Preparing for Multiple Choice Law

Exams

November 20, 2006

Agenda

Structure of a multiple choice question Recognizing distracters Tips on approaching questions Developing a game plan Getting the right answer Conjunctions Application

Structure of a Multiple Choice Question

based on ‘the finz Multistate Method’*

Part that sets up what to answer or complete.

Options The possible choices that answer or complete the

stem-- One option fits best.

Facts or story of the question

* Published by Aspen Publishers

Problem

Call of theQuestion

The Problem

Congress passes a law providing that no one who has been a member of an organization which uses unlawful means to deprive any group of persons of their rights under the US

Constitution is eligible for employment by the federal government.

Facts or story of the question

The call of the question

If the constitutionality of that law is challenged, it should be held...

"Call of Question" or part that sets up what to answer or complete.

Options

Options The possible choices that answer or complete the call of the question.

One option fits best.

A. unconstitutional because it is an ex post facto law

B. unconstitutional because it prohibits members of certain organizations from holding public office whether or not they knew the purpose of the organizations.

C. constitutional because employment by the federal government is not a right but a privilege.

D. Constitutional because the federal government has the right to protect itself by not employing persons who hold views in consistent with the US constitution.

DISTRACT0RS & FOILS

1

INCOMPLETE DEFINITIONS AND ARGUMENTS

MURDER: UNJUSTIFIED KILLING VS. UNJUSTIFIED KILLING OF ANOTHER HUMAN BEING WITH MALICE AFORETHOUGHT

2

DEALING WITH THE FACTS

JOHN SHOT MARY. MARY DIED AN HOUR LATER.

3

COMMON ERRORS

WITH WHAT MIGHT STUDENT CONFUSE THIS?

MORE DISTRACT0RS & FOILS

4

OVERLOOKING THE OBVIOUS

A GIFT! DO NOT SECOND GUESS YOURSELF!

5

PLAUSIBLE CREATIONS

GO FOR PHRASING YOU KNOW.

6UNFAMILIAR PHRASES

PUTTING PHRASE IN UNFAMILIAR -- COMMON LANGUAGE THAT MEANS THE SAME--

HAVING FACT EXAMPLES HELP HERE!

Playing the Right Role

JUDGE

TYPICAL STEM: IF MARY SUES TED FOR TRESPASS, THE COURT SHOULD FIND IN FAVOR OF...

1. ACCURATE STATEMENTS ABOUT THE FACTS AND LAW2. FACTS AND LAW CONSISTENT WITH CONCLUSION 3. USE LEGAL TESTS TO DISCERN RIGHT ANSWER

TYPICAL STEM: WHICH OF THE FOLLOWING IS THE MOST EFFECTIVE ARGUMENT IN FAVOR OF MS. SMITH'S POSITION?1. IS THE LAW ACCURATELY STATED?2. ARE INFERENCES JUSTIFIED BY FACTS GIVEN?3. DOES OPTION PRESENT A POSSIBLE RESULT THAT COULD BE A VICTORY FOR ASSIGNED CLIENT?

ADVOCATE

SCHOLAR

TYPICAL STEM: THE INTEREST IN BLACKACRE WHICH ALEX HAD ON THE DAY AFTER PAT'S DEATH IS BEST DESCRIBED AS A ... 1. USE KNOWLEDGE OF LAW TO RECOGNIZE THE LEGAL SIGNIFICANCE OF A PARTICULAR FACT OR TO SELECT THE MOST APPLICABLE RULE2. NOT IMPORTANT WHO WINS OR LOSES

Basic Game Plan

READ Call of Question

4

Read stem more carefully.

Deal with the call and one option at a time.

Examine options carefully and refer back to facts to Clarify as needed.

Read call and option, then mark option with "T" if true and "F" if false for each option.

Read problem

(facts)

Read

options

Selecting the Correct Option

SIMPLE OPTION:THESE STATE ONLY POSSIBLE CONCLUSIONS. THE FORM IS SIMPLE, THOUGH THE CONTENT MAY BE DIFFICULT. REMEMBER THE ESSENTIAL ELEMENTS OF WHATEVER RULE OF LAW IS APPLICABLE AND CHECK THE ROOT TO SEE WHETHER EACH ELEMENT IS SATISFIED BY THE FACTS.

COMPLEX OPTIONS: MOST OF THE TIME, AN OPTION

WILL CONSIST OF TWO PARTS: A CONCLUSION AND A REASON OR CONDITION GIVING RISE TO THE CONCLUSION. THE STRATEGY DEPENDS UPON THE

CONJUNCTION WHICH JOINS ITS PARTS.

Critical Conjunctions"BECAUSE" OR "SINCE" couples a conclusion with a reason for the

conclusion. An option of this kind actually makes two statements.Is reason given based on an accurate statement?

Paulsen was eating in a restaurant when he began to choke on a piece of food that had lodged in his throat. Dow, a physician who was dining at a nearby table, did not wish to become involved and did not render any assistance, although prompt medical attention would have been effective in removing the obstruction from Paulsen’s throat. Because of the failure to obtain prompt medical attention, Paulsen suffered severe brain injury from lack of oxygen.

If Paulsen asserts a claim against Dow for his injuries, the court should find for

A. Dow, because Dow did not cause the piece of food to lodge in Paulsen’s throat.B. Paulsen, if a reasonably prudent person with Dow’s experience, training, and knowledge

would have assisted Paulsen.C. Paulsen, but only if the jurisdiction has a statute which relieves physicians of

malpractice liability for emergency first aid.D. Dow, unless Dow knew that the Paulsen was substantially certain to sustain serious

injury.

A. Dow, because Dow did not cause the piece of food to lodge in Paulsen’s throat.

Critical Conjunctions

"IF" couples a conclusion with a condition requiring that conclusion. We do not need to determine whether the "if" is an accurate statement.

Paulsen was eating in a restaurant when he began to choke on a piece of food that had lodged in his throat. Dow, a physician who was dining at a nearby table, did not wish to become involved and did not render any assistance, although prompt medical attention would have been effective in removing the obstruction from Paulsen’s throat. Because of the failure to obtain prompt medical attention, Paulsen suffered severe brain injury from lack of oxygen.

If Paulsen asserts a claim against Dow for his injuries, the court should find for

A. Dow, because Dow did not cause the piece of food to lodge in Paulsen’s throat.B. Paulsen, if a reasonably prudent person with Dow’s experience, training, and

knowledge would have assisted Paulsen.C. Paulsen, but only if the jurisdiction has a statute which relieves physicians of

malpractice liability for emergency first aid.D. Dow, unless Dow knew that the Paulsen was substantially certain to sustain

serious injury.

B. Paulsen, if a reasonably prudent person with Dow’s experience, training, and knowledge would have assisted Paulsen.

Critical Conjunctions

"ONLY IF" couples a conclusion with an exclusive condition. We must ask whether this is the only situation or condition that would

justify the statement.

Paulsen was eating in a restaurant when he began to choke on a piece of food that had lodged in his throat. Dow, a physician who was dining at a nearby table, did not wish to become involved and did not render any assistance, although prompt medical attention would have been effective in removing the obstruction from Paulsen’s throat. Because of the failure to obtain prompt medical attention, Paulsen suffered severe brain injury from lack of oxygen.

If Paulsen asserts a claim against Dow for his injuries, the court should find for

A. Dow, because Dow did not cause the piece of food to lodge in Paulsen’s throat.B. Paulsen, if a reasonably prudent person with Dow’s experience, training, and

knowledge would have assisted Paulsen.C. Paulsen, but only if the jurisdiction has a statute which relieves physicians of

malpractice liability for emergency first aid.D. Dow, unless Dow knew that the Paulsen was substantially certain to sustain

serious injury.

C. Paulsen, but only if the jurisdiction has a statute which relieves physicians of malpractice liability for emergency first aid.

Critical Conjunctions

"UNLESS" couples a conclusion with a still different kind of condition -- a negative exclusive condition.

We must accept the "unless"-condition as stated and decide whether it is the only condition in the world which would make the conclusion

false.

Paulsen was eating in a restaurant when he began to choke on a piece of food that had lodged in his throat. Dow, a physician who was dining at a nearby table, did not wish to become involved and did not render any assistance, although prompt medical attention would have been effective in removing the obstruction from Paulsen’s throat. Because of the failure to obtain prompt medical attention, Paulsen suffered severe brain injury from lack of oxygen.

If Paulsen asserts a claim against Dow for his injuries, the court should find for

A. Dow, because Dow did not cause the piece of food to lodge in Paulsen’s throat.B. Paulsen, if a reasonably prudent person with Dow’s experience, training, and

knowledge would have assisted Paulsen.C. Paulsen, but only if the jurisdiction has a statute which relieves physicians of

malpractice liability for emergency first aid.D. Dow, unless Dow knew that the Paulsen was substantially certain to sustain

serious injury.D. Dow, unless Dow knew that the Paulsen was substantially certain to

sustain serious injury.

Common Errors

Making Assumptions• Read slowly so as not to fall prey to this mistake by

making assumptions about the fact pattern• Read slowly to ensure you are answering the question that

is being asked• Don’t disregard an answer simply because it is too simple• Avoid filling in the blanks to achieve your answer as

opposed to the actual answer to the question. Getting distracted by a option that tracks a

case• Some options may be correct statements but not the best

answer. Be sure to check that the option is the best answer for the question being asked.

Common Errors

Disagreeing with the question being asked• When you find yourself thinking a question is impractical,

don’t disregard it. Focus on answering the question asked not what you think should have been asked.

Answering as a Lay Person• Look for the appropriate legal test not what you believe is

the “just” or “right” result that does not track the legal rule.

Not Reading all the options• We are conditioned to work quickly but avoid skipping

options once you’ve seen what you think is the correct answer. Be sure to read all options carefully.

In Preparing for Exams:

•Try to vary study methods.•Make your studying active by doing problems and/or multiple choice questions.• Be sure to do something for fun every day.•Come back refreshed. Remember, exams are a marathon, not a sprint!

Take care of yourself! Ps. After an exam – GO SEE A MOVIE!