Eli Item-Writing Academy
About 35 minutes · Academy module: The Call-of-the-Question Workshop.
The call tells the examinee which decision earns the point. "Which of the following is correct?" contracts nothing. "Is the contract enforceable?" contracts everything: the examinee knows to run formation doctrine against these facts and select the best holding. Write the call before the fact pattern — it decides which facts are load-bearing.
Match the call's verb to the cognitive task: "Which rule governs…?" tests doctrine selection. "How should the court rule?" tests application to facts. "Which statement best explains…?" tests reasoning about why. "What is the defendant's best argument?" tests advocacy framing. Vague verbs ("concerning," "regarding," "with respect to") test nothing — they decorate.
A call that asks two things ("Did the court have jurisdiction, and was the ruling correct?") is two items wearing one item's clothes. Split it, or commit to the decision the tested point actually targets. The cover-the-options test applies: with options hidden, the examinee should know exactly what decision to make.
Read the call against each option: every option must be a responsive answer to the call. If the call asks "how should the court rule on the motion?" and an option states a rule without a ruling, that option fails the handshake — it's either a bad distractor or a sign the call is wrong. Fix whichever is actually broken.
(intended key: B)
Fact pattern: An owner conveys Blackacre to Buyer 1, who does not record. The owner then conveys to Buyer 2, who pays fair value, has no knowledge of the earlier conveyance, and records first. Race-notice jurisdiction. Which of the following is correct?
A. Buyer 1 prevails B. Buyer 2 prevails C. The first conveyance is void D. Recording is irrelevant
the call ("which of the following is correct?") names no decision — and the options are bare conclusions without reasoning, so the item tests guessing, not doctrine.
Name the decision in the call ("who prevails, and why?") and rebuild the options as parallel holdings-with-reasons so the examinee must apply the race-notice rule.
— cold-solve verified: 2/2 (solvers chose B, B)
Fact pattern: (same). Who prevails, and why?
A. Buyer 1, because her conveyance was first in time B. Buyer 2, because as a bona fide purchaser without notice who recorded first, she prevails under a race-notice statute C. Buyer 1, because Buyer 2 had constructive notice from the prior conveyance D. Buyer 2, but only if Buyer 1 acted fraudulently
Key: B
The call now contracts a specific decision with reasoning; each option is a responsive holding-with-reason. Both solvers chose B and eliminated each distractor doctrinally.
Recording it adds the module to your Academy completion record on this device — module, track, level, and date, ready to download from your account page for faculty-development documentation.