Instructions: This exam consists of two parts.

1. The first part is a closed book short answer exam of 17 questions for which you will have one hour 45 minutes (1:45).
 
2. The second part is an open book two-essay-question exam for which you will have one hour 15 minutes (1:15).

The total exam grade will be similarly proportioned: 58% short answer, 42% essay.

Suggestions to improve your grade:

1. Plan your time. Read all questions, make notes, and consider estimated time before writing. Consider making a sketchy outline of your essay answer before writing. It may end up saving you time – and sharpening your organization.

2. Mention everything relevant – even if briefly, between commas or dashes in one sentence (or parenthetically) – that may be relevant, or might be under slightly changed circumstances or alternative theories. Because you need to . . .

3. Show me what you know. However intelligent and knowledgeable your answers suggest you probably are, I can’t give you credit for what you don’t put on paper (or is illegible). Mention such specific cases or other materials as are relevant (if not by name then by identifying details).

However, remember that: (a) except for some of the short answer questions, you are being tested on your ability to apply – not just memorize and repeat – what you’ve learned, (b) padding will hurt rather than help your grade, as will (c) wild guessing, errors of law, sloppy reading of questions, and illegible writing.

Instructions: This part of the exam is closed book and consists of 17 short answer questions.

1. You have one hour 45 minutes to answer. For your guidance in planning time, each question indicates possible points out of 208 total. For example, there are two 20-point questions and four 15-point questions (a six-question total of 100 of 208).

2. Precisely because you don’t have unlimited time, take advantage of the fact that some of the questions can (and should) be answered in a phrase or sentence – at most a half-page. (Remember that “padding” counts off.) If you think you really do require more on those questions, please limit your answer to two double-spaced exam booklet pages (which is probably all you’ll have time for anyway).

3. If you leave a question for later, put the number of that question at the top of a blank page, and put your answer there later. (I’ll be grading everyone’s answer to a given question at the same time, turning the exam book pages as I go. I might miss any answers that are out of order.)

4. Remember: (a) If you don’t put it on paper I can’t give you credit for what I can only guess, based on what you have written, you probably know. (b) Read questions carefully and plan your time before writing. (c) Write legibly. If I can’t read an answer I have to assume it may be wrong.

5. When time has expired for this part of the exam, turn in (a) this exam, (b) any scratch paper, and (c) the exam booklet/s containing your answers.

Relax. You know more than you think you do.

-- N.J.

Instructions: This part of the exam is open book and consists of two essay questions. You have one hour and 15 minutes (37 minutes for each if you divide it equally).

As with the short answer questions, remember that: (a) If you don’t put it on paper I can’t give you credit for what I can only guess, based on what you have written, you probably know. (b) Read the question carefully. (c) Plan your time. (d) Jot down some points you’ll want to make; maybe even a little outline before starting to write (it can save you time). (e) Write legibly. If I can’t read it I assume it probably would have been wrong if I could have read it. (f) When time’s expired, turn in this exam and any scratch paper along with your exam booklet.

What I will be looking for is your thoroughness in addressing all possible issues; don’t foreclose comment about a set of issues because you made a preliminary assumption that cuts off that line of inquiry/analysis. For example:

Don’t say, “This is clearly the category of A, for which the plaintiff has the burden of proving X, Y and Z – something she obviously can’t do with regard to Y and Z.”

Say instead, “Qualities 1 and 2 would suggest a court will probably treat this as a category A case. In a category A case the plaintiff has the burden of proving X, Y and Z. Proving Y and Z will be difficult. On the other hand, had qualities 1 and 2 not been present the court would have to address the requirements for category B, in which case plaintiff would still have to prove X, which she obviously can, but would be spared the burden of having to show Y and Z.”

Of course, I don’t intend for you to have to say the equivalent of, “On the other hand, if pigs could fly there would be an FAA regulation issue. The agency does not regulate the flights of geese, even though they can be an airline safety hazard. However, pigs, with their much greater weight and bulk, would be even more so.”