Hypothetical: A Beginner Torts Problem and Scoring Rubric

Beginner hypothetical and scoring rubric for exam practice.

One of the great frustrations of law school is the lack of practice hypothetical questions that model typical law school exams. When you can find hypotheticals, they generally lack detailed grading rubrics that would allow you to self-grade (and create meaningful feedback for yourself).

Finally, there are virtually no beginner level questions out there that are appropriate for 1Ls at the beginning or middle of the terms. That makes it extremely hard to practice before the final exam. And practice is crucial. Rhetoric & Rubrics is about changing all of that.

Here is a beginner level hypothetical for torts. It might be titled Tree Stands Are a Bad Idea. The problem file includes all the case law you need to write a good answer. Here is the grading rubric for the hypothetical.

If you need advice on writing hypothetical answers, explore the other resources here. You might be particularly interested in this chart that discusses levels of sophistication in writing an application. You may also be interested in this download of sample structures.