The Q&A session will be at 7 p.m. on Monday, November 30 (tomorrow evening). Use the regular Zoom link.
If you have questions outside of the session, you can email me or post them to the blog. If you would like a Zoom meeting, email me and we can set something up.
The exam will consist of thirteen (13) short-answer questions, worth ten (10) points each, for a total of 130 points towards your final grade. You can write up to 250 words on each question.
You will access the exam beginning at 9 a.m. on Wednesday, on the blog; the exam is due by 9 a.m. on Friday, at the Constitutional Law-C TWEN page.
The full exam instructions are after the break. These will be attached to the exam itself.
Please submit your exam as a Word document rather than as a PDF.
Final Examination
Format:
This Final Examination will be administered over 48 hours, from 9 a.m. Wednesday, December 2 to 9 a.m. Friday, December 4. You can download the exam from the blog (fiuconlaw.blogspot.com) at 9 a.m. Wednesday; it must be returned by uploading to the Constitutional Law-C TWEN page by 9 a.m. Friday.
The exam consists of thirteen (13) Short-Answer Questions, worth ten (10) points each. The exam will be worth 130 points towards your final grade.
You have 48 hours to work on the exam. You may use as much or as little of that period as you wish, in whatever combination of periods you wish. You will not, and cannot possibly, work on it for the 48-hour period, and there is no need to try.
Please write your answer in Word, if you have it. The first page of your answer should be a cover page containing your Blind ID #; begin your answers on the second page. Please title your document with just your Blind ID # and the name of the class (e.g., “4000 Con Law.docx” or whatever).
A Note on the Hypotheticals:
The questions derive from five situations, as marked. For each, the introductory paragraphs present the basic factual, background, and procedural situation; those facts apply to every question. Subsequent questions add additional facts or issues relevant to the issue in that question and in subsequent questions. Once some fact or piece of information is introduced, it can be used for all subsequent questions—that is, later questions may require that you refer back to earlier information.
Questions are in bold. All facts and information necessary to answer a question have appeared before that question. Any new information appearing after a question is for the next question and any subsequent questions.
All necessary facts are provided; if some fact is not provided, that means it is not necessary to the analysis. You may draw appropriate conclusions and inferences from the absence of a fact. Do not assume facts and do not fight the facts you are given. Applicable substantive law also has been provided and should be used for your analysis where appropriate.
Read the questions carefully. Answer only the question asked. The questions and issues to be drawn out of each question are straightforward. Do not look for tricks or hidden balls. Most questions are discrete, narrow, and precise, asking you to resolve a specific question or issue. The questions likely do not require you to scroll through multiple issues or possible rules. Any rule or issue you introduce or mention should be analyzed and applied to the facts in detail. Do not mention a rule in passing as a conclusion.
Approaching Short-Answer Questions
You may write up to 250 words on each question. That is an intentionally wide figure to give you maximum room to write, although you probably will not (and should not need to) write that much on many questions. Do not feel that you must write to the limit on every question; if you can give a complete answer in fewer words, do so. Save your words. Avoid throat clearing. (“The issue is” “As the Court, I would find . . .” “The defendant will argue . . .”). Jump right into your answer. When asked to be a party or the court, do not begin with “the party is likely to argue” or “the court is likely to find.” You are the party or the court, so just argue or find. If asked to reach a conclusion, do so. Do not italicize or bold or underline words you want the reader to see; the reader can figure it out.
Answer each question in a separate paragraph, clearly identifying the question being answered at the start (write the question number in bold above the paragraph--e.g., Question 1). In a parenthetical at the end of each answer, you must state the number of words in that answer. For those taking the exam by computer, you can do this by highlighting the paragraph and doing “word count” for the highlighted portion. For those handwriting the exam, you need to count the words. Each answer that does not include a word count will lose one point.
Each answer should be concise, brief, and direct. A good answer will identify and briefly state the applicable legal rule (or relevant portion of the applicable rule) and apply it to the facts at hand to produce a conclusion with a short explanation. Begin with the relevant texts and cases interpreting and elaborating on the text. Do not simply recite legal conclusions or conclusions in the case; explain it, applying the facts you have. Do not recite a legal principle without providing its source, but do not simply cite a rule by number without explaining its content. State the rule, explain it, and apply it to the facts that you are given. Answer only the question asked. It is enough to cite a case by the common single name of case (e.g., Marbury).
You cannot write a full and complete CREAC in this short space, so do not try. You can provide a very brief conclusion at the beginning or end. But use the bulk of space on the Rule, Explanation, and Application/Analysis, in which you are more than conclusory and you get into facts and details.
Materials:
You may use any and all assigned materials from the class, including the Constitution and both books, as well as anything posted to the Blog. You may use any original notes, outlines, or other study document that you were at least 25% responsible for creating (i.e., a communal outline created by a study group). You may not bring to the exam or use commercial outlines, supplements, or other materials and books that were not assigned as part of the class.
Academic Policies and Rules
This examination is administered and conducted in accordance with all the provisions of the Florida International University College of Law Academic Policies, reprinted in the College of Law Student Handbook. Students are expected to be familiar with and to conduct themselves in accordance with those policies and regulations.
Good luck.
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