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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Checklists: The One-Page Outline for Exams

Image courtesy of cooldesign/FreeDigitalPhotos.net

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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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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Law Student Voices: Finding Balance in Law School

 

Image courtesy of chanpipat/FreeDigitalPhotos.net

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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Law School and Robonauts

robonauts

A number of years ago I had a summer faculty fellowship at NASA’s Johnson Space Center. While there, I had the opportunity to visit the robotics lab, where NASA and academic collaborators were designing a robonaut with artificial intelligence. The goal was to create a robot that could help astronauts make repairs to the space station during space walks. The researcher demonstrated the robonaut’s capabilities for us, ordering it to hand him specific tools. Amazingly, the robonaut could “look” at several tools, choose the correct one, and hand it to the researcher. I was impressed–but then the researcher pointed out something even more incredible. Not only did the robonaut know which tool to choose, it also knew that if it picked up the tool (such as a hammer) by its handle, it would be offering it to the astronaut in a way that would make it less helpful. The astronaut would have to grasp the top of the hammer, rather than the handle–the hammer would not be immediately useful. Because the researcher had spent time thinking about the application of his efforts, the robonaut was designed in a way that made it much more useful to astronauts. The robonaut knew to offer the tool so that the astronaut could grasp the handle.

Law students can learn a lot from the robonaut. What’s important in your work is not just what you put into an exam essay, outline, brief, or other writing assignment–it’s also important to consider how that information is presented to the reader. You should always keep in mind your audience when you are writing, and what that audience needs from you in order to find your writing helpful. That’s one of the reasons why law professors tell students to use the IRAC/TREAC/CREAC formulas as an organizational approach to legal writing. The more that you keep in mind your audience when you are writing, the more you will give the reader what he or she needs to follow your legal arguments and analysis.

Law school outlines work in much the same way. You can spend countless hours putting together an outline for a course, but if the information in that outline is not organized properly it is only so useful. Instead, when creating your outline, you should think about how you might apply information from that outline to an exam. If you organize your outline with its application in mind, you will complete exams more efficiently and effectively. So what do I mean by this? Because law students read and brief cases for most classes, there is a natural tendency to organize outlines around cases. But this is not how you would use this information on the exam–instead, the first thing you would need is the key legal rules, principles, tests, or policies that are illustrated by these cases. Analogizing facts in an essay question to facts in a case you read may be a part of your analysis, but first you must discuss the applicable law. If you organize your outline first around legal rules and then use cases and hypotheticals to illustrate those rules, your outline will function like the robonaut–providing you with course information in the most helpful way.

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Law Student Voices: Taking the Wheel on the Journey to JD

Image courtesy of dan/FreeDigitalPhotos.net

Image courtesy of dan/FreeDigitalPhotos.net

Legal education has evolved over the decades from being a singular means to an end to just one step in the process. Many years ago, to become a lawyer a person simply got the education. Then upon graduation, employers would come knocking, handing out jobs and benefits. Now the roles have reversed: it is our responsibility to convince employers to take a chance on us. It is no longer enough to earn a J.D. and pass the bar exam. Surprisingly, there is still a lingering expectation, despite the recession and debates about how legal education is losing value, that law students will graduate and “magically” land a great job. We must understand that our legal destiny is largely within our own control.

Each student entering law school needs to not just know but fully understand that we get out of it what we put into it. Granted, that concept is simple and seems obvious, but I’m not sure many students truly grasp it. Drawing from my own experiences and observations, here are some suggestions for putting this principle into practice:

Grades: Law school is hard! The most important thing is to always put 110% effort towards our grades. (One caveat: Performance in law school is not the only definition of living a fulfilling life. More later on balance and holding on to sanity during this journey.) Grades are one of the most visible defining characteristics of a law student, and the outside world, legal or otherwise, will place a heavy emphasis on grades. So, this means: do your reading, ask questions, study with others, and consult trusted mentors to help you with success strategies. Although some people may have more of a natural inclination for understanding the law, that is not a free pass for others to simply give up on excellence because of having different strengths. The Law School Curve makes life interesting and difficult when it comes to grades, but always giving your best efforts will keep you from ever wondering if there was more you could have done.

Get Involved! Extracurriculars such as moot court, trial team, and law review are valuable in so many ways. These activities not only “look good on a resume” but provide practical skills that will be useful later. I’ve had the privilege of competing in two moot court competitions so far. The skills and confidence that I have gained from these experiences are invaluable. Panel interview for a big law firm? Bring it on! In this same vein, internships and externships are equally as valuable. They give us real world experience that shows potential employers that we are willing and ready to tackle hands-on application of what we are learning in the classroom. This is an area ripe for us to take control of our futures. If you are interested in working for a firm or externing with a government office that is not currently affiliated with your school, ask your career services office for guidance on initiating contact. Don’t wait for someone else to get the ball rolling because that person will then have the advantage of impressing a potential employer.

Networking: Everyone knows someone who can help shape our futures, sometimes in the most unexpected places. I have stumbled upon amazing opportunities simply by striking up a conversation with someone new. I highly recommend carrying business cards. Don’t be afraid to let people know that you are in law school. You may be speaking with someone who has a relative or close friend who is the hiring partner at a firm. Also, always keep in mind that, as a lawyer, your name and reputation are all that you have. Act professionally and courteously at all times. You never know when you are making an impression on your next employer.

The key is to take active control of your law school experience—you have the power to make it a good one!

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

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Taking the Terror Out of Oral Arguments

It’s that time in the semester where law students are preparing for oral arguments in legal writing and appellate advocacy courses or moot court competitions. Students often tell me that they are terrified of oral arguments. Although oral arguments can be intimidating at first if you don’t have much experience–especially if you don’t enjoy public speaking–there are things that you can do to reduce the stress associated with oral arguments and maximize your academic success.

First–and I’m sure you’ve heard it from your professors already–the key is preparation and practice. There is no substitute for preparation, no magic pill that helps you to skip to the front of the line. You must be the “expert” on your oral argument viewpoint. After you have prepared, practice your oral argument until it feels natural. It can also help to practice with friends, asking each other hard questions to simulate the oral argument experience.

Second, imagine your worst case scenarios and develop an action plan for how you will address each challenge if it happens. For example, students often ask me, “What should I do if the judges ask me about a case I have never heard of or haven’t read?” To address this challenge, you might develop an answer like this: “Your Honor, I haven’t had the opportunity to consider X case in light of the issues presented here. I would be happy to submit a supplemental brief in response to this question if Your Honor desires it.” Anticipating possible challenges and determining in advance how you will respond in those situations can reduce stress, take away the fear, and help you respond appropriately if that situation does arise.

Finally, for students who feel intimidated by the judges, it can help to reframe how you think of oral arguments. Think of oral arguments as a type of conversation. Questions are an opportunity for you, not something scary. The person asking you the question is giving you guidance about what information he or she needs to make a decision. If you think about questions using this approach, they become less intimidating–instead, they will be a helpful tool for accomplishing your goals in your argument.

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Surviving Law School Bullies

Today I want to talk about one of the uglier aspects of the law school experience–law school bullying. We’ve all had experience with bullying, whether as a victim, a witness to bullying incidents, or even as a bully yourself. The competitive law school environment can feed bullying. Students are targeted by bullies for a number of reasons, including their academic strengths or weaknesses (real or perceived); physical appearance or characteristics; race, sex, sexual orientation, gender identity, or ethnicity; physical disabilities; learning disabilities; mental health; or any other of a host of reasons. As we’ve learned from media coverage of issues related to bullying, such as Anderson Cooper’s documentary special, The Bully Effect, on CNN, the consequences of bullying can be devastating. Bullying can demoralize, humiliate, and isolate its victims. It can affect your mental health, motivation to be in law school, confidence in your own abilities, and desire to interact with those around you. I’m not saying that you should not feel upset or be affected by bullying–your feelings are valid and important. But there are things that you can do as a law student to survive–even thrive–despite the bullying. So if you are bullied by your law school classmates, what can you do about it? Here are a few (nonexclusive) suggestions:

First, understand that you are not alone. You are not the only law student who has been bullied. There’s a reason why I felt that writing this post was important, and that’s because so many students experience it. Moreover, it’s important to understand that not everyone is against you. Bullies are vocal and, as a result, tend to make us feel like everyone thinks the same way about us. But, in reality, bullies are a minority. They don’t speak for most students. Be careful not to adopt an “everyone is against me mentality.”

Second, help is out there. You don’t have to go through bullying alone. There are people at your law school who will support you if you reach out to them–professors, deans, academic support professionals, counselors. We don’t want our law schools to be a climate in which bullying is acceptable, and we will do whatever we can to support you and stop the bullying. But we’re not always in a position to see bullying firsthand. Give us the opportunity to help you and others by letting us know what is going on. We also know of additional resources that may be helpful to you if bullying affects your ability to focus on your academic success and mental and physical wellbeing. We want you to succeed–not just in law school but in life. Take advantage of our willingness to help.

Third, remind yourself that, although bullying is very personal to you (of course it is–how can it not be, when you’re the one feeling its effects?), it often reflects the bully’s personal insecurities as well. Many bullies try to feel better about their own insecurities by putting other people down. In that way, they are really signaling to you how they feel about themselves, rather than how they feel about you. Although it may not make bullying any more pleasant, and it certainly doesn’t make it any more acceptable, that understanding can help you to maintain a sense of perspective so that you can move beyond the bullying experience and focus on your own academic and professional success.

I also want to speak to those witnesses of law school bullying. Don’t stay silent when you see bullying taking place. Speak up! Don’t tolerate bullying among your fellow students. You are our future lawyers–if you do not stand up in these types of situations, who will? And even if you do not feel comfortable speaking out, at least reach out to fellow students who have been bullied and show them that they are not alone.

Finally, a word for law school bullies: Bullying is not acceptable for anyone, but certainly not for future lawyers. It does not reflect the personal character demanded by our profession.

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Making Flash Cards Work Harder for You

There are some legal concepts that law students just must memorize–there is no way around it! Once you have outlined a topic for a class, you will identify specific rules, tests, etc. that you want to know backwards and forwards. For example, think of how you would analyze a fact pattern for “adverse possession” on your property exam. Although your professor may have worded the elements slightly differently than I have here, you know that adverse possession requires that the person: (1) actually enter; (2) have exclusive possession; (3) have continuous possession; (4) have adverse or hostile possession (without the owner’s permission); and (5) possession must be for the period of time defined by the statute. During the exam you will be feeling a lot of stress because of the amount of information you have studied and the limited amount of time you have to complete the exam. If you do not have the elements memorized, you may forget one of them when you are writing your essay. The result: fewer points, a lower grade.

Many students use flash cards to memorize the elements of rules, key definitions that they want to know word for word, and other important legal information that they want to be able to recall with little effort. Of course you can always write out your flash cards on index cards, but there are also a number of programs and apps available on the internet for free or at a low cost, such as Flashcard Machine, available at www.flashcardmachine.com, and Quizlet, available at quizlet.com

You can make flash cards work even harder for you by using them as checklists for legal issues. A checklist flashcard has the legal issue listed on one side and a list of the possible related topics you might need to address if you identify facts related to that legal topic in an exam question. So, for example, if the legal topic was negligence, you might include on the flip side of the flash card the following related topics, among others: (1) comparative/contributory negligence; (2) vicarious liability; (3) joint and several liability; and (4) the types of damages available. This type of flashcard can remind you to look for related legal issues and maximize the number of points you get on your essay.

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Predicting the Future

Law students hear constant reminders about the need to outline their courses. Often students approach outlining as a chore that must be done, but they don’t understand why outlining is so valuable. As we’ve discussed previously, outlining helps law students to gain a deeper understanding of the law and synthesize various course materials. Today, I want to talk about how to use outlining to predict the future. Most law students don’t realize that they can use a well-developed outline to predict the types of legal issues that will appear on the exam.

So how can you do this? In “Perfecting the Law School Outline,” I stated that the first step to creating a strong outline is to organize it around legal issues rather than cases.  I also described the various categories of information that should be included in the outline. For purposes of prediction, some of the most important categories of information include: policy arguments; competing approaches to the same legal issue (such as majority vs. minority approaches, or common law/Restatement/Uniform Commercial Code); legal issues where there are a range of cases and hypotheticals illustrating complexity in how courts apply the law; and observations about how one legal issue relates to other legal issues in your outline (for example, for your section on the tort of negligence, you might note that defenses and other legal concepts such as contributory/comparative negligence, joint and several liability, vicarious liability, etc. may also apply).

Professors like 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 related legal issues must be addressed in the essay. If, when you create your outline, you look for those nuances for each legal issue and include relevant, focused information about those categories of information, you will be able to identify possible exam topics. Questions will be less surprising to you, and you will have already thought about that legal issue in a context that will be more applicable to the exam. Specifically, you will have organized the law in a way that allows you to more easily access it for exam purposes (in other words, anticipating part of the IRAC/CREAC/TREAC format for legal analysis). The result of outlining in this way is less time thinking and organizing once you are in the exam, giving you more time to demonstrate your understanding and ability to apply legal concepts.

In the end, a good outline is a way of taking more control over your learning process. Doing the hard work during the outlining process translates into less stress and better outcomes.

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