Category Archives: General

May 13, 2014 · 9:43 am

Countdown to the Bar, Step 1: Introduction to Studying for the Bar Exam

Image courtesy of digitalart/FreeDigitalPhotos.net

Image courtesy of digitalart/FreeDigitalPhotos.net

Congratulations to all of those 3Ls out there who have just graduated or are about to graduate! You have made it through law school! It’s a great accomplishment, and you should definitely celebrate with friends and family. It doesn’t take long though for the realization to dawn that the bar exam is looming in the distance. That’s why it’s a good opportunity to talk about how to approach studying for the bar exam.

In reality, you have learned most of skills you need for bar exam success during your years in law school. Although studying for the bar exam is a pretty intensive experience, if you continue to apply the types of techniques that contributed to your success in law school, you should be on your way to success on the bar exam as well. With that in mind, here are some suggestions as you begin the countdown to the bar exam:

First, if you have not done so already, sign up for a commercial bar review course, such as BarBri, Kaplan, or one of other state-specific bar prep courses. Most law students take a bar review course, and it’s been my experience that students who do not take one tend to not pass the bar exam. Although these courses cost a significant amount of money, that money is a good investment in your future. It is much more costly not to pass the bar and therefore not be able to practice law. You should research your options and determine which bar review program works best for you. It should be specific to the state where you are scheduled to take the bar exam, and you should consider your personal learning preferences, need for structure and discipline, etc. in deciding whether to take a course in person or over the internet. Most of these courses begin in the next week or two, so if you have not chosen a course you should do so quickly.

Second, treat studying for the bar exam like a job. Regardless of whether you take your bar review course in a classroom, view videos online, or study solely from workbooks and other printed materials, you should schedule your study time each day. Set a specific schedule for yourself, just as you would during the school year during law school. Get up at the same time each day, set specific times to go over new material or review material already covered, and set aside specific times that you will take practice exams or go over practice questions.

Third, don’t forget to take good care of yourself during the next few months as you study. It’s important that you eat well and get a good sleep every night so that your brain functions at its best and you don’t wear down your immune system. Take regular breaks from your studies, and don’t forget to get some exercise. Studying for the bar exam is not a sprint, but a marathon—you have to take care of yourself for that journey.

Stay tuned to this blog over the next few weeks, as I continue to give you tips about studying for the bar exam—let the countdown begin!

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May 8, 2014 · 11:12 am

Sleep for Success: Stealing Time from Sleep Doesn’t Help You Do Better

The other day I had a student tell me that he planned to stay up all night studying for his next final exam. His statement brought back memories of my own years in law school, studying in a coffee shop early in the morning before the Civ. Pro. final as some of my fellow law students–those who had stayed up all night studying–either crashed with their heads on the tables or drank gallons of coffee in a desperate attempt to make their brains function. One of my friends once told me that, during one of her finals, a student fell asleep in the middle of the exam. Other students sitting around him surreptitiously tried to wake him up without causing a disruption to the rest of the class.  My friend looked over again about 20 minutes later, and he was once again asleep.

At the time, staying up very late–or even all night–may seem to make sense as you are studying for your final exams. The final exam period is a very stressful time, and there never seems to be enough hours in the day for studying. Law students may have four or five finals during a 10 to 14 day period, and often the entire grade for each course hangs in the balance. If you didn’t get your outlines done before the semester ended, you may still be scrambling to synthesize course information and memorize key concepts. If you don’t sleep less, then how will you get enough time to study before finals?

The problem with this reasoning is that sleeping less does not necessarily mean a better outcome on the exam. You’ll be more tired, have a harder time focusing on what you are doing (either studying or actually taking the exam), or even fall asleep at critical moments, like the law student in my friend’s class. Just because you study longer doesn’t mean you’ll do better. Studies have shown that sleep-deprived students don’t perform as well as those who get enough sleep, and they’re more susceptible to getting sick. It’s also important to remember that you are not just trying to learn this information for a short period of time–you are studying legal concepts that you will be tested on again during the bar exam.

So what should you do instead? Ideally you should study for your exams throughout the semester by outlining and creating flashcards. If you spread out your studying throughout the semester, you will not feel as much pressure during the exams period. It will be easier to balance studying with sleeping and taking good care of yourself by eating healthy and exercising.

At this stage though, you are already in the midst of exams. Lectures about the perils of procrastination aren’t going to help you with your immediate problems. Instead, you should take stock of where you’re at with each of your classes and how much time you have left before the final exams. Triage your studying. What are the most important things that need to be accomplished for each class? For example, it won’t be possible to create an entire outline for a course in 48 hours. A more productive approach at that point may be to start by creating the one-page checklist of topics I have described before, but this time drawing from your class notes and casebook table of contents. The checklist is a master list of the topics that could be tested on the exam. Once you have the checklist, you can evaluate which topics you feel pretty comfortable with versus those that you realize need more work. By consciously evaluating each course, you will be able to spend your time on those topics you’ve identified as needing more work, rather than on reviewing information you already know. Triage studying may not be a perfect solution (less procrastination would be better), but it is a better option than stealing time from sleep.

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May 6, 2014 · 4:11 pm

The “Best Answer” Dilemma: How to Succeed at Law School Multiple Choice Exams

Image courtesy of nongpimmy/FreeDigitalPhotos.net

Image courtesy of nongpimmy/FreeDigitalPhotos.net

One of the reasons why law students often dread multiple choice exams is that questions may have more than one possible right answer. In fact, many multiple choice questions instruct the student to choose the “best” answer. There’s nothing more frustrating than choosing a seemingly “correct” answer but still getting the question wrong.

So how can you resolve the “best answer” dilemma and achieve success on your multiple choice exams? Here are some tips for approaching these questions on law school exams:

  • First and foremost, always approach law school multiple choice questions by eliminating the wrong answers first rather than looking for the right answers. This may seem counterintuitive. But eliminating obviously wrong answers gets rid of answers that are distracting and may lead you astray. It also improves your chance of choosing the correct answer if you are not able to determine which answer is best and have to guess.
  • Second, don’t just choose the first answer that seems right. Instead, make sure that you evaluate all possible answers and determine whether any other answer could also be correct. It’s hard to decide which one is the best answer if you don’t evaluate them all.
  • Finally, if you narrow your options down to two possible answers, both of which seem right, then you should analyze which answer is best. One way to do this is by asking yourself which answer is more specific. If one answer is fairly general but the other is much more narrow in its application, the narrow answer is usually the better answer. If one references a general rule of law but the other incorporates very specific details from the question’s fact pattern, the detailed answer is probably the better answer.

Ultimately, the key is to be methodical in your approach to evaluating the answers. Approaching each multiple choice question in the same way will help you solve the “best answer” dilemma.

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May 5, 2014 · 10:21 am

Racing Against the Clock: Time Management Techniques for Law School Exams

Image courtesy of Winond/FreeDigitalPhotos.net

Image courtesy of Winond/FreeDigitalPhotos.net

Anyone who’s ever been in law school has had this experience: you’re writing or typing along on your exam, fingers cramping and back stiff from sitting in the same position for too long. All of a sudden, you look up at the clock and realize that you only have five minutes left before the exam is over. The problem: you have at least 30 minutes’ worth of material to cover before you will complete the final essay question. All you can do is rush to get as much of it crammed in as possible. The end result is that your essay ends in jumbled confusion, and your grade is lower than you had hoped for.

Time management can be a challenge for many law students, even when they have studied hard before the exam. Many law school exams are intentionally designed to take more time than you will actually be given. In order to succeed on those types of exams, you need to not only be prepared for the content of the exam but also have a strategy for how to tackle the exam. With that in mind, here are some suggestions for developing your own time management strategy:

  1. Always allocate time by the number of points or percentage of grade that each section of the exam is worth. For example, maybe your exam consists of two essays and 30 multiple choice questions. Each essay is 1/3 of the total exam grade, and the multiple choice is 1/3. The exam is scheduled for 3 hours. You should allot 1 hour for each of the essays and 1 hour for the multiple choice (each multiple choice question getting two minutes). Time should almost always be allotted according to how much that part of the exam is worth. Once the exam starts, calculate your end times for each part of the exam—and most importantly, stick to those times! Don’t be tempted to “borrow” time from one part of the exam to have more for another.
  2. If you have control over which part of the exam you take first, think carefully about your plan of attack. When the exam consists of both multiple choice and essays, students invariably want to tackle the essays first because that is where they feel the time constraints the most. But when you tackle the essay first, there is a temptation to “borrow” time from the multiple choice section if you aren’t done with the essay when the time allotted for that section runs out (see suggestion #1). To avoid that temptation, I recommend taking the multiple choice section first. If you have extra time left over once you complete it, you can save it for a later section (or for reviewing the multiple choice one more time), but you will make sure that you give the multiple choice the time that it is worth.
  3. Finally, outline or chart your essay answers before you start writing. So many students start right in on writing their essays without organizing their thoughts first. There is a temptation to do this when time gets tight because students know they will not be graded on that outline. But effective outlining proves more efficient in the long term, as it allows you to determine what issues you want to cover in your essay and what facts relate to those issues. You will see which issues are minor and don’t deserve as much time in your essay versus those issues that have numerous relevant facts and will be worth more credit. By jotting down facts that go with each issues, you also create efficiency because you will not have to go back and read the fact pattern again and again as you write your essay.

The key to managing time in law school exams is creating your time management strategy before the exam even starts, and then sticking with it. You’ll be surprised at what you can accomplish in a limited amount of time!

 

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April 29, 2014 · 1:40 pm

Getting Past Panic in Law School Exams

We’ve all had that feeling—that moment when you are sitting in the classroom, your professor hands out the exam, and every rational thought flees your brain. You are paralyzed. Sweat begins to bead your forehead. And then the voice in your head screams out: “I can’t remember anything I studied! I’m about to fail my exam!” The challenge is how to move past that feeling of panic and successfully complete the exam.

While you can’t vanquish those feelings of panic with a magic wand, there are things that you can do to conquer panic during exams. As with so much else in law school, one of the most important keys is what you’ve done prior to the exam—your preparation. We’ve talked before about how taking the right approach to outlining can help you to predict what may be tested on the exam. One of the reasons why law students panic at the beginning of an exam is because they are afraid of the unknown. Law students view exam creation as a mysterious and unpredictable process. In reality, as I’ve explained before, professors tend to test the nuances in the law—areas where there are competing approaches, shifting outcomes based upon facts or policy approaches, and fact patterns that require students to recognize how a series of legal issues relate to each other. Identifying those nuances in advance through outlining will make the exam more predictable and reduce your feelings of anxiety.

I have also explained previously about how to create a one-page checklist of legal issues that may be tested on an exam. This checklist is a very specific way of connecting your preparation prior to the exam to what is going on during the exam. If you create a checklist of potential legal issues, you have a mental prompt you can rely upon when that feeling of panic rears its head at the beginning of the exam. How can you do this? If you immediately panic when you look at the exam questions, try this technique: Put your exam aside for a minute and take out your scrap paper. Quickly replicate a shorthand version of your checklist on the scrap paper. Once you have put that checklist on paper, you have a tool that you can use to answer the exam questions. You can literally take each issue on the checklist and evaluate whether that issue is raised by the fact pattern in the essay question. If it is, you can jot down quick notes about what facts you wish to talk about with respect to that issue. By the time that you get through the checklist, you have created a quick outline, chart, or list about how you will tackle the essay question, and the writing should go smoothly and quickly. The feeling of panic will go away as your preparation kicks in!

 

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April 28, 2014 · 9:44 am

Essay Exams Are About the Journey, Not Just the Destination (Part 2): Don’t Forget Counterarguments!

In my last post, I introduced the idea that essay exams are about the journey, not just the destination. In doing so, I explained that most of the points in an essay exam are earned by explaining how you got to the answer, not by giving the answer itself—in other words, by “showing your work.” Today, I want to continue that theme by talking about counterarguments.

One of the key ways to maximize the number of points you earn for discussion of a complex legal issue is by exploring counterarguments. A counterargument is simply an alternative argument that you have chosen not to make because you have concluded that your path to your answer is the correct one. In practice, a lawyer deals with counterarguments on a regular basis. He or she must anticipate the opposing party’s possible arguments and address in his or her own pleadings and briefs why those arguments are invalid. By exploring counterarguments in your essay, you demonstrate to your professor that you understand the complexity of the legal issues and are thinking like a lawyer.

Not every issue requires a counterargument. Sometimes the analysis is pretty cut-and-dried, the answer predictable. But more often than not, your professor has chosen to set up legal issues with enough complexity that a counterargument is warranted. Look for legal issues in which multiple public policies are at work—those public policies may create different paths for your analysis. Sometimes there may be competing approaches to a legal issue, such as majority vs. minority approaches, or common law vs. statutory approaches. Or maybe courts apply a balancing test to resolve this legal issue, and you need to compare the essay fact pattern to the facts in a range of cases you read for the course. If you’ve done a good job of outlining course materials, as I talked about here and here, you can predict exactly when a counterargument may be warranted.

Finally, once you’ve analyzed the counterargument, make sure you don’t forget to explain to the reader why your approach is superior to the counterargument—this is the final step to setting up your conclusion of that issue.

Counterarguments are a great way to maximize your success in an essay exam—take time to explore them and don’t just rush to your destination!

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April 27, 2014 · 3:25 pm

Essay Exams Are About the Journey, Not Just the Destination (Part 1): Show Your Work!

Image courtesy of Gualberto107/FreeDigitalPhotos.net

Image courtesy of Gualberto107/FreeDigitalPhotos.net

Like most law students, you are probably beginning final exams this week, if you aren’t already in the midst of them. In support of your hard work, this week’s posts will focus on tips to improve your performance on essay exams. It’s important to remember that essay exams are about the journey, not just the destination. The right “answer” is only one small part of your essay-writing task.

Remember when you were in math class as a child, and the teacher counted off if you didn’t “show your work”? You would get the right answer, but because you did the calculations in your head rather than on paper, you didn’t get full credit for the problem. Your teacher wanted to make sure that you actually knew how to apply the appropriate rules and formulas–that your correct answer wasn’t just a lucky guess. The same rules apply to law school essay exams—in order to be successful, you must show your work!

So what do I mean by “show your work” in your essay? As you know from previous law school exams, law professors create essay questions that each raise a number of legal issues. The question will set out a number of facts that relate to each legal issue. Your job is to identify the issues and answer the questions found at the end of the fact pattern. This is Law Exam 101—the basics.

In reality, your professor has assigned a point value to each legal issue, and that point value is connected in some way to the issue’s degree of complexity and the facts associated with the issue. Your professor expects you to develop your discussion of that issue using some type of IRAC/CREAC/TREAC formula. The only way to get all of the points is to show your work by going through the entire IRAC process for each issue. (Note: minor issues with limited facts and little legal complexity will take much less space to IRAC, which makes sense because those issues are also worth fewer points).

Let’s take a look at a quick example. Maybe in a Torts essay question, one of the issues is whether John was negligent when he drove his car into the back of Mary’s car. Maybe the professor has decided that this first issue was worth ten points. The professor might award one point for identifying the issue, and another point for your conclusion that John was negligent. But there are still eight points outstanding. The professor may assign three points to your discussion of the relevant legal rules that applied for this issue, and another five points for your analysis of how those rules apply to the relevant facts. If you skip from issue identification to conclusion, you will only earn two out of ten points! But even if you go a little further and set out the relevant rules for that issue, you still will only get half of the points unless you explain how those rules apply to the facts in the essay question. A successful essay will fully develop all parts of the IRAC analysis for each issue.

The key is to show your work—don’t leave anything in your brain, but instead put it all on the page!

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April 23, 2014 · 10:09 am

Checklists: The One-Page Outline for Exams

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Image courtesy of cooldesign/FreeDigitalPhotos.net

It’s that point in the semester when final exams are looming ever closer. What should you do as you finish up the last topics in your outlines and begin that last week of studying before exams? One thing that I suggest to students is to create a one-page checklist of issues they might see on the exam. It’s an easy thing to do. Take an outline that you have done for one of your law school classes, such as Contracts. Go through your outline page by page, making a separate list of all legal issues and sub-issues. Don’t include any details–your checklist should be made up of key words and phrases, not tests, definitions, case names, or other detailed information. Write out the list in the order that it is organized in your outline.

Once you have a completed list, ask yourself: is everything in the order that I would want to use it? An exam essay fact pattern will not include every issue covered in a course, but there may be a set of issues that are related. If your professor covered one issue in the third week of the semester and a related issue in Week 10, you may not have thought to put those issues next to each other in your outline. But the checklist is the time to consider how you might link issues together. Reorder your checklist in the way that makes it most useful for the exam. Remember my Robonaut example from last week–it’s important not just to have the right tools but also to have those tools work best for you.

So, how should you use this checklist? Once you have your checklist organized the way that you want it, commit it to memory. When you go into the exam, use the checklist to make sure that you don’t miss issues in the fact pattern. You can also use the checklist to test whether you know the tests, definitions, and other detailed information that goes along with the key words in your checklist. If you can’t easily access those details in your memory, it is an indication that you should go back to that part of your outline and review it again or maybe create a flashcard or two on that subject.

In the end, a checklist can be a great way to cap your studying for final exams–list away!

 

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April 21, 2014 · 6:02 pm

Write and Repeat: Using Practice Exams to Study for Finals

Final exams are right around the corner for most law students, if they have not started already. Taking practice exams can be a great way to study for law school finals, but only if you use them properly. Successful law students often use practice exams to test the adequacy of their exam preparation and to simulate the experience of taking exams. Here are some suggestions for how to make practice exams work harder for you:

1. Don’t take practice exams for a particular topic until you have actually studied that topic. Many students take practice exams before they have outlined the material at issue or committed legal rules, tests, elements, etc. to memory. You will not get as much out of a practice exam if you don’t prepare for it as you would for a graded exam. If you don’t have the important stuff committed to memory, you will waste time in taking practice essay exams because you just won’t be able to recall what you need to write an answer. You will also be guessing much more on multiple choice questions, and the result may not adequately reflect your understanding of the material. Study first to make practice exams a productive use of your time.

2. Take practice exams in a simulated test environment–give yourself the same amount of time you will have to take the graded exam, and take the practice exam in a quiet, distraction-free environment. Practicing the entire exam experience trains your body and brain for what is expected during a graded exam, and it can help reduce stress and exam anxiety by desensitizing your brain to taking exams.

3. Allot enough time to go over the practice exam answers once you have completed the exam. Part of the benefit of taking practice exams is comparing your answers to the model essay answers or correct multiple choice answers. Compare what you have done to the model answers and make note of what needs improvement. Read the explanations of the right and wrong answers for multiple choice–it will help you to better understand how questions are constructed as well as gain a deeper understanding of the underlying legal issues. I recommend setting aside the same amount of time to review the answers as you set aside for taking the practice exam to begin with.

4. Use practice exams as a way of fine-tuning your outline and rethinking further exam preparation. If you don’t get something correct or miss an issue entirely, evaluate whether your outline adequately covers that topic. Ask yourself if you need to create a flashcard for a legal rule so that you have it fully committed to memory. Studying is a process, not an destination–practice exams are a way of checking the health of your studying process before you move forward with it.

So, where can you find practice exams? Often, your professors are a great resource for practice exams. Many professors release older versions of their exams, and you can use those to practice for your finals. You may also want to seek out the Academic Support professionals at your law school, as they often have many practice exam resources. If you are paying for your bar prep course as you go, the bar prep providers, such as Kaplan and BarBri, often provide supplemental materials containing practice exams. Many other supplements also offer practice questions–just make sure those questions cover material you have actually covered in class.

Practice exams are one of the best ways to measure your understanding of course materials and reinforce test-taking skills–just write and repeat!

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April 16, 2014 · 10:03 am

Law Student Voices: Finding Balance in Law School

 

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Image courtesy of chanpipat/FreeDigitalPhotos.net

One of the most difficult tasks for a law student at any stage of law school is to find balance. It is easy to succumb to the many long hours of studying and school-related activities. However, focusing on law school to the exclusion of everything else can be a recipe for disaster. One key ingredient to law school success is taking affirmative steps to care for your mental and physical health.

In our first year legal writing class, we were taught the importance of incubation. Incubation is a period of time, after saturating your brain with research, when you go do something non-law related to allow your brain to make the subconscious connections that cannot be made while actively thinking about a problem. Allowing your brain to quiet for a short period of time can lead to that pivotal moment where the solution to your problem becomes clear. Personally, I took this advice and applied it to all aspects of law school. When life gets overwhelming, I do something active—usually running—in order to re-group and recharge. I also run one mile with a friend before every exam. This helps us to get out some of our physical anxiety and gives us a few minutes for mental preparation. Each person has to choose an activity that fits their life. Even though running is what works for me, for others it may be meditation, yoga, creative writing, reading for pleasure, going on a date with your significant other, seeing a movie, etc.— anything enjoyable that is not law-school related. Obviously, this technique will not work if you let it take away from your studies. But allowing yourself a short break will keep your brain sharp and fresh, ready to dominate the mental gymnastics of law school.

It’s also important for law students to pay attention to their sleep and diet. Busy schedules and dedication to excellence can lead to poor eating and sleeping habits. These two things are very important to mental health. It will be more difficult to pay attention in class or create outlines if you are exhausted. You will spend your energy trying to stay awake rather than absorbing the material. Sleeping enough and eating well will keep your energy up and provide the endurance to keep pushing forward on your law school journey.

My colleagues frequently ask how I have time to run with all the demands of law school. My answer is always the same, how can I not? I know I owe it to myself to take care of my body and my mind, so I find the time. This is my challenge to you: Take care of yourselves, make the time!

This post was authored by Amanda M. Fisher, J.D., Savannah Law School ’15.

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