Monthly Archives: April 2015

Using Study Groups to Develop Hypothetical Practice Questions

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Yesterday, we explored some of the dos and don’ts for effective law school study groups. Today, I want to take that discussion a step further and explain how the members of your study group can develop your own hypothetical practice questions as you prepare for final exams.

One way to test your understanding of course material in law school is to go through hypothetical questions, but your casebooks and commercial study aids often have a limited number of practice questions. Students often ask me where they can find more practice questions, and I always explain that it is possible to create your own hypotheticals. This approach is particularly effective if you participate in a study group. For the best results, you should first complete your outline of the legal issue(s) you want to practice.

Here are 5 steps for creating hypothetical practice questions:

  1. Identify specific legal issues that you want to practice. The best issues for this purpose are complex issues—the kind that you might have some difficulty with on an exam. For example, in Civil Procedure you might want to practice how you would apply the law to fact patterns where the Erie Doctrine or Subject Matter Jurisdiction was at issue. For Constitutional Law, you might choose to focus on Equal Protection or Due Process issues. For Evidence, maybe you want to explore some of the hearsay exceptions.
  2. Assign each member of your study group a time period or jurisdiction for their hypotheticals. Taking this approach ensures that two people do not bring the same hypothetical to the next group meeting. For example, if your group is going to study the Erie Doctrine, maybe one person looks for Erie cases from the Second Circuit, another looks for cases from the First Circuit, and the third looks for cases from the Third Circuit. Just make sure that, if the law has changed in recent years, you do not assign time periods prior to any changes in the law.
  3. Each person will look for cases on Westlaw, LexisNexis, or other legal search platforms that focus on the legal issue your group has chosen. You may choose to create your own search terms or may look to see what other cases have cited the cases you studied in class. Just make sure that any cases you choose are still good law! (An added benefit to this process is that you practice your research skills as well!)
  4. Look for cases that have a well-developed but concisely worded set of facts and good explanations of the legal outcomes. The statements of facts from your cases will become the foundation for your hypotheticals, and the court’s explanations are your answer keys for the hypotheticals.
  5. Have each member of the study group bring 3 to 5 hypotheticals to your group’s next meeting. Take turns having each person present one of their hypotheticals. The other members of the group should talk through their legal analysis for that hypothetical, based upon their outlining and studying prior to the group meeting. After the group’s analysis is complete, the person who brought the hypothetical should explain how the court actually resolved the legal issue(s) in the underlying case.

Taking this approach, your study group can create an endless number of hypothetical questions. The process of talking through the legal analysis for these hypotheticals, as well as explaining how the court actually resolved the legal issues in this case, will improve your understanding of important legal issues and provide practice for how you should analyze similar fact patterns in your exams.

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Filed under General, Law School Exams, Outlines, Study Tips

Using Study Groups to Study for Final Exams

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Image courtesy of Stuart Miles at FreeDigitalPhotos.net

With final exams coming up soon, I’ve had a number of law students ask me about how to use study groups to study for final exams. Study groups can be very helpful as you are preparing for finals—if you take the right approach. But it’s important to avoid some common pitfalls associated with study groups if you want to maximize their value in the upcoming weeks. Today, we will explore some of the Dos and Don’ts associated with law school study groups.

Don’t use study groups to divide up the work. Sometimes law students think that study groups can provide a shortcut for creating an outline. They will divide up the course materials among the members of the group, with each person only creating one part of the outline. The problem with this approach is that outlining is about synthesis. Some of the most important parts of law school learning take place as you weave together the course materials and figure out how everything fits together. Students who take the “divide and conquer” approach to outlining only fully understand the material that they have outlined on their own—if they are tested on the legal issues that others outlined, they do not tend to perform as well.

Instead, do use the study group to reinforce your own outlining. Some of the best study group meetings take place when everyone in the group has already tackled his or her own outline. Set a specific goal for what legal issues everyone must outline prior to the study group meeting. When the group comes together, you can compare what each person has done. If you have identified something you don’t understand, maybe another member of the group has figured that issue out and can explain it to you. You will be better off as you begin to see how others have interpreted the course materials, and you can clarify your own understanding of the legal issues. Even students who are teaching other members of the group benefit in this environment, as the process of teaching the material helps the teacher to understand it even better as well.

Don’t let study groups become a time drain. Sometimes study groups meet for long periods of time without really accomplishing anything. Law students usually have limited time available to study, and it’s important that your group study sessions do not degenerate into a gossip fest or otherwise not accomplish its goals.

Instead, do create an agenda for each study group meeting. Get the members of your study group to set goals for what you want to accomplish at each meeting, and create a plan for how you will accomplish those goals. Make sure that the study group stays on track at each meeting so that your goals are accomplished and your time is used effectively.

Don’t schedule so many study group meetings that you don’t have time to study on your own. Study groups can be one effective way to study, but as I talked about before, it is important to have the time to work on your own outlines as well.

Instead, do schedule study group meetings to ensure that you maximize both your personal study time and the benefits of the group. If properly spaced out, study group meetings can provide additional motivation for your studies and a system of accountability. There is nothing like knowing that someone else expects you to have something done to help you stay on track with your personal study plans.

Stay tuned for tomorrow’s blog post, when I will explain how a study group can be used to create and explore hypothetical practice questions! And happy studying!

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Filed under General, Law School Exams, Outlines, Study Tips