Memo: Mid-Term Answers and Final Exam Review
Please review the following comments about errors typically made on the exam and how to
avoid them on the Final.
The most serious errors made resulted from “misdiagnosing” the questions. That is, you do not
properly identify what the question was aiming at, what was the issue/rule it was asking you to
address. So, you get few or no points on that question. In class I spoke about identifying the
“flags in the facts” – the indicators in the fact pattern that suggested what rule/issue was involved
in the question.
However, you may have difficulty recognizing those “flags” or indicators. As a result, you “miss
the issue” and get no points for your answer on that question. So what could help you do better
with that? One thing that can help is to use an “outline” of issues – outlining the elements of the
Plaintiff’s case that we’ve studied – to spot the issues embedded in exam questions. To do that,
you need to make an outline and review that outline in advance with an upcoming exam in mind,
and ask yourself, for every element listed on the outline: What kinds of exam facts would give
rise to this issue or rule? What kinds of facts should I be “on the lookout” for?
Some examples:
The outline lists “Negligence per Se”. If the exam facts refer to a statute, they give rise to this
issue.
The outline lists “Res Ipsa”. If the exam facts describe a malfunctioning machine, but with no
explanation for the malfunction, they give rise to this issue.
The outline lists “Cause in Fact—Special Rules”. If the exam facts describe a situation with
multiple possible causes, they could give rise to this issue.
These are just examples, but make an outline of issues studied thus far, and ask yourself (or your
study partner), for each item listed there: What kinds of exam facts would give rise to this
issue/rule? If you do this, then you’ll be much better prepared to recognize those facts when you
see them in a question. Then you won’t miss the issue and lose all the points on that question.
In sum, use the outline of elements/rules both to review and see if you understand the rules
(including their elements/conditions), and also to sensitize yourself to the patterns of facts that
call for you to use each rule in your answer. This will help you not to “miss issues” on the exam.
