Analytics
Know Exactly What Is Working and What Is Not
See the broad brush strokes of your performance in seconds — enough to spot the major gaps worth your time — then drill down concept by concept until every data point tells you precisely where to focus.
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Step 1 · Answered
This is a real Contracts question from our bank
Riverside Hospital sent MedPro Supplies a signed purchase order for 5,000 disposable surgical gowns. The order said nothing about indemnity or dispute resolution. MedPro mailed back its standard confirmation, repeating quantity and price but adding an indemnity clause and a requirement that disputes be arbitrated. Both are merchants. MedPro delivered the gowns, Riverside paid, and the gowns were used. Riverside later claimed a shipment was defective and filed suit in court. MedPro demanded arbitration under its confirmation form.
In Riverside's lawsuit, is a court likely to require Riverside to arbitrate its dispute with MedPro based on the arbitration clause in MedPro's confirmation form?
- AYes, because arbitration clauses are always enforceable to promote efficient dispute resolution.
- BYes, because additional written terms automatically become part of every sale-of-goods contract.
- CNo, because Riverside's purchase order expressly rejected all additional boilerplate terms.
- DNo, because the arbitration clause is an additional term that may materially alter.
Correct · D
D is correct. This transaction is a sale of goods between merchants, so the battle of the forms rules apply. Riverside's signed purchase order was the offer. MedPro's confirmation was a definite expression of acceptance. It repeated the dickered terms but added indemnity and arbitration provisions. Those are "additional terms," not part of the original offer. Between merchants, additional terms can become part of the contract only if certain conditions are met. One key limitation is that an additional term will not be incorporated if it would materially alter the contract. Clauses that change how disputes are resolved, such as mandatory arbitration provisions and broad indemnity requirements, often have significant practical and legal consequences. Courts frequently treat them as material alterations because they surprise or substantially shift risk. Here, the parties formed a contract for gowns based on the matching terms of the order and confirmation, and they performed under that contract. The arbitration clause was only a proposal for an added term. Because it is the kind of term that may materially alter the bargain, a court is unlikely to treat it as having silently become part of the contract. Riverside therefore cannot be compelled to arbitrate based solely on MedPro's boilerplate.
Rule tested
UCC § 2-207(2)
The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
Related authority
UCC § 2-207(1)
A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
UCC § 2-207(2)(b)
they materially alter it; or
UCC § 2-207(3)
Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.
What you actually get
Every part of Performance Tracking, in detail.
See for yourself
Look at the page instead of reading about it.
Top-line numbers, then a concept-by-concept breakdown, then the error patterns behind the misses. Expand a course and see how far down it goes.
Open a live performance page
Expand a course and see accuracy, volume, and the error patterns behind the misses.
Your performance
Torts · Negligence
Completion
69 of 111 questions
Accuracy
51 correct answers
Day streak
Practiced 6 of last 7 days
By concept
Expand any row for correct counts, citations tested, and where the misses cluster.
Top error patterns
Expand to see why the pattern keeps showing up — and which recent misses fit it.
At a glance
The broad strokes in seconds.
Completion, accuracy, attempts, and average time per question sit at the top, so ten seconds tells you whether the last week worked. Then you go looking for why.
On the header
- Percent of the question bank attempted
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- Incorrect count against total attempts
- Average time per question
- Study points earned against points available
Depth
Drill from a course all the way to a single concept.
Expand a course into its outline and see attempted, correct, accuracy, citations tested, and last studied for every node — then open a concept to page through the individual questions and your history on each. Subject-level averages hide exactly the gaps you need.
Error patterns
Your misses get named, not just counted.
Wrong answers are grouped by the trap type each distractor was built from and ranked by how often you fall for it, with the questions behind every pattern one click away. "Sixty-eight percent in Evidence" is not actionable; "you keep picking the partial truth" is.
What is done
Concepts you have genuinely mastered get set aside.
Once a concept has enough attempts and your accuracy on it clears the threshold, it moves into your success patterns. Re-reviewing what is already solid is the most comfortable way to waste a study week.
Momentum
Days studied and your streak, next to the accuracy.
Consecutive days, longest streak, and total days studied sit beside your results, because consistency is the variable most students can actually control. No separate habit app required.
Over time
Effort across a week or a year, split by what you did.
See time studied and work completed over ranges from seven days out to a full year, broken out by multiple choice, essays, and performance tasks — so written work is visible rather than invisible next to question counts.
Filters
Separate law school difficulty from bar difficulty.
Filter the whole picture to Law School or Bar Exam difficulty so strong performance at one level does not disguise weak performance at the other. They are different exams asking different things.
Exam history
Full exam attempts, tracked next to daily practice.
Practice exam results appear here with their section scores, so a full sitting becomes a datapoint in the trend instead of a one-off number you wrote down somewhere.
Put to work
Socrates studies this page so its advice fits you.
Your weak topics and recurring trap types feed the study companion, so when you ask what to work on tonight the answer comes from your record rather than from generic exam advice.
Common questions
Performance Tracking, answered
How do I know which topics to study next?
Why do I keep missing the same kind of question?
Does it track essays and performance tasks too?
Can I separate law school performance from bar exam performance?
Why trust this
How Performance Tracking holds up
- Error patterns are named from a documented distractor taxonomy, not inferred loosely.
- Metrics drill to the individual outline concept rather than stopping at a subject average.
- Used by law students at schools across the country
- Used by candidates preparing for the bar exam
- Used by attorneys who studied with it before admission
- Recommended by practicing attorneys
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Study History
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