Saturday, December 11, 2004

Taking Exams

I had my first exam on Friday in Consumer Law. It's a course that deals with a lot of deceptive trade practice laws, some contract issues like misrepresentations and warranties, and things like credit and debt statutes.

Anyhow, I did horribly on the exam. Law school exams are notorious for presenting students with long (often 5-10 page), convoluted fact scenarios. The facts suggest various issues that an informed student will "spot." This is the practice of issue spotting. A good fact scenario will have, oh, maybe 20-30 issues that can be discussed. Sometimes there are more and sometimes less depending on the subject matter and the way the professor writes exams.

This particular exam had six different legal actors who could be in court over the sell of real estate. The consumers (husband, wife, and child), the real estate agent who worked for the sellers, the sellers, and the roofing company. Some of the issues were cross-cutting issues that applied to multiple parties.

The exam presented this question that involved the consumers purchasing their first home. They called the agent when they saw the house. Scheduled a time to come and see it. When they got there the interior of the house and roof were being redone because of an alleged hail storm. Anyhow, they were rushed into the purchase by the agent, the sellers lied about the condition of the home, the roofers did a crappy job, and there were warranties, including an as-is warranty, out the wazzou.

The call of the question was to list all claims and remedies the home buyers have against the three other entities.

I should have just stopped when I saw it.


Comments:

Damn, that sounds WAY too complicated.
It's enough to give you quite a headache. The tests are always three hours too. Tomorrow I'll have one in professional responsibility (which is all about how to be a good, honest, and upstanding lawyer, ha!).