Week Ten, Part 6 - Contracts & CivPro: A Speed-Typin’ Genius

The results of my last two mock mid-terms, Contracts and Civil Procedure are on polar ends of the spectrum.

In Contracts, Professor Kaveny gives me a “check-plus.” It looks to be the equivalent of an A- or high B. From my perch in the back row, it seems most of the class got something less, checks or the dreaded check-minus. I’m happy with the mark, but know the answer was all cut-and-paste from my notes.

Kaveny says, “You need to be concerned with the fine art of taking law school exams. What do you need to stick in this bluebook to make us happy? First, know the theory. Second, be able to manipulate facts. Tie everything you say into a fact. Third, aim for a total integration of fact and law. Fourth, argue the other side.”

In CivPro, we start a new section of the syllabus. Federal subject matter jurisdiction.

Professor Bauer introduces the subject. “We’ve spent eight weeks on personal jurisdiction. It determines in which state can an action be brought. Let’s assume, ‘Wyoming.’ Now we need to decide in which Wyoming court can the action be brought. Federal court. State court. Or both. The answer will be the same whether we’re in Wyoming or New York because the scope of federal subject matter jurisdiction is the same for every state.”

Bauer stops, waiting for us to catch up. “Within every system there may be a series of courts. Small claims court. Federal tax court. Military court. Don’t worry, we’re not going to talk about those. Our focus is limited to what actions can be brought in federal court. Second, what actions must be brought in federal court.”

We move into case law, Louisville & Nashville Railroad v Mottley, and learn our “smj mantra.” It’s never consented to, it’s never waived, it can be raised the first time on appeal, it can be raised by the court on its own.

As for my CivPro mid-term, I get the expected bad news from Professor Bauer: a zero. On the night of the exam, I’d run out of time and not attempted an answer.

Instead of reviewing the mid-term in class, however, Bauer simply gives everyone a two-paged, single-spaced, “sample answer.” He jokes, “This is not what I expected anyone to have done in 45 minutes, unless you're a speed typist in addition to being a genius.”

We laugh.

All told, I figure I earned an F, D-, B+, and A- on the mock mid-terms. Even though the scores aren’t recorded, they scare me. And I promise myself that by the end of the semester, I’ll have learned the fine art of law school exams.

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