.

38. 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”)

39. 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

40. Question I … deciding this question … Q is very specific; read carefully –Stay within any boundaries set by Q –Case in problem up on pleadings; not asked to do application of law to facts Don’t avoid addressing my Q by making cute legal or procedural arguments.

41. 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

42. 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)

43. 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 …”

44. 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

45. Question I: Preparing Be aware of policies supporting particular rules or relevant to particular areas of law Look at old comments/models. Look at Comments/Models for Assignment IV Do at least one under exam conditions

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

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

48. Questions on Question I

49. Exam Technique: Question II Statutory Amendment

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

51. 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) …

52. 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” or “wordy” Keep technical critique distinct from substantive

53. 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.

54. Question II: Policy Discussion Substantive Critique Do pros & cons for each section separately then for the whole thing together (if relevant) Can give & support ideas to improve substance Can Refer to Range of Possible Concerns: –Housing & social policy –Administrative costs & judicial efficiency –Potential Constitutional problems –Political concerns (Can it pass?, Voters like…)

55. Question II: Common Problems 1.You Are Amending a Federal Statute –The amendment can’t violate the statute –You can’t say it’s bad b/c inconsistent w statute –You can’t say its bad b/c inconsistent w cases or doctrine –You can say: I don’t like policy behind …b/c …

56. Question II: Common Problems 1.You Are Amending a Federal Statute 2.Work at Understanding the Drafter’s Intent –Read wording carefully (badly drafted) –Read description of context (esp. cases) –If you are unsure: indicate assumption(s): “Not sure what 2d sentence means. Assuming it is trying to change Starrett City result …”

57. Question II: Common Problems 1.You Are Amending a Federal Statute 2.Work at Understanding Drafter’s Intent 3.Organize Your Answer –Topical may be helpful (v. tech then policy) –Break into clear sections either way –Leave room for discussion of interaction betw sections or amdt as a whole

58. Question II: Common Problems 1.You Are Amending a Federal Statute 2.Work at Understanding Drafter’s Intent 3.Organize Your Answer 4.Redraft Without Explanation is Risky

59. Question II: Preparation 1.Work with Old Qs –Do at least one under exam conditions –Go through others to issue-spot (useful in groups) –Compare to Comments/Models 2.Prepare Policy Arguments –Try to anticipate places in course I might test (Q1) –Include Policy arguments in Checklists/Outlines 3.Reread Statutory Drafting Materials 4.Look at Comments/Models for Assignment V

60. Questions on Question II?

61. Exam Technique: Question III Traditional Issue-Spotter

62. Question III: Instructions Based on the facts below, P brought an action in U.S. District Court alleging that D violated [the FHA and/or §1982]. Discuss the following legal questions in the context of the facts, noting the strengths and weaknesses of each party’s position. The three questions will be weighted roughly equally, so allot your time and space accordingly: (A) … (B) … (C) …

63. Question III: General Points Read Carefully Stick to Qs Asked Treat Three Issues Roughly Equally Try to Show Off Your Ability to … –Work with Facts –See Two Sides on Each Major Issue

64. Question III Traditional Issue-Spotter: What I’m Looking For 1.Identification of the Most Important Issues 2.Quality of Analysis 3.Clear Presentation 4.Quantity of Relevant Points Made

65. Question III 1.Identify the Most Important Issues Not enough space to discuss everything Need to choose among topics Focus on most contested issues –Serious arguments on both sides –Look for topics with a lot of facts –If lawyers wouldn’t fight about it, address it quickly or not at all.

66. Question III 1.Identify the Most Important Issues Not enough space to discuss everything Need to choose among topics Focus on most contested issues –Human Models (Fam.Stat./Race v. Handicap) –FHA Def. of Handicap (Quadriplegic v. Dwarf)

67. Question III 2. Quality of Analysis Arguments for both sides of issues. Work with/compare relevant authority Try to use all the facts in the problem You can note missing facts/evidence that could help determine outcome (if not inconsistent with facts you do have)

68. Question III 2. Quality of Analysis Defend key positions thoroughly Increasing Degree of Difficulty: Keep pushing toward resolution; don’t have to reach one. –Doctrine, Stat. Language, Cases, Policy –Which side seems stronger & why

69. Question III 3. Clear Presentation Discuss one issue at a time & thoroughly Use headings to indicate transitions Make logic of arguments apparent Deal with overlap through cross-reference, not repetition

70. Question III 4. Quantity of Relevant Points Made Used primarily as tie-breaker if answers otherwise similar To save space, use abbreviations, headings, bullets Outline at end if more to say

71. Question III 4. Quantity of Relevant Points Made A little bit of credit for quick citations to relevant authority, but thorough analysis of contested issues yields the most points Use any authority you mention

72. Questions on Question III

73. Penultimate Slide Qs on Exam Technique or Logistics

74. Very Last Slide! Substantive Qs?