MEMORANDUM
TO:
LEGAL ANALYSIS STRATEGIES STUDENTS – SPRING 2014 SEMESTER
FROM:
PROFESSOR SCOTT JOHNS (DIRECTOR DU BAR SUCCESS PROGRAM)
SUBJECT:
COURSE INFORMATION & SYLLABUS (SUBJECT TO CHANGE)
DATE:
JANUARY 14, 2014
Welcome to Legal Analysis Strategies! I look forward to exploring with you the analytical and communicative
skills necessary to engage in effective legal analysis both on the bar exam and as a practitioner, and I am
excited that you have selected this course!
Course Introduction
As background, our course will be devoted to understanding and applying fundamental analytical skills for
solving legal problems. As a foundation for our analytical work, we will be using substantive materials
contained in outlines that I will provide free to all enrolled students. In addition, we will be utilizing an
excellent multiple-choice “white and red” workbook, freshly updated, by Steve Emanuel, Strategies and
Tactics for the MBE (5th Edition; Aspen Oct 2012). We will also read from a text by the elected San
Francisco public defender Jeff Adachi called The Bar Exam Survival Kit (latest edition revised 2012) on
exploring the logistics, strategies, and protocols for excelling on bar exam essay questions, performance tests,
and multiple-choice questions. Periodically, we will also refer to short chapters from James A. Gardner, Legal
Argument: Structure and Language of Effective Advocacy (Lexis-Nexus 2007). Both The Bar Exam Survival
Kit and Strategies and Tactics for the MBE are available at the bookstore or on-line. In addition, as a
supplementary text Legal Argument is readily available on library reserve for your reference (and as this
text is easy to read in a short setting, please do not purchase this text). As a reminder, this course is not a
substitute for a commercial bar review course. Rather, the purpose of the course is to enhance your
analytical and communicative abilities within a limited framework of substantive areas to provide a strong
foundation for subsequent preparations to achieve success on both the bar exam and in the legal profession
as skilled legal analysts.
Course Description
Legal Analysis Strategies provides graduating students during the final semester of law school with
instruction, guidance, and feedback to develop foundational skills necessary to achieve success on both the
bar exam and in the legal profession as skilled legal analysts and communicators.
The course will focus
primarily on core bar exam subjects (for example, constitutional law, contracts, property, evidence, torts,
and/or criminal law/procedure) using practical problems in all three examination formats of the bar exam –
essays, performance tests, and multiple-choice questions. Classes will require timely submissions of written
practice answers with class presentations/exercises of analytical strategies used to solve hypothetical
problems posed in essay questions, performance tests, and multiple-choice questions.
Course Protocols
Your attendance and participation are required at all class meetings and for all assignments pursuant to law
school policies. Submission of timely written assignments will be included in calculation of grades (10 points
each) (weighted approximately 10 percent of final grade). No late assignments can be accepted without prior
written approval based on extenuating circumstances. We will be using “blackboard” as our computer medium
to facilitate classroom discussion and writing assignment submissions. The final grade will be based on a
comprehensive closed book exam given during the final exam period designed to simulate bar exam protocols
based on the subjects studied during the semester. I reserve the right to add points to final grades for
extraordinary in-class participation. Please contact student affairs if you need any accommodations. Also,
please let me know if you have any questions (sjohns@law.du.edu). I am located in Room 455L (open door
policy), and I would enjoy meeting with you! Once again, welcome to LAS!
SYLLABUS (schedule subject to change)
Class Period
Jan. 14
Course Concepts
Introduction: Course Objectives and Course Overview
Jan. 16
Essay Test Strategies: Nested IRAC
Jan. 21
Multiple-Choice Strategies: IRAC
Jan. 23
Performance Test Strategies: Analyzing Cases and Synthesizing Rules
Jan. 28
Legal Analysis Triangle Practice Session: IRAC using Deductive
Argument; Synthesis using Inductive Analysis; Case Comparisons using
Analogical Reasoning
Jan. 30
Torts Strategies Simulated Bar Review Lecture
Feb 4
Feb. 6
Feb 11
Feb 13
Week of Feb 17-21
Torts Strategies Multiple Choice Workshop
Torts Strategies Essay Workshop I
Torts Strategies Essay Workshop II
Practice In-Class Torts Exam
Individual Exam Conferences (via appointment)
Feb 18
Contracts Strategies Simulated Bar Review Lecture
Feb 20
Feb 25
Contracts Strategies Multiple Choice Workshop
Practice In-Class Performance Test (90 minute class)
Feb 27
Mar 4
Make-Up or No Class Due to Conference Weeks & PT Class Length
Contracts Strategies Essay Workshop
Pre-Class Preparation
Research your state bar exam content and
format (about 30 minutes); Take VARK Test
on Learning Preferences (available free at
vark-learn.com) (about 15 minutes); Review
and search through bar examiners’ website
at www.ncbex.org (about 30-60 minutes)
Bar Exam Survival Kit Part I pp. 1-37; MEE
Information Book (available free at
ncebx.org); Legal Argument Chapters 1-4
(available free in library course reserve);
Essay Handout (available on course web site);
MLK Letter from Birmingham Jail
Bar Exam Survival Kit Part III pp. 208-209
(about the MBE); MBE Information Book
(available free at ncbex.org); Read “Reading
Handout” (available on course web site);
Strategies and Tactics Introductory Material
“About the MBE; How to Use this Book; and
How to Attack the MBE”
Bar Exam Survival Kit Part III pp.209-210
(about the PT); Legal Argument Chapters 1,
4-6 (available free in course reserve library);
MPT Information Book (available at
ncbex.org); PT Handout (available on course
web site)
Bar Exam Survival Kit Part III pp. 161-208
(reviewing essay tactics and practical
examples of essay analysis); Review
Deductive, Inductive, and Analogical
Reasoning Strategies (handouts available on
course web site)
Subject Matter Study; MBE and MEE subject
matter specifications (available at ncbex.org)
Subject Matter Study
Subject Matter Study
Subject Matter Study
Review Materials/Memorize Checklist
Bring Torts Exam; Review Torts Rules;
Review Torts Multiple-Choice Questions
Subject Matter Study; MBE and MEE subject
matter specifications (available at ncbex.org)
Subject Matter Study
MPT Information Book (available at
ncbex.org)
Review Course Materials
Subject Matter Study
Mar 6
Practice In-Class Contracts/Sales Exam
Review Materials/Memorize Checklist
Week of Mar 10-5
Mar 11
Individual Multiple-Choice Conferences (via appointment)
Constitutional Law Strategies Simulated Bar Review Lecture
Mar 13
Mar 18
Constitutional Law Strategies Essay Workshop I
Spring Break
Mar 20
Spring Break
Mar 25
Mar 27
Apr 1
Constitutional Law Strategies Essay Workshop II
Constitutional Law Strategies Multiple-Choice Workshop
Practice In-Class Constitutional Law Exam
Bring Strategies & Tactics and MC Packets
Subject Matter Study; MBE and MEE subject
matter specifications (available at ncbex.org)
Subject Matter Study
Review Class Materials and Bar Exam
Applications, etc.; Listen to Oral Arguments
in Supreme Court Marriage Cases (available
on-line at oyez.org)
Review Class Materials and Bar Exam
Applications, etc.; Listen to Oral Arguments
in Supreme Court Affordable Care Act
(available on-line at oyez.org)
Subject Matter Study
Subject Matter Study
Review Materials/Memorize Checklist
Apr 3
Criminal Law Strategies Simulated Bar Review Lecture
Apr 8
Apr 10
Week of Apr 14-18
Apr 15
Criminal Law Strategies Multiple Choice Workshop
Criminal Law Strategies Essay Workshop I
Individual Memorization Conferences (via appointment)
Bar Success Open House Panel with Recent Bar Takers
Apr 17
Apr 22
Apr 24
Criminal Law Strategies Essay Workshop II
Practice In-Class Criminal Law Exam
Course Review
Subject Matter Study; MBE and MEE subject
matter specifications (available at ncbex.org)
Subject Matter Study
Subject Matter Study
Bring Notes/Outlines/Study Aids, etc.
Review Class Materials; Bar Exam Survival
Kit pp. 213-216; Review Bar Exam Survival
Kit
Subject Matter Study
Review Materials/Memorize Checklist
Review Course Materials
FINAL EXAM AS SCHEDULED BY REGISTAR – CLOSED BOOK