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| Civil Procedure Fall 1998 Mid-Term Exam |
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| Sunday, 03 December 2006 | |
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UNIVERSITY OF THE PACIFIC McGEORGE SCHOOL OF LAW CIVIL PROCEDURE- PROFESSOR F. GALVES FALL SEMESTER 1998 WEDNESDAY, MAY 6, 1996 MID-TERM EXAMINATION 6:15 P.M. -7:30 P.M. EXAM INSTRUCTIONS Please READ THE EXAM INSTRUCTIONS BELOW CAREFULLY. 1. Please Write your student exam number: (1) in the upper right-hand corner of this page, and (2) on your exam Blue Books. 2. Answer according to the applicable Federal Rules of Civil Procedure and, to the extent they may be applicable, Title 28 of the U.S. Statutory Code and the U.S. Constitution, and any applicable case law. 3. YOU MUST RETURN THIS EXAM--BOTH PART I AND PART II--WITH YOUR BLUE BOOKS, OR YOUR EXAM WILL NOT BE GRADED. 4. You may use your Rulebook, and you may write notes in it and tab it, but no other materials will be allowed (please note that you also will be allowed to use your Rulebook for the final exam). 5. The following schedule will be followed for this exam: Reading: 1:00 p.m. - 1:15 p.m. FIFTEEN MINUTE READING PERIOD. You will have 15 minutes to read Part I of the exam (One essay question with four (4) subparts) and Part II of the exam (10 short answer questions) and think about your answers. Use this time-period to organize your answers and decide how you will approach EACH of the subpart questions and the 10 short answer questions. You may NOT write in your Blue Books during this reading period, but you may write/outline on the two blank scratch pieces of paper distributed with the exam. PART I: 1:15 p.m. - 2:45 p.m. 90-MINUTE (1-1/2-HOUR ESSAY QUESTION) (70% of the grade): Four (4) subpart essay question. PART II: 2:45 p.m. - 3:30 p.m. 45-MINUTE (3/4 OF AN HOUR SHORT ANSWER SECTION) (30%of the grade): Ten (10) short answer questions. SPECIAL INSTRUCTIONS FOR PART I PART ONE OF TWO PARTS ( 1:15 P.M. - 2:45 P.M.) Part I of the exam consists of one (1) essay question with four (4) subparts. Although I have allotted one-and-a-half hours for QUESTION I, the four (4) subparts are NOT NECESSARILY equally weighted, so the actual time you should spend on each particular subpart is completely up to you (how you decide which subpart questions to spend more or less time on reveals your legal judgment). In any event, be sure to BUDGET YOUR TIME. DO NOT RELY ON THE PROCTORS TO KEEP YOUR TIME. To the extent you use case names, U.S. Constitutional provisions, Federal Statutes, and the Federal Rules of Civil Procedure, make sure you explain how they are applicable and why they might be controlling. Cover all reasonable arguments and state your reasoning as fully as possible within the time limit given. Note that implausible arguments or recognition of nonissues will NOT receive credit. Be sure to make necessary interrelationships between the rules, law, and facts. The questions generally will be weighted based on the time suggested; thus, Part I (one-and-a-half hour essay) is worth more than twice (70%) as much as Part II (45-minute short answer section) (30%). CLARITY OF EXPRESSION, CONCISENESS AND EFFICIENT ORGANIZATION OF YOUR EXAM ANSWERS CONTRIBUTE TOWARD A GOOD SCORE. THEIR OPPOSITES DETRACT. GOOD LUCK. PART TWO OF TWO PARTS (2:45 P.M. - 3:30 P.M.) SPECIAL INSTRUCTIONS FOR PART II 1. You have 45-minutes to complete this part of the exam. Use a SEPARATE BLUE BOOK for your answer to these questions. 2. There are 10 questions. You will have approximately an average of four-and-a-half minutes to answer each question. None of the answers requires much more than three long paragraphs of explanation. You may be able to answer some of the 10 questions in as little as 30 seconds, but others may take as much as 9 minutes. 3. These questions are designed to elicit fairly short answers which are direct and to the point -- YOU EITHER KNOW THE ANSWER or YOU DO NOT. 4. These are SUGGESTED times only. You must be careful to BUDGET YOUR OWN TIME. You will have to discern from the question how much explanation is necessary (remember, your good judgment as well as your legal knowledge and analytical skills are being tested). Exam in Classrooms "A" and "B" -END OF INSTRUCTIONS, PROCTOR WILL TELL YOU WHEN YOU MAY BEGIN READING THE EXAM, NEXT PAGE- |
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| Last Updated ( Sunday, 03 December 2006 ) |
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