From: Rick Glofcheski <rick.glofcheski@hku.hk>
To: Rwright@kentlaw.edu
CC: obligations@uwo.ca
Date: 06/11/2010 02:21:03 UTC
Subject: RE: Tort Law Final Examination Questionnaire

Terminology may be different in different jurisdictions/law schools.
A search of the websites of some US law schools shows references to
other classifications: short answer, short essay, even multiple
choice, and in one example, the term essay was used to describe what
in our usage is a hypothetical problem-style question.

By hypothetical problem-style question we mean a question based on a
sequence of events/mishaps resulting in injury/damage, usually to an
imaginary client, and the student is asked to provide legal analysis
or advice. By essay style question we mean a question that invites a
more open-ended discussion, often of a famous quote from an important
case or judge, or of a controversial proposition(s) of law, or of one
of tort law's functions, or of an underlying tort policy, or of the
need for reform of a particular area of the law etc. For present
purposes, an example may help. This link to a Washington College of
Law torts examination provides an example of problem-style and
essay-style. Part II of the examination is in our usage a
hypothetical problem style question, and Part III is an essay
question.
http://www.wcl.american.edu/exams/exam_display.cfm?exam_id=319&course_id=9

At 09:35 PM 11/5/2010, you wrote:
>I don't understand the distinction between "hypothetical problem-style
>as opposed to essay-style". I assume I am not the only one who could
>use some explanation of the assumed difference.
>
>Richard W. Wright
>Distinguished Professor of Law
>Illinois Institute of Technology
>Chicago-Kent College of Law
>565 West Adams Street
>Chicago, IL 60661, U.S.A.
>phone: 312-906-5044
>fax: 312-906-5280
>http://www.kentlaw.edu/faculty/rwright/
>
>-----Original Message-----
>From: Rick Glofcheski [mailto:rick.glofcheski@hku.hk]
>Sent: Friday, November 05, 2010 8:16 AM
>To: obligations@uwo.ca
>Cc: sheklai@hku.hk
>Subject: Tort Law Final Examination Questionnaire
>
>Dear Teachers of Tort Law,
>
>The following email request is sent with the permission of ODG
>convener Jason Neyers.
>
>As part of a teaching and learning research project ("How Law
>Students Learn") conducted with two of my colleagues at the Faculty
>of Law, University of Hong Kong, we want to gather some data
>regarding the nature and form of tort law final examination questions
>generally used by tort law teachers around the world, in particular,
>problem-style questions. With Jason's permission we now invite all
>tort teachers, whether or not members of ODG, to complete the
>questionnaire (below) and return it to us by November 12. Those who
>reply will receive the collated results of the survey a few weeks later.
>
>Given the innocuous subject matter of the questionnaire, anonymity
>may not be important to everyone. We nonetheless ask that when
>replying you reply to the Faculty of Law IT support staff, Mr Shek
>Lai, whose email address is in the cc box above. Replies will be
>received and handled in confidence by Mr Lai. Mr Lai will collate the
>results, which I will in due course send to respondents. If you
>inadvertently reply to me or to "all", not to worry, I will ensure
>your reply reaches Mr Lai.
>
>We are grateful to Jason for permitting us to use the ODG list in
>this way, and we are of course be grateful to all of you for taking
>the time to complete the questionnaire.
>
>Best wishes.
>
>Rick Glofcheski
>Faculty of Law
>University of Hong Kong
>
>
>
>
>To Tort Law Teachers who examine in whole or in part by final
>examination:
>
>
>1. What is the percentage weight attached to the final tort law
>examination in relation to the total course assessment? (eg 100% of
>total course assessment, 50% etc) ______%
>
>2. What is the usual duration of your final examination? (eg 2.5
>hours) _____hours
>
>3. How many questions is a student required to answer in your typical
>final examination? _____
>
>4. Do students have a choice of questions on your typical final
>examination? Y/N _____
>
>5. If there is choice of questions, what is the total number of
>questions typically on your examination? _____
>
>6. What percentage of the questions is hypothetical problem-style as
>opposed to essay-style (eg 100% of the questions, 50% etc)? _______%
>
>7. Are the problem-style questions fictional, in the sense of being
>the product of your own invention/imagination? Y/N _____
>
>8. Would you describe your typical problem-style question as
>consisting of a carefully designed fact pattern that manages to
>address a range of issues you wish to assess within that question? Y/N
>_____
>
>9. Would you describe your typical problem-style question as
>consisting of a fact pattern of events which, while individually
>possible, occur in a sequence which is exaggerated and thus unlikely
>actually to happen? Y/N _____
>
>10. Would you describe your typical problem-style question as
>consisting of a fact pattern that is entirely possible, in the sense
>that in its entirety it reflects the sort of event or sequence of
>events that might realistically happen in the daily life of your
>community? Y/N _____
>
>11. Do any of your problem-style examination questions involve the
>wholesale adoption of the facts of true-to-life events that have been
>reported in the local media? Y/N _____
>
>12. Here you can write anything you feel is needed to qualify or
>explain any of your responses above: