Bar Review - Charleston School of Law

ACE Series
Effectively
Analyzing & Answering
Multiple Choice Questions
Office of Academic Success
Charleston School of Law
Fall 2012
Resources on MCQs
•
•
•
•
•
•
S. Darrow-Kleinhaus, ACING THE BAR EXAM
D. Riebe & M. H. Schwartz, PASS THE BAR!
Bar Courses: PMBR-Kaplan/BarBri/Rigos/Finz
CSOL Law Library – Reserve Materials
Questions & Answers Series – Make Your Own!!
Internet Sites/You Tube:
– http://academic.udayton.edu/legaled/barpass/Multiple
Choice/MC00.htm
Goals in Preparing for MCQs
• Substance:
– Detailed UNDERSTANDING of the LAW
• Process:
– Master the specific MANNER of the TESTING
• AUTOMATICITY (Nuh, Nuh, Nuh, Nuh)
Substance: Achieving Detailed Understanding
• Study Black Letter Law until you OWN it.
–
Internalize the Information.
–
Know with Precision and Specificity.
–
Understand Well Enough to Teach.
Memorize
Comprehend
Substance: Achieving Detailed Understanding
• Memorize for Each Subject Area:
–
Basic Vocabulary and Elements.
–
Mini-Outline of Key Concepts.
–
Make your own Flash Cards.
–
Create Short Hypos for each Rule of Law.
Substance: Achieving Detailed Understanding
• Reconstruct Rules with “if, then,
unless” form to help memorize
concepts and exceptions:
If a minor enters into a contract,
then it is voidable,
unless it is for necessities.
Parts of Multiple Choice Questions
• Three Parts of MCQs or “ITEMS”:
– Facts -- “ROOT”
– Call of the Question -- “STEM”
– Answers -- “OPTIONS”
Parts of Multiple Choice Questions
• Facts -- “ROOT”:
–
–
–
–
–
Underlying Facts tell the Story.
Varied Lengths - can be Short or Long.
May need Special or Subtle Knowledge.
Facts may be Significant or “RED HERRINGS”
Issues should be Right Out in the Open!
Parts of Multiple Choice Questions
• Call of the Question -- “STEM”:
–
–
–
–
–
RATE: Role, Audience, Task, Exclusions.
Form – Question/Complete a Sentence.
May add more Facts to Root story.
Multiple Item Set with Multiple Stems.
May specify Subject Area, Cause of Action,
Theory of Law or POV so read CLOSELY!!!
Parts of Multiple Choice Questions
• Answers -- OPTIONS:
– Many Choices but One Correct Answer;
– Conclusion or Conclusion + Reason/Condition;
– Options may seem related or be independent;
– All Options should have Superficial Plausibility
ANSWER MCQs with a STRATEGY!!
Distractors, Foils & Seducers
Answers that are purposefully written
to Compellingly and Confusingly
Attract you in the . . .
Wrong Direction and
Make Your Head Spin
Distractors, Foils & Seducers
• Incomplete Definitions and Arguments:
– NO: Battery is a harmful or offensive contact
with another person.
– YES: Battery is an INTENTIONAL harmful or
offensive contact with another person.
• Insist on PRECISION!!!
• Don’t Complete Definition or Argument in
YOUR MIND. Only Use What’s THERE!
Distractors, Foils & Seducers
REMEMBER, CLOSE IS ONLY GOOD IN . . .
Distractors & Foils
Distractors, Foils & Seducers
• DEAL with FACTS in FRONT OF YOU:
• Assume Nothing in Addition to What Has
Been Established or Given – Profs may
Leave Out Facts to See if You Notice:
– John shot at Mary, intending to kill her, but
the bullet hit Bob. Mary cried for an hour.
Is John liable to Mary for assault?
NO! No FACT that Mary saw ANYTHING!
Distractors, Foils & Seducers
• Don’t ignore FACTS, even if INCREDIBLE
• Assume that generally an intoxicated person is unlikely
to be capable of driving a car in a reasonable manner.
But Root says that after Mary drank five Rum & Cokes
she was driving her car in a reasonable manner when
she collided with John. Was Mary negligent?
NO! Negligence = unreasonable conduct. Mary may
be a lush but you’re told she was driving reasonably.
Distractors, Foils & Seducers
• Don’t be Seduced into Choosing Legal
Expressions or Language related to areas
that are Typically CONFUSING:
– Rule Against Perpetuities
– Last Clear Chance Doctrine
– Erie Doctrine
– UCC § 2-207
Distractors, Foils & Seducers
• Don’t Overlook the OBVIOUS!
• General Rule - a Description of a DEED can be in
•
any form “as long as it adequately identifies the
property involved.”
Deed includes following description: 40 acres
consisting of NE quarter of SE quarter of NW sector
of SW quadrant of East Acre. Is Deed valid?
(c) Yes, as long as the description adequately
identifies the property involved.
Distractors, Foils & Seducers
• AVOID PLAUSIBLE CREATIONS:
• Fancy sounding phrases in Latin or
Pseudo-Legalese, but legally meaningless:
(a) The plaintiff can win under the
doctrine of post hoc ergo propter hoc.
WTF?
Distractors, Foils & Seducers
• AVOID PLAUSIBLE CREATIONS:
• Meaningless double talk nonsense, like:
(a) Defendant loses, because an
incorporeal hereditament lies only in
grant.
WTF?
Distractors, Foils & Seducers
• Different LANGUAGE, Same MEANING:
• You must know the SUBSTANCE of the
Law, not just the form of some words:
• Defendant is working with dynamite, which
is ultra-hazardous and leads to strict
liability, but the option says:
(d) Defendant is responsible w/o regard to fault
as her occupation is extremely dangerous.
Play the ROLE
• Judge: ALL ABOUT ACCURACY!
– Be Alert to Misstatements of FACTS and LAW.
– Consider all Options before rendering decision
– Focus on SPECIFIC and LIMITED ISSUE.
– Best Option may NOT be MOST JUST ONE!
(IOW, don’t Decide or Influence Outcome).
Do your JOB, even if you don’t like the Result!
Play the ROLE
• Advocate: ALL ABOUT ARGUMENTS!
– Choose MOST or LEAST Effective Argument,
depending on the CATQ.
– Use KNOWLEDGE of LAW to recognize LEGAL
SIGNIFICANCE of Particular FACT or to Select
the Most Applicable RULE of LAW.
Do your JOB, even if you don’t like the Result!
Mastering the MCQ Process
• Don’t just Answer and Tally, instead
you want to ANSWER and ANALYZE!
• “RAP” Process to effectively answer MCQs:
– Learn to Read and Analyze questions.
– Learn to Practice with questions.
MCQ Process -- Reading
• Read Carefully & Actively – Take Ownership
just like with Essay Exams:
– CIRCLE key words & put NOTES in the margins.
– Don’t ASSUME Facts – Use what you’re given!
– Avoid EMOTION or what you’d do in PRACTICE.
– Stick to the LAW & apply as instructed on exam.
MCQ Process -- Reading
• Read Carefully & Actively – Look for:
– Relationship b/w Parties that signal law & duties.
– Amounts of money, quantities, dates & ages.
– Words - oral, written, reasonable, unreasonable.
– State of Mind? (intended, decided, mistakenly
thought, deliberately, reasonably believed)
Analyzing Questions – “IRAC”
• Read “Call of the Question” First!
• Read FACT Pattern:
– What’s the subject area?
– What’s happening?
• Find the ISSUE in the Facts.
• Identify the RULE that Addresses the Issue.
• Think of answer in your Mind by APPLYING
the Rule to the Facts and CONCLUDING.
Analyzing the Answers
• Now, match your answer to the Options and
fill the gap to the “BEST” choice.
• Sometimes the answer is the same as yours,
but often the wording of the choices is
different so you have decide which answer
BEST reaches the same outcome.
• Sometimes you get additional facts in the
Options and have to incorporate them.
Analyzing the Answers
• Alternative is to “Work Backwards”
• Read Stem/CATQ, then Options/Answers
first, and then read the Root/Facts.
• Sometimes the Options/Answers can clue
you into the Issue and easier POE.
• If you get additional facts in the Options and
have to incorporate them, you’ll be aware of
them and be looking out for how they fit.
Steps in Analyzing Answers
• Identify the Issue or Legal Theory in each
Answer Choice.
• “Box” and “Slash.”
• If necessary, use “Process of Elimination.”
• Watch out for “Modifiers.”
• If you must guess, “Guess with a Strategy.”
ANSWER EVERY QUESTION!!!!!!!!
Analyzing Answers – “POE”
• “Process of Elimination”:
– Answer is not complete.
– Answer misstates or misapplies a Rule of Law.
• Wrong elements.
• Inapplicable principle of law.
– Answer mischaracterizes the Facts.
• Must use the same facts as the Root.
• Make no assumptions or add any facts yourself - only
use facts given or added by the examiners.
Analyzing Answers - Modifiers
• A Modifier connects the “conclusion” (the
outcome to interrogatory) with “reasoning”.
• Watch out for “because,” “if,” or “unless.”
• “Yes, because Dan was a third-party beneficiary of
the original Smith-Jones agreement.”
• “No, unless the Plaintiff knew that his actions
would likely have the consequences that occurred.”
Analyzing Answers - Guessing
• “Guess with a Strategy” -– Find the Issue! Use the “SO WHAT” test.
– Reject Distractors, Foils, and Seducers.
– Reject Obviously Incorrect Answers.
– Reject Unrelated Legal Principles.
– Reject Absolutes – “always,” “never,” “must”
– Choose Option, Fill in the Answer & Move On!
LET IT GO! You’re likely not coming BACK!
Types of Questions
• Single or Complex Fact Pattern
– Short or Long Root w/ single Q & Four Options
• Two Tier Options
– Single Fact Pattern w/ Multiple Options
I.
II.
Offer
Acceptance
(a)
(b)
(c)
(d)
I only
II only
I and II
Neither I nor II
Types of Questions
• Overlapping Options
– John can be held liable for the tort(s) of:
(a)
(b)
(c)
(d)
Battery only
Assault only
Both Battery and Assault
Neither Battery nor Assault
Types of Questions
• Question Series
– One Root and Several Questions
– May Add New Facts for each Question and New
Facts may be Singular or Cumulative
• Common Option Series
– One Common Set of Options
– Several Roots
Types of Answers
• Single Correct or Incorrect Answer
• Best or Worst Answer
• Odd Options (e.g., one is unlike others)
• “Two Plus Two” Answers
Practicing with MCQs
• Analyze Practice Questions, one at a time:
– If correct, still check the explanation to
ensure it was for the right reason AND to
check why the other answers were incorrect.
– If incorrect, then read again & do “3 R’s”:
• “Recreate” your thought processes;
• “Retrace” your steps:
• Compare “Reasoning” to find flaw in analysis.
Practicing MCQs – Reading Problems
• Incorrect Answers, what to do?
– Reread Stem – did I answer the precise Q?
– Reread Facts – did I overlook facts?
– Re-identify Parties – did I mix up the parties?
– Reread Language – did I overlook words?
– Review my Thinking – was I wandering?
– Review my Memory – am I rereading things?
– Review Fact Focus – am I reading in facts?
Practicing MCQs – Analysis/Rule Problems
• Incorrect Answers, what did I do?
– Disregard Exception & jump to General Rule?
– Not ID Issue b/c no connect to Sig. Facts?
– Apply Common Law when Statute applies?
– Apply Minority view instead of Majority?
– Misapply Rule to Facts?
– Reacting instead of Acting?
– Emotionally involved?
– Thinking Practice instead of Black Letter?
Bottom Line on MCQs
• Learn the Black Letter Law COLD.
• Be HONEST @ What You Know.
• Don’t just tally Answers – ANALYZE!
• Practice, Practice, Practice . . .
PRACTICE.
Problem Areas by Subject
• CONTRACTS and REAL PROPERTY:
– Longer questions w/ series of transactions
– Need to keep it all “straight”
• Read “Call of the Question” first to narrow SCOPE
and focus attention on PARTIES
• Distinguish Relevant from Irrelevant FACTS
• Keep track of TRANSACTIONS
• Follow RELATIONSHIPS b/w PARTIES
• SKETCH event sequence – VISUALIZE!!!!
Problem Areas by Subject
• TORTS:
– Product Liability
• Read the question very carefully
– Defamation
• How much does plaintiff inject into public eye?
– Strict Liability
• Know the appropriate tests for each type
Problem Areas by Subject
• EVIDENCE:
– Shorter questions w/ several LAYERS
– No nonsense use of FRE so easier to focus
• Admissible or Inadmissible?
• Identify Theory behind Proffer and apply FRE
• Admissibility includes Relevancy and balancing
Probative Value vs. Prejudice, then:
– What form is evidence permitted to take?
– Who can admit it?
– When can it be admitted?
Problem Areas by Subject
• CRIMINAL LAW & CRIMINAL PROCEDURE:
– Often given a STATUTE to use in question
– Read and apply the given STATUTE to Facts
– Pay attention to “INTENT”
• Actions are easier to discern than mental state
• Look for LANGUAGE related to state of mind
– Know your 4th, 5th, & 6th Amendment Rules!
Problem Areas by Subject
• CONSTITUTIONAL LAW:
– Often given STATUTE and asked “Is it Valid?”
– Valid exercise of STATE or FEDERAL POWERS
– Focus on TENSION and LIMITS on Power:
• Enumerated Powers of Congress
• State Regulatory Authority (“State Police Powers”)
• Due Process
• Equal Protection, including levels of scrutiny
• Commerce Clause
Questions?
Let’s PRACTICE!!!!
Contact Information
Assistant Dean Mark E. Hoch
Office of Academic Success
[email protected]