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What to Do in the First Few
Minutes of the Exam
Write Down a Short Issue Outline in the front cover of the exam book (no
more than 2-3 minutes)
Make sure you have all the pages of the exam.
Check each question and calculate how long you have for each question.
Commit yourself to spending no more than the allotted time on each question
until you have answered all questions. After you have answered all
the questions, you can then return to the question or questions which you
didn't finish.
Read the instructions carefully and be sure to follow them.
Write on only one side of the paper so you have room to write additional
points. Write one question per book for the same reason. Be sure to number
your books. For instance, 1 of 4.
General Approach
Use 10% of the question time for reading, issue-spotting, and question
outlining. For instance, if it is: a 30 minute question you should spend
3 minutes; 60 minute question = 6 minutes, 90 minute question = 9 minutes,
etc.; Subtract this time from the total amount of time available so on
a 30 minute question you will have 27 minutes to write and answer; on 60
minute question you will have 54 minutes; and on a 90 minute question you
will have 81 minutes.
Read the stem of the question first. Example: What rights, if any, does
Abel have against Diane? Sam?
Read the body of the question keeping in mind the stem of the question.
Mark "key or essential" facts.
Write legal theories and issues in the margin, preferably next to the key
fact that raises the theory or issue.
Theory = Battery
Issue = Intent
Fact = Aimed at one person but hit another
Re-read the question, marking additional facts and identifying additional
theories or issues. On this reading, do explicit issue categorizing.
Write a short scratch Theory/Issue outline for the question; Keep it very
short.
Organize issues;
first prima facie case and second defenses; or
Most important issues; or,
As identified in the margins; or
You should be spending no more than a minute or two on this.
Count the issues and divide the time available among the issues. For instance,
on a 60 minute question if you have 6 issues you will have 9 minutes per
issue; if you have 12 issues you will have 4.5 minutes per issue, etc.
Commit yourself to spending no more than the allotted time on each issue.
Leave a few lines between issues, so you can come back later if you have
time and/or additional thoughts.
Do not restate the facts. Instead, use key facts in analysis.
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