by El Capitan | July 19th, 2009
This weekend at JollyLawger HQ has been filled with finalizing grades on the Summer Enrichment Midterm. I must say some of the midterms were great. Some of them did a much better job than I would have done with the same prompt. On the other end of the spectrum, there were many common mistakes. So, for you 0Ls gearing up to head to law school next year, here are some tips:
#1 ATFQ. Answer the Flemish Question. To answer the question correctly, you must answer the correct question, n’est pas? So, if your prompt tells you that you’re a judge, be a judge. If your prompt tells you that you’re a defense attorney, don’t be a judge! If the prompt tells you to defend someone, don’t just pick one defense, use all possible defenses. If the prompt tells you to analyze one statement for libel, then why talk about slander? You can’t get points for answering the wrong question.
#2 Never Concede. If real defense attorneys conceded points as readily as exam takers do, the jails would be bursting at the seams with the innocent. If you concede a point, and you’re wrong, you just wasted all those points, and if you’re right you get 0 points because there were none there. If you don’t concede a point and you were wrong, you get 0 points because there were none there, and if you’re right you get those points. Pasqual’s Wager people.
#3 Remember that you’re playing a game where the goal is to rack up points, you’re not having a debate. In a debate, one unbeatable answer wins. In a point gathering game, one unbeatable answer gets points for that answer and leaves the rest on the table. Don’t stop.
#4 Finish the thought. If you’re a judge and you’re presented with a motion for X, then don’t just tell me that you rule in favor of plaintiff or defendant, tell me what happens next. If you conclude that a fact fits an element, don’t just tell me that it does, show me how.