Learning from Midterms and Preparing for Finals
Prof Homer: jhomer@law.whittier.edu
Prof Dombrow: kdombrow@law.whittier.edu
Prof Gutterud: hgutterud@law.whittier.edu
Located in the “Institute of Academic Support”
in Building 1
Fundamentals of law school
Reading, briefing, outlining
Preparing for midterms
More on outlining, essay questions, multiple
choice
Learning from midterms and preparing for
final exams
Fine tuning your outlining and test taking
skills
Learning from Midterms
Stress Management & Time Management
Practice Exams & Adaptive Outlining
Learning from Midterms
Overall Strategy for Law School
Success:
Forethought
Performance
Reflection
Reflecting on Midterms
Keep Perspective
Self-Evaluation
Adaptation
• Organization
• Rule Statements
•Reading Comprehension:
• Pay attention to language used
• Don’t make up facts
• Analysis
• Use of Facts
• Facts + Why
• Counter Argument vs. Affirmative Defense
Importance of Self Evaluation:
 Your Motto as a Law Student:
Effective & Efficient Learner
 Means to Measure your progress
 See Self-Evaluation Assessment in Packet
 Continue to adjust and adapt:
 Outlining, Test Taking, Study Groups
See Handout
Time Management/Stress
Management
1.Stress Management
2.Time Management
1.Study Schedule
2.During an Exam
1) Stress Management
Handling Anxiety
 Pace yourself
 Take practice exams
 Keep perspective
 Schedule time to RELAX and RELIEVE STRESS
2) Time Management
Time Management Prior to Final Exams:
How to Set up a Study Schedule
 Include when you will:
 Read for class
 Work on outlines
 Work on Legal Writing
 Workout/relieve stress
 Complete your outlines
 Have flashcards done
 Have memorized all your
rule statements
 Take practice exams
 Get feedback from ASP,
Prof. or TA
Example Study Schedules
Revise
Outlines
Torts
Prof.
Review
Practice Exams
w/o outline
Cont.
Flash
Cards
Revise
Outlines
Practice Exams w/ or w/o outline
CrimLaw
Prof.
Review
Monthly
At least one practice exam
per subject per week
Have Outlines Done by
Thanksgiving
Have Outlines Done by
Thanksgiving
Revise
Final Update
Prop TA Outlines Flash Cards Be ready for Reading Week
Review
First Week of December
Go thru Finalize
Ks TA FlashcardsOutlines
Review
THANKSGIVING
Last Day of
Classes!
Keep up with reading!
Schedule Example Weekly
7
Gym 8:00-8:45
Contracts Class 11-12:15
Westlaw Training 12:30
CrimLaw 2-3:15
Ks pgs 300-315, 315-340
Revise Outlines
8
Legal Writing I 8:30-10:20
Torts 10:30-11:45
PILF lunch time meeting
Prop 2:30-3:45
Review Class notes
Prop pgs 90-99, 107-130
9
10
Gym 8:00-8:45
Contracts Class 11-12:15
CrimLaw 2-3:15
ASP Workshop 3 3:30 Rm 8
Review Practice Exams w/ ASP 4:30
Gym 8:00-8:45
Torts 10:30-11:45
Prop 2:30-3:45
Review Class notes
Prof. Heilman’s Ofc hours 2 pm
Sharkeez Bar Review 9pm???
Run 5K
Work on memo
Revise Outlines
Take 2 Practice Exams
Torts pgs 340-360, 361-380
Sleep in!!!
CrimLaw pgs 250-275, 280-291
11
12
Take 2 Practice Exams
Gym 9:30-10:30
Finish up memo
MAKE UP TIME
13
Scheduling Example Hourly
2) Time Management
Goals Recommended by ASP
Currently
 Have an outline for each class
 Self-assess:
 What other study tools do you need?
 How well is your outline structured?
 Stay current with all reading
 Practice exams (with or without outline)
2) Time Management
Goals Recommended by ASP
By “Thanksgiving”
 Have all outlines up to date
 Have all flashcards up to date
 Take more practice exams (start to
without an outline)
2) Time Management
Goals Recommended by ASP
By Reading Week
 Have all outlines up to date again
 Have all flashcards made
 Have all rule statements memorized
 Be taking practice exams w/o an outline
2) Time Management
Time Management During the Exam:
 Proportion Your Time
 Through Pre-Write Outline Identify:
“Hot” IssuesDistribution of points
 Use checklist
Divide up your time and stick to your plan
Have a 5 minute plan



Practice Exams and Adaptive
Outlining
Practice Exams
 Why are they important?
 Where can you find Practice Exams?
 ASP has a database
 My.whittier
Pre-Write Outlining: Contracts
 See handout
Adaptive Outlining/Learning
Complete/
Update
Outline
Practice
Exams/
Review
Sessions
Assess
what you
know
Adjust
Outline
Ways to Assess What You Know
Organization:
 Was it easy to
organize an
answer based on
how your outline
is structured?
 Was your outline
in IRAC?
Analysis:
 Did you catch all
issues key issues?
 Did you catch all
key facts/hot
issues?
 Did you identify
counter arguments
& affirmative
defenses?
Comprehension:
 Did you make up
or misstate facts
OR did you make
logical inferences?
Adaptive Outlining: Contracts
ACCEPTANCE—The unequivocal acceptance
communicated to the offeror that mirrors the offers
terms. It is judged by the OBJECTIVE STANDARD—whether a reasonable
person would believe that the K had been accepted and formed.
Mirror Image Rule—Acceptance must be on terms proposed by
offer, without variation.
A response that does not match the terms of the original offer is a counteroffer and the offeror as “master of the offer” enjoys freedom from K except on
his own terms (or can agree to counteroffer)
This concept translates to all subjects, here is another example:
Adaptive Outlining: CrimLaw
Mens Rea—The state of mind necessary to commit the crime.
General Intent or Specific Intent
General Intent—can be committed in # of ways.
Specific Intent—conscious objective to achieve
Permits ∆ to commit actus reus of crime with a variety of particular offense.
mens rea from negligence, recklessness, willfulness to
Ex: Express Malice Murder, Theft, attempts,
intention.
voluntary manslaughter, accomplice liability,
conspiracy, solicitation
Ex: Grievous Bodily Injury Murder, Depraved Heart
Murder, Felony Murder Rule, Rape
ATTEMPTS
Mens Rea—Must have the conscious objective to commit a certain offense. Specific intent offenses only!
Actus Reus—at common law—∆ needs to perform beyond mere preparation/act
itself/overt act/substantial steps (borrowed from model penal code).
Various synonymous phrases for beyond mere preparation:
Act itself, Overt Act, Substantial Steps (borrowed from Model Penal Code)
Keep in mind there is no hard and fast rule of acts to make someone guilty of an
attempt, just analyze circscan look for appreciable fabric of the offense
Mnemonics
 CrimLaw Insanity jxns=“DIMM”
 Ks Offer Terms=QTIPS
 Quantity
 Time
 Identify of Offeree

 Price
 Subject Matter
 Torts Conversion—
dominion=RADD
 Durham
 Irresistible Impulse
 Model Penal Code
 M’Naughten
CivPro PJ=“My Parents
Frequently Forgot to Read
Children’s Stories”
 Minimum Contacts
 Purposeful Availment
 Refusing to Return
 Foreseeability
 Assuming Control
 Fair play & Substantial Justice
 Destruction
 Deprivation of Use
 Relatedness of contact to claim
 Convenience
 State’s Interests
Can you think of your own? Have you thought of your own?
Final Thoughts:
 Update Study Plan
 Be Prepared and Confident for Finals


Practice, Practice, Practice
Perspective: Don’t allow your perceived performance
to effect your confidence
 Manage Time Wisely During the Exam
 Enjoy Winter Break!!!
TRY not to obsess about waiting for and/or
checking my.whittier for grades

First Year Law School Success
An Exam Writing Workshop Presented by BARBRI Bar Review
Live Lecture @ WLS:
Saturday November 19, 2011
9:00 a.m. – 1:30 p.m.
Room 10—COMPLETELY FREE
*Bring your yellow BARBRI Book
ASP Office Hours:
Final Office hours held
Tuesday
Prof. Homer
Wednesday
Thursday
12:00pm-2:30pm 9:00am-12:00pm 9:00am-12:00pm
4:00pm-5:00pm
Prof. Dombrow 9:00am-12:00pm 9:00am-12:00pm 9:00am-12:00pm
2:00pm-4:30pm 2:00pm-4:30pm in library
Prof. Gutterud
12:00pm-2:30pm 8:00am-12:00pm 9:00am-12:00pm
in library
1:00pm-2:00pm
4:00pm-7:00pm
in library