Practice Exams



I include two types of questions on my exams: essay and short answer. In grading essay questions, I give one point for each

  1. issue or sub-issue named,
  2. law you correctly state (you may do so by reference, if such exists, to a statute or to a Restatement section if the Restatement section has been adopted as law by a court),
  3. fact you explicitly employ in your analysis of whether the law applies and how, and
  4. policy argument you make which is reasonably necessary to reaching a conclusion.

Generally, essay exams are best organized using the IRAC formula: Issue, Rule, Analysis, and Conclusion, one IRAC for each issue. (This formula will explicitly point out to me what I should give you points for.) The only caveat is that you should give each sub-element of a rule its own IRAC set of paragraphs. For instance, when discussing consideration, you should have an IRAC for the whole issue, but you should in your analysis section of the consideration IRAC also have IRACs for "bargain" and "detriment to the promisee," as well as for every other element of the rule. These will be sub-IRACs within your more general consideration IRAC.

As you might suspect, usually the most points may be gained on essay exams by a careful and complete discussion of the facts in light of relevant law. There are more facts in most essay questions than there are issues or relevant laws or policies.

After you practice writing answers to the essay questions here, look at the sample answers and see if you can spot items 1-4 above. See whether the sample answers rack up more points (and more quickly) than your answer. When you can see why the sample answer does better, you can change the way you write your answers in order to get more points. If you would like me to look at your answers, I'd be happy to do so. Just bring your answer to my office at a time when I can look it over.

Struck Pyrite Essay Question
Struck Pyrite Sample Answer
Dora's Dilemma Essay Question
Dora's Dilemma Sample Answer

I also give short answer questions. These questions are designed to have clearly right and wrong answers. They get at the kind of thinking you would do on a multiple choice exam, but on my exam you will receive credit for answering a short answer question only if you (1) give the correct answer and (2) provide some brief justification for your answer. At least one law we have studied matches each short answer question and resolves it. For most questions, justifying your answer means quoting or referring clearly to the law we have studied that produces the correct answer. Occasionally you may have to explain briefly the law's application.

All short answer questions can be answered in one or two sentences. If you take time to write more than this on an exam, you will probably get behind. Try answering the short answer questions in the sample included here-after we have studied Chapter 3.A in the book, on Illusory Promises/Mutuality of Obligation.

Sample Short Answer Questions
Sample Short Answers