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Table Of Contents

2. Where Do Purposes Come From?
b. Policy analysis
3. Purposes as a Source of Statutory Ambiguity
B. Fact Situations To Watch For
B. Searching for Distinctions that Make a Difference
C. Patterns of Ambiguity To Watch For
D. Dealing with Multiple Cases
1. Rule vs. Exception
2. Statutory Boundaries
3. Sequential Categories
4. Crossing the Line
6. Open-Ended or "Evaluative" Categories
1. Facts on Both Sides of the Category
2. Differing Standpoints
3. Differing Time-Frames
4. Differing Ways To Make Sense of the Facts
b. Lenses of generality
A. Linked Forks: One Good Fork Deserves Another
C. Concurrent Forks: Straddling a Statutory Boundary
D. Proliferating Forks: Competing Domains
E. Hidden Forks: Dodging the Statute
A. Issue-Spotting
1. What the Course Will Tell You If You Listen
a. Classnotes and outlines
b. Themes and "issues"
c. Old exams and study groups
2. What the Exam Will Tell You If You Let It
a. Map the parties' claims and conflicts
b. Don't stop with the first issue you see
c. If the answer seems too easy, it probably is
B. What To Do with Issues Once You Spot Them
2. From Issue-Spotting to Issue Analysis
just Add Reasons
a. Keep in mind who the real judge is
c. The crucial role of policy arguments
4. Where to Focus Your Fire
a. Focus your fire on points in conflict
d. Write till the facts run out
A. To Know and Not To Know- That Is the Answer
B. Touching All Parts of the Policy Kingdom
1. "Shaping" Society
2. Administering Policy
(ii) Consistency across social categories
4. What Kind of Czar Are You?
C. Heads and Tails You Win
1. Getting Past the Obvious
3. When in Doubt, just Say No
Introduction
Tip #1. Exam Preparation Takes All Semester
Tip #2. Focus Your Exam Study on Your Classnotes
Tip #3. Prepare Your Own Outline of the Course
Tip #4. Review the Professor's Old Exams
Tip #5. Consider What Questions You Would Ask
Tip #9. Provide the Reader with a Brief Roadmap
Tip #10. Explain Your Reasoning
Tip #12. Argue Both Sides
Tip #14. Remember Who Your "Judge" Is
Tip #15. Watch Time/Credit Allocations
Tip #17. Don't Repeat the Facts
Tip #18. Avoid Conclusory Answers
Tip #21. Avoid Writing Jurisprudence Lectures
Tip #22. Don't B.S
FAQ #1. Do You Need to Cite Cases By Name?
FAQ #2. Should You Type Your Exams?
FAQ #3. Does the IRAC Method Help?
FAQ #8. Should You Use Commercial Study Aids?
A. Torts
C. Constitutional Law
D. Contracts
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Getting To Maybe: How to Excel on Law School Exams

Getting To Maybe: How to Excel on Law School Exams

Ratings: (0)|Views: 7,139|Likes:
Published by eusebio zico
Book Description---

Publication Date: May 26, 1999
ISBN-10: 0890897603
ISBN-13: 978-0890897607 |
Edition: 1
Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader's performance. The book begins by describing the difference between educational cultures that praise students for 'right answers,' and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations.
But the authors don't stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage.
In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance.
Editorial Reviews
Review
This book should revolutionize the ordeal of studying for law school exams....It's clear, insightful, fun to read, and right on the money. --Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School

If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
About the Author
Richard Michael Fischl is a professor of law at the University of Connectical School of Law. Jeremy Paul is Dean and Professor of Law at Northeastern University School of Law.

Product Details
Paperback: 348 pages
Publisher: Carolina
Book Description---

Publication Date: May 26, 1999
ISBN-10: 0890897603
ISBN-13: 978-0890897607 |
Edition: 1
Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader's performance. The book begins by describing the difference between educational cultures that praise students for 'right answers,' and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations.
But the authors don't stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage.
In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance.
Editorial Reviews
Review
This book should revolutionize the ordeal of studying for law school exams....It's clear, insightful, fun to read, and right on the money. --Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School

If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
About the Author
Richard Michael Fischl is a professor of law at the University of Connectical School of Law. Jeremy Paul is Dean and Professor of Law at Northeastern University School of Law.

Product Details
Paperback: 348 pages
Publisher: Carolina

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Published by: eusebio zico on May 16, 2013
Copyright:Attribution Non-commercial

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