Academic Support: SKILLS Workshop Series

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Assessment› Law School Study Cycle› VARK

Outlining/Study Tools› VARK› Methods of Organizing Ks

Pre-Write Outlining Call of the Question responses-a “how-to” guide Activity

Review/Reflection:

• Defenses to the K?• Parol Evidence Rule?• Damages?• 2-207?

Take 3 minutes to fill out assessment

Why do we stress self-assessment?› Identify your strengths and weaknesses› Know yourself

VARK› What is your learning style?

How many of you have started outlining?

How did you organize?

“Armadillos From Texas Play Rap Eating Tacos”Applicable law—UCC or CL?Formation—Offer, Acceptance, ConsiderationTermsPerformanceRemediesExcuse of NonperformanceThird Party Problems

“Armadillos From Missouri Play Parcheesi Teaching Rhinos”Applicable law—UCC or CL?Formation—Offer, Acceptance, ConsiderationModificationParol Evidence & ExceptionsPerformanceThird Party RightsRemedies

Applicable law Formation Terms (including 3rd party

beneficiaries) Performance Excuses Breach and remedies

“All Funky Turkeys Pass Easy Bars”

1. Is there a Contract?2. What are the Terms?3. Is it Enforceable?4. Was there a Breach?5. What Remedies are available?

• All of these methods contain the same material but it’s just organized differently

• Try to tailor it to your professor’s preferences

• The best approach to choose is one that will translate well on an exam.

11 Read the call of the questionRead the call of the question22 Read the fact patternRead the fact pattern33 Pre-Write Outline your answer Pre-Write Outline your answer

using your outline structure, using your outline structure, utilizing key factsutilizing key facts

44 Write exam in IRAC form focusing Write exam in IRAC form focusing on analysison analysis

Content of your Pre-Write Outline

Identify the Parties and Issues Use the order or approach you chose for

your outline Include legally significant facts & rules

Identify defenses/ counterarguments Review

Review the fact pattern to make sure you have used all key facts

Use your checklist to ensure you caught all issues

Start writing!

“Discuss” “What claims and defenses may Owner

and Ace reasonably assert and what is the likelihood of success on each?”

“What Remedies is ∏ entitled to?”

1. Is there a K?2. What are the terms?3. Is it enforceable?4. Was there a breach?5. What remedies?

“Discuss:”

Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies.

Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies?

“The parties entered into a valid contract…Discuss:”

Issues start here and go through applicable arguments, counter arguments and defenses for terms, enforceability, breach, and remedies.

“Valid contract” means there are NO formation issues. Mention that and move on.

Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies?

“What claims and defenses may Owner and Ace reasonably assert each other and what is the likelihood of success on each?”

Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies.

*Be sure to create a heading for Defenses so the grader knows you’re answering the call of the question specifically

Is there a K? What are the terms? Is it enforceable? Was there a breach? What remedies?

“What Remedies is ∏ entitled to?”

Start here and go through applicable arguments, counter arguments and defenses for formation, terms, enforceability, breach, and remedies…WHY? If the call is asking just for remedies?

*Be sure to create a heading for “Remedies” or “Conclusion” so the grader knows you’re answering the call of the question specifically

Discuss all contracts issues

1. Is there a K?a. CL vs. UCC

a. This was a service (hold the ball) therefore CL applies

b. Formation issues—i. Unilateral vs. Bilateral (are they exchanging promises or is one

promise in exchange for performance?)i. Could be both ANALYZE

ii. Offer i. “All you have to do is hold the ball…”

iii. Acceptance i. “I don’t know if this is a good idea”… vs. ii. holding the ball if unilateral K

iv. Consideration—bargained for exchange of benefit/detriment1. Lucy holding the ball=detriment & Charlie Brown kicking the

ball=benefit

c. Defenses to Formation1. Duress/Undue Influence—Charlie Brown doesn’t give Lucy

much choice

2. What are the Terms?a. “Hold the ball, I’ll come running, and kick

it”

3. Is it Enforceable?a. Performance

i. Conditions?1. Lucy would hold the ball so then Charlie Brown

would kick it….Any Excuses to performance?A. ”I was afraid your shoes might be dirty”

2. Satisfaction?—she did hold the ball for a period of time, but not so he could kick it

ii. Discharge of Duty1. Impracticability—it was her football and she was

afraid he would get it dirty

4. Was there a Breach?a. Major vs. Minor

i. The point of the K was for Charlie Brown to kick the ball, and he wasn’t able to, so he’ll argue it was major

ii. She’ll argue that she did hold the ball so she did perform in part so it’s minor—Charlie Brown can ask her to hold the ball again so he can kick it

b. Anticipatory Repudiation—had performance already begun?

5. Remediesa. Expectation—What’s the value of Charlie

Brown’s joy in kicking the ball?b. Consequential Damages—Foreseeable

that Charlie would fall? Value of his injuries?

c. Restitution—Was a benefit conferred to Lucy?

d. Specific Performance—can Charlie Brown force performance? Was this unique?

Self Assess—know where you are in the law school study cycle!

Create a Ks approach that works for you Use it as a jumping off point

Pre-Write Outline Know what your K exam is asking! Come to ASP for more

practice/guidance!

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