June 23, 2009
tips on writing essays and memorizing
I strongly suggest that when writing essay questions, you use the long outline as a reference and you write them open book. Neither the short outline nor the lecture handouts offers the thorough discussion of the law that you find in the long outline. Using the long outline as you write, helps you write the rule correctly, using the proper terms of art, and re-enforces it in your mind for easy recall later. It is as if you filed the rule in your memory bank.
I recommend you read the long outline in preparation for each lecture, but if you are not, at least use the long outline as a reference when you write an essay question.
After July 10, try writing the essays under exam conditions - closed book and 30 minute timing, but for now, use the long outline and write them open book.
If you have not yet done so, this week (June 22) would be an ideal time to write one essay on torts, criminal law, and evidence. Next week write essays on constitutional law, property and agency. In that way, you will review the law of five of the six MBR topics for the simulated MBE coming July 6, as well as review the essay topics from early June, as well as practice essay writing. Then the week of July 6, in the evenings after the MBE simulation, write one essay each evening - on IL civ pro, corporations, and commercial paper. Use July 9-10 to write essays on contracts, equity, family and fed jur and wills and to do another MPT.
Posted by Suzanne at 10:37 AM
April 20, 2009
bar exam essay writing tips
BAR ESSAY EXAM WRITING TIPS
By Suzanne Schmitz
here are some tips for essay writing for the b ar.
1. On Day 1, you will have three essays written and graded in IL in the am, then an MPT, and then six essays written by NCBE but graded in IL in the pm. You will not go wrong by using IL law. In MO, you will have four essays in the am, the MPT, and then six more and MO tends to mix up MEE and MO questions. You will not go wrong by using MO law. The MO questions often require short answers where CIRAC may not work.
2. A well-organized answer is better than one that is not. Also, you need to use some judgment to determine the value of one part of the question over another.
3. Seldom will you address the same law twice. Read all parts of the call of the question before starting to write so that you know what law to use where. Also if you are needing the same law again, it is OK to refer to above, and not re-write the law.
4. For the exam, use non-erasable blue or black ink pens that do not smear. Avoid abbreviations other than P and D (HDC OK) and if making an error, put one line through it. Anything you write in the margins will not be read. Label each part – a, b, c or 1, 2, 3. The graders hate arrows. You have one answer book per question and only one. So plan ahead. I am giving you 2 exam “books” - make your own copies and use this for practice so that you stay within the limits. For typists, the character limit is _____ .
5. Take each question in order, giving it 30 minutes. Do not read all the questions first - you will just worry about them. Be sure you coordinate answer books with question books. The MEE (afternoon) essay and answer booklets are color coded and numbered.
6. For each question, use ten minutes to read and organize and 20 minutes to write. Read the call of the question first, all of the call, then the facts. Organize as below. Then skim the call and facts to be sure you are on target. Only then begin to write.
7. You may organize in the question book, not the answer book. A quick mode of organizing is this, using Equity #24, part 3:
spec perf?
1. K Facts: A&D - K w/G
2. Conditions fulfilled G ready to pay?
3. Legal rem. Inadq. D not enough tiles special design, unique
4. Mutuality Ct can order either party
5. Enforcemt feasible Ct need only super. transfer of tiles
Box and deliver
6. No defenses none apparent
8. Most of the time, you must take a stand. Seldom will you argue both sides.
9. Write in CIRAC fashion, giving the C, I, R, A and C each a paragraph or more - this makes it easy for the grader.
Leave the first 2-4 lines blank for the conclusion.
State the Issue, using the call of the question - this keeps you on target.
State the rule that is relevant to the issue, not every rule you know.
Define terms in the rule that are at issue.
For each part of the rule, show how it is or is not met by using the facts in the problem. Skim the problem for all the facts that can be used to show how the rule has been or has not been met.
If necessary, use CIRAC, RAC, RAC, major C.
Adding policy where appropriate is nice but probably not needed.
Reach a conclusion and now write it at the top as well.
Be sure you are consistent. Do not disagree with yourself.
10. Incorporate reading essays into your review. Work from the highest numbered essay question backwards. The oldest questions are no longer typical. As part of your review, read 4-5 essay questions and spot the issues. See if you can recall the law; if not, review it. If so, move on. When finished reviewing, write out, with open book or notes, 1-2 essays per topic. A week later, try another one closed book. Open if needed. In July, write out another 1-2, closed book in 30 minutes. In July, outline another 3-4. Read at least ten questions and answers per topic.
11. Try to do a variety of issues - not all SMJ, but some SMJ, some PJ, some RJ and CE, etc. See my list so you can be sure to cover a variety.
12. It is a difficult balance to quit telling the grader everything you know with the danger of being too concise. The only sure way is practice; bring answers to one of us to review. We have seen model answers and have a sense of what is wanted.
13. Prepare for the endurance of writing or typing ten essays in one day. Just as BarBri simulates the multiple choice portion, we will simulate the essay portion, using three Illinois (Three Mo for Mo takers) essays, an MPT, and six national essays, on July 21, 9-4, in 202.
14. Bring essays you have written to Prof. Schmitz and she will give some to Prof. Basanta to read. Bring completed performance tests to Prof. Basanta or Robertson.
15. Timing tip for the exam: at the beginning of each exam period, set your watch to 12. You will then know that at 1:30 or at 3, the exam period is over.
Posted by Suzanne at 11:04 PM
December 26, 2008
recommended bar exam essays from your Bri Book
Prof. Schmitz suggests that you write out a variety of essays on each topic and read as many more as you can. To help you find a variety of essays per topic, she has prepared this list for your use.
SUGGESTED ESSAY EXAMS FOR PRACTICE for MBE and Ill.* Portions of the EXAM
Agency and Partnership
#26 – form, authority, liability of Partners
25 – limited Partnership
24 - formation and liability of P
23 - P liability and a duty
21 – liability of P to A
20 – independent contractor
19 – termination of P
17 – vicarious liability
16 – actual, apparent, termination
15 – limited liability
14 – liability of P
Trusts and Future Interests
19 - trust revocation, discr. Trust., power of apptmt
18 – lack of def. benefic., tr. Form, cy pres
17 – validity of tr. Creatn, funding, pour over trusts, creditors
16 – lack of def. benefic.,power of appointment
15 – creation of enf. Trust, class gift
14 – distrib. Of estate, RAP, t’tee duties
13 – spendthrift trust, tr termin.
12 – will and tr – revoc. Tr, distrib.
9 - RAP
Wills
30 – disclaimer, lifetime gift, abatement, stock dividends
29 – contrac.will, indept significance, extrinsic document
28 – slayer, advancement, per stirpes
27 – life insurance, joint tenancy, anti-lapse, class gift
26 – revocation, dependent relative revoc., ademption
25 – intestacy, advances
24 – will contests
23 – validity, revocation, distrib.
22 – form., incorp., ademption
21 – incapacity, validity, power of attny
20 – powers of apptmt, specific bequests, ademption
19 – DRR, revoc., holographic
18 – revoc., validity, distrib.
15 - intestacy
Illinois Civil Procedure
50 – attny-client privileges, work product
49 – PJ, service, RTA, venue
48 – class notice, class cert
47 – PJ, preclusion – RJ and CE
46 – jury demand, lmtd discov., atty fees, waiver
45 – joinder of p, amend c/a, MSJ – c’claim
44 - PJ
43 – vol. dism., subst. judges, RJ
42 – PJ, pleadings, RTadmit
41 – amendment, relation back – amending
40 – venue, pleading, joinder, consolidation
39 – pleading, joinder, MSJ, court powers-settlement
38 – PJ, service, amendment
37 – discovery, appeal
36 – venue, vol;. disml, MSJ – affidavits
35 – class cert, MSJ, RJ and CE
Illinois Equity
25 – nuisance – injunction, laches, estoppel
24 – spec. perf., restitution
23 – prelim. Inj.
22 – spec. perf., eq lien, constr. Trust
21 – spec. perf., rescission
20 – unconscion., spec. perf.
19 – duties of t’tees, eq. lien
18 – TRO, spec. perf., eq. defenses
17 – TRO & First amendment
Corporations
20 – LLC
19 - merger, dissenters rights
18 – corp. meetgs, proxies
17 – promoters
16 – corp. pres. Authority
15 – proxies, cumulative voting
14 - dir=s conflicting interests, business judgment, director duties
13 - record date, quorum, election of directors
12 - transfer of shares, stock restrictions, jud. dissolutions
11 - issue options, shareholders rights, preemptive rights
10 - promoter liability, corp power, charities
Family
27 – set aside mediated div agreement, spousal mainten
26 – div jurisdictn, consent to divorce, eq distribution property
25 – div jurisdiction, unwed F’s adoption rights
24 – annulment, sp. Maintenance, void marrg
23 – paternity, child suppt, visitation, d. p. rts
22 – relocation, ch. Support, jt decision-making – child
21 – ch custody
20 – marital property
19 – premarital agreemt, marital property
Fed. Civ Pro
29 – removal, compul c’claim
28 – discov.
27 – relatn back, appeal, sanctions – pretrial conference
26 – diversity jursd., PJ
25 – inj. – non compete clause
24 – MSJ, venue
23 – SMJ, FFC
22 – joinder claims and parties, SMJ – state claim
21 – abstention, class cert.
20 – MSJ, preclusion
19 – forum selection, protect. Order
18 – SMJ, venue, jurisd. State claim
17 – preclusion, appeal, collateral orders
16 – contempt, misc. procedures
Sales
6, 8 – replevin
5 – warranties
4 – damages
3 – nonconform. Goods
Conflicts
11, 12, 13, 15, 16 – conflicts and family law
10 & 14 – conflicts and civ pro
9 – conflicts and wills
Posted by Suzanne at 03:36 PM