HOUSING DISCRIMINATION SPRING 2009:
INFORMATION MEMO #2: PRE-EXAM INFO
TABLE OF CONTENTS
A. EXAM WEEK OFFICE HOURS
B. REVISED EXAM INSTRUCTIONS
C. EXAM-TAKING ADVICE
D. POSTED OLD EXAM QUESTIONS LISTED BY TOPIC
A. EXAM WEEK OFFICE HOURS
Wed Feb 25: 8:30-11:15 p.m.: Top Chef “Review Session”
(5801 SW 51 St., 33155)
Thu Feb 26: 10:15-11:45 am; 2:00-5:00 p.m.
Fri Feb 27: 9:00-11:30 a.m.
B. REVISED EXAM INSTRUCTIONS
Changes from the draft you saw last week are indicated in bold type.
1. The exam questions will be posted on the course page on Friday February 27 by 12:00 p.m. If you cannot access the course page for any reason, you may pick up a hard copy of the exam questions from the Dean of Students’ Office on Friday February 27 after 12:00 p.m.
2. When you have completed the exam, you should turn in your copy of the exam questions and your answers (in the format described below) to the Dean of Students’ Office. You must turn in these materials by 9:30 a.m. on Wednesday March 4. If you are ready prior to the deadline, you may turn in the materials during normal business hours beginning on Monday, March 2.
3. If an emergency makes it impossible for you to get the exam questions on Friday February 27 or makes it impossible for you to turn in your completed answers by the deadline, you should consult with the Dean of Students’ Office about how best to handle the situation. Do not discuss problems of this type with Professor Fajer.
4. Please read the entire exam carefully as soon as you have it. If you have a significant question about the meaning of any of the language of the exam, submit the question by e-mail by 5:00 p.m. on Friday February 27 to Dean Stearns at <>. Your question will be passed on to Professor Fajer without revealing your name. If the question is one that is appropriate to answer during the exam period, the response will be posted on the course page and sent by e-mail to the entire class by noon on Saturday February 28.
5. Once you have picked up the exam questions, you may not discuss the subject matter of the course (orally, electronically, in writing, in sign language or using smoke signals) with any other law student, attorney or professor until you have turned in your answers. However, you may consult any other written or online material that you think will be helpful
6. The exam consists of two questions, which will be weighted equally. You should answer both questions.
7. In your answers, you should treat the cases, statutes, and regulations included or referenced in the course materials or in the class meetings as the only available legal precedent.
8. Please read carefully. You will receive less credit if your answers disregard the instructions or some of the material presented in the questions.
9. Your grade will be determined both by the breadth and depth of your analysis and, in part, by how well you write (conciseness, clarity, and organization). If you are feeling pressed for space, you may wish to put the end of your answer in outline form. While you will receive some credit for issues you clearly identify in this manner, you will receive less credit than if you fully analyze the issues.
10. If you think you need to make assumptions in order to answer a question, please identify the assumptions you make. (E.g., “Assuming that he is able to stop coughing, ... .”)
11. Do not include your name or other information that might identify you (other than your anonymous grading number) anywhere in your answers.
12. The answers you submit must conform to the following formatting instructions or you will have points deducted from your score:
a. Submit your two answers as two separate documents, each held together with a staple. Do not attach a cover sheet to either document.
b. Each document should be no more than seven pages long. Include page numbers in each document. Begin each document at page one.
c. Use 1 inch margins on the top and bottom and 1.25 inch margins on the sides.
d. Use double-spaced 12-point Times New Roman font. You may use bold, italic or underlined versions of the same font for headings or for emphasis. Do not use smaller fonts or single-spacing even for quotes, footnotes, or information presented in bullet points.
e. Indent the first line of each new paragraph at least one-quarter inch.
f. Create a header for each document that includes your anonymous grading number and the phrase “Fajer Housing Discrimination Exam” followed by either “Question 1” or “Question 2” as appropriate. The header may be in any font that you like. E.g.,
090210 Fajer Housing Discrimination Exam Question 1
-OR-
041168 Fajer Housing Discrimination Exam Question 2
C. POSTED OLD EXAM QUESTIONS LISTED BY TOPIC
Old Exam Questions Referenced Below by Letter/Number All Posted on Course Page
(1) Unit One
(a) Proof of Discrimination: Government Defendants: 3I; 3S
(b) Proof of Discrimination: Private Defendants: 3B; 3D; 3F; 3H; 3J; 3K; 3N; 3P; 3Q
(2) Unit Two
(a) Advertising: 1B; 1C; 1J; 3B; 3H; 3J; 3N; 3P
(b) §3617: 3D; 3F; 3I; 3O
(3) Unit Three
(a) Meaning of Race in §1982; 3F; 3K; 3Q
(b) Integration Maintenance: 1A; 1B; 1E; 1K
(c) Sex Discrimination: 1K; 3P
(4) Discussion Problems/Questions: The problems/questions listed below were based on the question indicated; see the comments/best answers for that question to get a sense of the range of possible discussion for the issues we covered.
Discussion Problem A: 3S Discussion Problem D: 1K
Discussion Problem C: 3P Discussion Problem E: 3Q
Discussion Question 71(c): 1E Discussion Problem F: 3I
C. EXAM-TAKING ADVICE
(1) General Advice Applicable to Both Questions
(a) General Task: The purpose of the test is NOT for you to show me that you “know” the authorities and arguments we studied, but instead to show me that you know how to use them to address legal problems.
o Don’t Simply Recite Legal Tests and History; Apply Them
o Begin with Brief Statements of Relevant Rules
o Include Concise References to Relevant Authority
o Show all Work
o Provide explanations for key conclusions
o Concisely lay out your reasoning (“because …”)
o Indicate which facts in the problem support your conclusions
o Explain the significance of your key points (“therefore …”)
o Focus on the Most Highly Contested Issues (What Lawyers Will Argue About)
o Skip or minimize discussion of any issues that won’t be contested
o Not every issue on the syllabus will be on the test.
o Not every issue relevant to the cause of action will be contested.
o You can include at the end of either question a list or outline of some less important issues you’d have covered if you had more space.
o Try to Make Range of Arguments on Each Side of Contested Issues
o Statutory Language & Structure
o Caselaw
o Policy
o Try to Address the Weaknesses in Each Position
o Briefly Discuss Which Set of Arguments Is Strongest
o Read Carefully:
o Address the Problem I Gave You
o Treat the stated “facts” as true
o Recognize the weaknesses in positions you take
o Look at Old Best Answers for a Sense of What I Like to See
(b) Think of Your Work as a Draft, Not a Final Product
o Don’t worry about writing style
o No need for pretty turns of phrase
o No need for formal introductions & conclusions
o No need for elaborate/formal transitions etc.
o Get maximum number of ideas on paper clearly and concisely
o Break up analysis into relatively short paragraphs to help me see the structure of your argument.
o Use headings and subheadings instead of topic sentences
o Use abbreviations if you are comfortable doing so (see below)
o You can use lists and bullet points so long as the meaning is clear
o You can use telegraph English so long as the meaning is clear
(c) Using Time Efficiently
o Remember the two questions are weighted equally.
o Write out your answers as thoroughly as possible, then edit to the page limit
o Leave yourself time to proofread
o Ideally, let your answers sit untouched for 24 hours
o Make sure your points are clearly explained and supported
o Make sure you are arguing both sides
o Reread the questions before finalizing work-product
(d) Using Space Efficiently
i) Abbreviations
o Names can always be reduced to a single letter without explaining (Albert = A; Beatrice = B; Cane City = CC)
o You may use the following abbreviations without explaining:
o FHA = Fair Housing Act
o T7 = Title VII
o McD-Dgs = McDonnell-Douglas
o PF = prima facie
o ev = evidence
o disc = discrimination
o SCt = Supreme Court; ct = court
o You may use any other abbreviations if you indicate what they mean the first time you use them: e.g.,
o “interference (= intf)”
o “segregation (= seg)”
ii) Citations
o Cases: Use one word citations, preferably underlined or italicized (e.g., Asbury; Babin; Gourlay; Starrett)
o Statutes and Regulations: Unless you are worried about ambiguity, the section number (without a section sign) is sufficient. (e.g., 1982; 3604(a); 3617; 100.75(c))
iii) Language of Statutes and Regulations: There should be no need to quote statutory language at length. You can just refer to “the language of 3617” unless there’s a particular phrase you want to highlight (e.g., “this conduct would fall under the phrase, ‘otherwise make unavailable’ in 3604(a).”)
iv) Hyphenate: You may hyphenate the document to get a few extra words in.
(2) Question I: Opinion/Dissent
(a) Primary Instruction: “Compose drafts of the analysis sections of an opinion and of a shorter dissent for the US Supreme Court deciding this question [these questions] in the context of the facts of this case.”
(i) Draft: No need to write more formally just because it is an “opinion”
o Don’t need fancy language, transitions etc.
o Can include headings, bullet points, abbreviations, etc.
o Give me concise versions of arguments, not elaborate rhetoric (don’t get carried away with role)
(ii) Analysis Sections:
o No need for intro, statement of facts, procedural history, conclusion
o Do make clear in majority which side would win
(iii) Opinion & Dissent
o Point is to show arguments on both sides of issue
- statutory language and interpretation; caselaw; housing policy
- judicial policy: judicial efficiency, stare decisis, etc.
- BUT: use the tools to further your positions; don’t just display them.
o Format/method flexible as long as showing 2 sides
- can write two roughly equal opinions, each laying out one position
- can do most of your work in a long on-the-one-hand-on-the-other majority, with a short dissent following
- can address arguments by attributing them to the parties or to the other opinion: “Plaintiffs argued X; the majority apparently disagrees when it says Y; we think plaintiffs approach is better because …”
o Try to have both majority and dissent deal with the other side’s best arguments
(iv) For the U.S. Supreme Court
o You are not bound by lower court cases
§ you can choose to apply them or reject them
§ defend your choice either way
§ Don’t be afraid to take a stand
· You can overrule Starrett City v. distinguish Starrett City
· You can adopt positions different from any case we read
o Awareness that deciding law for whole US not just case in front of you
§ Need to defend positions taken even if status quo
o Can consider incentives on housing providers; effects on the courts, etc.
o You should think about the appropriate role for the SCt re fed’l statutes
(v) Deciding This Question/These Questions
- Fairly Precise Q or Qs: Read Carefully
- Stay within boundaries defined by Q:
- Pay attention to the call of the question
-- Note the precise issue(s) the Supreme Court agreed to hear
-- Note the procedural posture of case
-- Follow any limiting instructions
- 2008 Opinion/Dissent Question was basis for Discussion Problem D:
--Q asked if her conduct violated the FHA
-- Many students discussed a First Amendment defense, eve n though the question said, “Assume Liz did not claim that application of the FHA to her situation would violate the U.S. Constitution.”
- If asked to select a rule or legal standard for a particular situation:
--majority and dissent should each pick a different rule
-- Both sides should defend their rule and explain why the other side’s version and other plausible alternatives would be worse.
-- Note: I don’t care what rule you pick or who wins, so long as you support your positions well.
- In the question, the lower courts will provide you with some relevant arguments.
-- intended as guide to some of available arguments (but not all)
-- at least have side that rejects one of these arguments say why
- Don’t Finesse Q away: If you find a clever reason not to answer my question, note it briefly, then answer my question anyway
- If there are two questions (e.g., sample opinion/dissent questions 1C & 1J)
- Treat as roughly equal unless I tell you otherwise
- Find a way to have arguments on 2 sides of each
- Can have 2 separate dissents or a concurring and dissenting opinion if that makes it easier to get two sides on each issue will help
(vi) In the Context of the Facts of This Case
- Although your primary task will be to resolve the legal issue(s), I have specific reasons for choosing the facts that I do
/ -- Again read carefully:
-- Treat facts as given: don’t argue with what you are told
-- Think about why they are there. E.g., Discussion Question D:
o Trying to give you a case where there was no systematic bias in favor of one sex
o Trying to give you a case where there was no stereotyping or stigmatizing going on
- In defending your legal result, can use particular facts you’re given as example where your result is good or as a counterexample
-- “The case before us demonstrates why …”
-- “Although the result here is unfortunate, we think this case is not typical because …”
(b) Look at Old Comments and Models
o Look at the form and depth of argument in the best answers
o Read my comments for examples of recurring problems
(3) Question II: Issue-Spotter
(a) Tasks: What I Look For
(i) Identification of the Most Important Issues
o Again, this means those most likely to be contested by the lawyers