ON LAW SCHOOL EXAMS
FOR MULTI-STATE USE.
The Advanced Law Student Learning Series
Summary: What follows are excerpts from the book of the title listed above. The full text may be purchased for $.99 by following the PayPal link below:
SECTION 2: WHAT THIS CASE HAS TO DO WITH YOUR EXAM
Black Letter Law From Case.
What does this case have to do with the law school exam? Below is the content that is applicable to the law school exam. Below is the issue and an element of the rule that is found in this case.
A manifestation of an intent to enter into a contract must be present.
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SECTION 4: CATEGORIZE UNDER THE MAIN HEADINGS
The holding in Hawkins is translated here in the form of an element. Keep in mind that this is just one of three important elements.
1. Applicable Law (Common Law or UCC)
2. Contract Formation Stage
– Manifest an intent to enter into a contract.
3. Defenses to Formation
. . . .
SECTION 5: KEY NOTES FROM THIS CASE
Key Notes Section.
There are two important questions here. Question 1 will be discussed more than Question 2. This follows the format of the Farnsworth 8th Edition textbook. Here are the two questions. After the questions are present, the discussion will follow.
Important Question 1.
When does a statement become a promise sufficient to satisfy a manifestation of intent?
Restatement and Codification.
This case contributed to the codification found in the Contracts Restatement Section 2. The text now follows.
A promise is a manifestation of intention to act or refrain from acting in a specified way, so made to justify a promisee in understanding that a commitment has been made.
Holding For Law School Discussion Re: Intent.
Below is the holding of the court for this particular case. Notice the use of the word intent:
“If the jury accepted this part of plaintiff’s contention, there would be a reasonable basis for the further conclusion that, if defendant spoke the words attributed to him, he did so with the intention that they should be accepted at their face value, as an inducement for the granting of consent to the operation by the plaintiff and his father, and there was ample evidence that they were so accepted by them.”
In sum, the take away keyword is intent. Let’s see where this keyword fits in the larger scheme of things. Let’s now get the rule for exam purpose.
Analysis in IRAC
For the analysis in this case, see the next section titled Holding For Exam Purposes & The Take Away. Keep in mind that the analysis is the most important part on most exams. Moreover, writing an analysis is a skill. This skill does require you to know the substantive law. Thus, the material found here is directly connected to your need of improving your analytical skills.
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SECTION 6: HOLDING FOR EXAM PURPOSES & THE TAKE AWAY
For the holding, summarize it one sentence for each issue. At the very most, use two sentences. Try to summarize it on your own before continuing. Moreover, note that the court used the reasoning found below in deriving its analysis. Also, this statement is truly the take away from this case since the issue, the rule, the analysis, and the conclusion are summarized in one sentence.
Holding for Exam Purposes:
Holding: An intent to form a contract was found when these factors were met: the defendant repeatedly solicited from plaintiff the opportunity to perform, and where the defendant sought an opportunity to perform relevant experiments upon the defendant.
Get used to summarizing the case into a statement that makes up the holding. This skill will take time but putting this holding statement together is a necessary skill for excelling on exams. Also, this skill will pay off handsomely when you approach the Multistate Performance Test (MPT) on the bar.
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SECTION 7: TRANSLATION INTO EXAM LANGUAGE
Translate the content of this case into exam language. Try to do this on your own before reading further. The translation is written below in italics.
– Requires a manifestation of an intent to enter into a contract.
Recall that there exist other elements to the issue of offer.
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