PROFESSOR SERIES: GARET'S LL&E EXAM
by Andrew Keats ('07)

FORMAT OF THE EXAM

While I’m sure Professor Garet has discussed the final exam format with you this will just provide a little more perspective. If memory serves me correctly, the exam was shorter than the other first semester exams, perhaps 3 hours long.

Multiple Choice: The first part was a closed book multiple choice exam, between 20-25 questions. Though you may only have half an hour to do the multiple choice, I don’t think anyone had trouble finishing this section, in fact most finished with time to spare. The questions in this section are somewhat random in that they do not necessarily focus on major themes in the course, but they are based on the readings and things that he has mentioned in class. I wouldn’t worry about the multiple choice too much, it wasn’t a difficult section.

Essays: The main section of the exam contains 2 essay questions. You should try to give equal time to both (though if there is some indication of different weights for the two you should give your time accordingly). Actually I always spend more time on the first essay because it takes me a bit of time just to get going. As you have seen from the practice exams passed out in class, the questions presented are fairly lengthy, with significant detail. Take time reading each question, read each one twice if possible (I know, after reading those things once you don’t want to go through the whole thing, so skim it again). One essay will be either a common law reasoning or a statutory reasoning problem (last year it was statutory reasoning for the first one…so I’d look for a common law reasoning problem). You will most likely be asked, as a legal clerk, to tell your judge how to rule. You will have to figure out what are the questions of law and what are the questions of fact. The second question will be broader and will require you to probably build on the issues, questions and facts developed in the first question. The second question will often be the "kitchen sink" question …. where you want to try and bring in everything else you can from class.

PREPARATION

What I did: While this is no help at this stage, I recommend doing the reading and showing up for class…but that’s just me. At the very least show up for the last class (its an experience you won’t get any other time in law school). I showed up to class, skimmed all the reading, but didn’t have much in the way of notes to show for it. I found a couple random outlines that were floating around and just gave myself the two days before the exam to do any studying. I hadn’t taken any of the practice exams and read over them and the sample answers over those two days. While possibly adding more stress because the sample answers were beyond anything I could do or even think of, and didn’t always seem to emanate directly from class, they were helpful…and some of the arguments stuck with me and I was able to use them in the final. The outlines I had were great because they squeezed down all the articles into short bullet points and rearranged the arguments into their proper categories (i.e. listing all formalist judges, writers, and their reasoning, etc..).

What I recommend: While I didn’t do much more than reading the samples...

• I think taking these tests and writing out answers would be a valuable way to study. I think going over them (even if not writing them) in study groups would be the best way to use group time. I didn’t do study groups (in case you’re worried that you need to).
• As far as the materials - have a sentence or two written down or in your head that describes each article or its main theme. Themes are important.
• Pay attention to the judges you’ve discussed in class and where their judicial reasoning fits (realism, positivism, etc.). The same goes for other major writers and philosophers (where do their arguments fit? What umbrella do you put them under? What do they stand for?).
• Understand how to deal w/ a common law reasoning problem, a statutory reasoning problem…and which articles you would analogize to.
• A one page checklist was helpful for a bunch of people who took the exam last year, because you want to try to jam as much from the class as you can into the exams (though not confirmed … I find quantity of writing is often an important factor in the grade). I would even throw quick "shout-outs" to a judge or writer in parenthesis to show the relevance of an argument to whatever I was rambling on about.

Things to remember: One key I think is really important is understanding what the actual question asks of you and not losing that focus. For instance our exam dealt w/ a fact pattern that seemed to be all about the section of the class on "personhood". I didn’t mention those issues once in my answer, even though I was trying to find a way to. Why? The question didn’t ask or lead me towards those arguments for my answer. That wasn’t what the issues were about, it just happened to be what the facts were.

Hope some of this helps. Good luck w/ your exams and remember, LLE doesn’t count for as many points.

Feel free to contact Andrew with any questions at: akeats@usc.edu