Tag Archives: academic success

Tackling Conclusory Legal Analysis

One of the common comments that law students receive on their legal writing assignments and exams is that their analysis was too conclusory. Often, students don’t really understand what the professor means by this comment. Even if they do understand what the comment means, they don’t know what to do to improve their legal analysis.

So what does the professor mean when he or she writes that your analysis was conclusory? Legal analysis is conclusory when it jumps too quickly to the answer to the question without explaining how and why the answer is correct. For example, in your exam essay, you may have appropriately identified an issue, mentioned some of the facts related to that issue, and then concluded what the result should be for that issue. You may have thought that you appropriately explained your answer, but, in reality, you left too much of the answer in your head instead of putting it on the paper. This type of answer will generally receive limited credit from the professor.

There can be several reasons for conclusory analysis in an essay exam. First, most law school exams have time constraints—when students are concerned about running out of time, they tend to rush through their analysis so that they can move on to the next issue. This is particularly the case when the professor has designed an exam with more issues than are possible to cover during the time allotted. When you are trying to mention as many issues as possible, it is easy to gloss over more detailed analysis. Second, many students assume that they don’t need to explain the law that is applicable for an issue because the professor knows that law—they think that, because the professor taught them the material, they don’t need to explain why their answer is correct. Third, students often fail to fully develop their explanation of the relevant legal rules and how courts have interpreted those rules because students do not know that law well enough—they may not have memorized the appropriate tests or definitions, or they may not have thought about the course material in a way that allows them to connect what they have studied to the issue. Without that explanation of the applicable legal rules, there is no foundation for the rest of the analysis of that issue, and your legal analysis is vague and flat.

The problem with conclusory analysis is that it prevents you from receiving full credit for that issue. Professors generally give the smallest amount of credit for identification of the issue and your answer for how that issue should be resolved; most of the points for each issue are awarded for the parts in the middle—the explanation of the relevant legal rules and how courts interpret those rules, and how those rules should be applied to the fact pattern set out in the instant question. Even if you identify a lot of issues, you still will be lacking the points you need for a higher score on the exam. It’s a lot like what it used to be like in those math classes you took as a child, when your teacher wouldn’t give you full credit if you didn’t “show your work.” It isn’t enough to just get the right answer—the path you took to get there is important too.

So what can you do to make your legal analysis less conclusory? One way to make sure that you go through the appropriate analysis is to apply a form of the IRAC/TREAC/CREAC analytical structure that you have learned in legal writing. Each professor has his or her own preferences for the analytical structure, but usually your analysis should follow some sort of IRAC, TREAC, or CREAC form. Commonly, the professor prefers that you state the resolution of the issue up front, as either a thesis or conclusion, rather than just stating that the issue exists. Using an analytical structure helps to remind you not to skip important components of the analysis. It also allows you to demonstrate to your professor that you understand why the answer is the answer—you didn’t just get there by accident.

Although it may seem like you are taking away from the time you need to write, your analysis will usually be better, and therefore receive more points, if you quickly outline or chart your answer before starting to write your essay. Outlining in advance helps you to determine how much time you need to spend on your analysis of each issue. If the issue is not complex, the facts demonstrate that part of the legal test is not at issue, or there are few facts to apply to the law, that is a signal that you can be more concise in your analysis of that issue. You can state outright that two elements of the legal test aren’t at issue, based on the facts in the hypothetical, and move on quickly to the elements that need more development. You will make better use of your time as you write and score better because your analysis will be organized, focused, and efficient.

Finally, one of the key ways to improve your analysis is grounded in what happens before the exam. The more you have synthesized course materials by developing a strong, properly organized outline, the more you have committed to memory the legal rules, tests, definitions, etc. that will be the foundation to your analysis of issues on the exam, the better your written legal analysis will be. This is true whether your exam is open book or closed book, as grounding yourself in the law will help you to think about issues in a more nuanced way. How you approach your studies and preparation prior to the exam is directly related to the effectiveness of your legal analysis in your exam essays.

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Filed under General, Law School Exams, Legal Writing and Oral Arguments, Outlines

Law School Resolutions

Image courtesy of Stuart Miles/FreeDigitalPhotos.net

Image courtesy of Stuart Miles/FreeDigitalPhotos.net

There’s something about the start of a new year that signals a new beginning, a chance to make your life better or get things right. That’s why so many people decide to make New Year’s resolutions. For law students, the new calendar year means that grades from last semester are coming in and another semester will soon begin. It’s an opportunity to set new goals in law school as well—this is true regardless of what grades you’ve earned previously or what your class rank is.

So whether you are a 1L or an upper-level student, have received good grades or are on academic probation, I challenge you to set some New Year’s law school resolutions. Be intentional in what you do this semester—don’t just sit back and wait for things to happen to you. Assess the areas of your life as a law student that you want to improve, and set out some specific actions you will take to make those improvements. I’ve provided some suggestions for law school resolutions below, but don’t be limited by these ideas.

Possible resolutions for students who want to improve academically:

  • Taking more practice exams (You can sometimes get these from your professors, but also don’t forget about the academic support professionals at your law school)
  • Outlining each major topic as you finish it in class
  • Joining a study group
  • Meeting with last semester’s professors to go over exams and determine how to improve
  • Meeting with an academic support professional at your law school to come up with an action plan for this semester

Other possible academic resolutions:

  • Creating a study schedule and sticking to it
  • Volunteering as a tutor (or seeking a tutor to help you with your studies)
  • Trying new approaches to studying or outlining
  • Getting up earlier to get assigned reading done before each day’s classes
  • Complete a legal externship or internship

Possible career planning resolutions:

  • Finding more networking opportunities
  • Revising your legal resume and cover letter
  • Reaching out to alumni of your law school to learn more about what they do as lawyers
  • Revising past writing assignments to create strong writing samples

Other possible law school-related resolutions:

  • Joining a mentoring program
  • Getting involved in a law student organization
  • Volunteering for pro bono opportunities
  • Not missing class except for emergencies
  • Being on time to class

As you assess where you are in law school and where you want to go with your studies this year, you will likely think of other resolutions that make sense for you. The key is to take action—don’t wait on the sidelines for good things to happen to you!

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Thanksgiving Break and Law School

Image courtesy of watiporn/FreeDigitalPhotos.net

Image courtesy of watiporn/FreeDigitalPhotos.net

The Thanksgiving holiday period is always an interesting time for law students. It’s so close to the end of the semester—some schools finish their regular class schedule right before Thanksgiving, while others will come back for another week of classes before final exams begin. If you are a 1L, you are getting ready for your first set of final exams as a law student, and many of your classes may depend on the final exam as the only grade for the course. But upper-level students are also feeling the pressure, especially if you have fallen behind on your outlining and other exam preparations. Some students choose not to travel to visit family to the holiday, concerned about potential distractions from studying, while others feel that a visit home is just what they need at this point in the semester.

Regardless of whether you are going to be with family or on your own for the Thanksgiving holidays, there are things that you can do to stay on track with your law school studies. Like so much about law school, the key to studying over Thanksgiving break (or any other holiday break, for that matter!) is balance.

Here are some tips to making this upcoming week a time for both recharging the batteries and getting ready for final exams:

1. Give yourself permission to take a break. Sometimes law students feel so guilty about taking time off that they don’t actually enjoy the holidays. But it’s important to take a break sometimes so that you can recharge your batteries, and your family and friends’ support may be just what you need after working so hard this semester. Whether you are going home to visit family or staying near school for the Thanksgiving break, give yourself some time off so that you come back to your studies refreshed and ready to tackle your finals. At the same time, law students are rarely in the position to take the entire Thanksgiving break off from their studies, so consider the additional suggestions below.

2. Create realistic goals for what you want to accomplish during the holiday period. Students often tell me that they packed every casebook, supplement, notebook, etc. when they traveled home for the holidays, and it isn’t necessarily realistic to think that you will have the time to work on every single class. When students set unrealistic goals for themselves, they are tempted to give up entirely once they realize that they do not have time to get everything done. If you set realistic goals, you are much more likely to accomplish what you set out to do. The result will be that you build momentum as you head into the final exam period.

3. Create a schedule, and stick to it. If you do go home for the holidays, create a realistic schedule for what you want to accomplish—and, most importantly, hold yourself to that schedule. Communicate with family and friends about what you need to accomplish, and find the time and the right distraction-free location to get your work done. Maybe you set aside several hours each morning to work on your outlines, and then visit with family and friends in the afternoons and evenings. Or maybe you commit to studying all day long on certain days so that you take other days off entirely. If you set aside time to study and stick to it, you will be able to enjoy your time off even more because you won’t feel like you have so much hanging over you. If you are not traveling for the holidays though, make sure that you take the same approach—create a study schedule for the break so that you accomplish your study goals. It’s much easier to make progress when you have a plan for what you want to accomplish.

4. Get some sleep. Make sure that you come back from the Thanksgiving break refreshed and ready to tackle the end of the semester. This is the perfect time to make sure that you are getting enough sleep, eating well, and getting exercise so that your brain and your body are ready for those final exams.

Have a Happy Thanksgiving!

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Avoid “Brain Dumping” in Law School Exams

Law school essay exams are different from essay exams you may have taken before law school. They require more than just memorization—you have to analyze the facts presented in the questions and develop strong legal arguments. This means that you shouldn’t just “brain dump,” or write down everything you know—law school essays must remain focused on the question that is asked.

Sometimes students get so caught up in trying to explain the law that they lose sight of the question. Or they don’t see an issue that they were really prepared to discuss, and so they decide that they will write about that issue anyhow. You will not be rewarded for doing a “brain dump” in a law school essay. Your professor will not give you any points for writing about something that has not been tested; that is why everything you write should be linked specifically to the questions asked and the hypothetical facts.

There are other negative consequences to “brain dumping” on law school exams. There is a time crunch during a law school exam. Although this isn’t true of every law school essay question, many questions are designed so that it is impossible to answer all parts of the question in the time provided. The best answers analyze as many issues as possible in the time allotted, which is another reason why you don’t want to waste time on topics that haven’t been tested by the question. Furthermore, if you write about topics that are not being tested in the exam, you may be burying your more important analysis so that the professor will not even see it.

Stay focused on what your law school exams ask, and avoid the temptation to write about topics that are not being tested. This focus is one important tool for academic success in law school.

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Tuning Out the Noise

Image courtesy of Stuart Miles/FreeDigitalPhotos.net

Image courtesy of Stuart Miles/FreeDigitalPhotos.net

At this point in the semester, I often have overwhelmed law students come to my office, worried or upset about the conversations they hear going on around them in the law school. Based on what they have heard other students say, these students are concerned that they:

  • aren’t studying hard enough,
  • are studying too hard,
  • are being too generous in sharing study materials with friends,
  • aren’t sharing enough,
  • should be participating in a study group,
  • shouldn’t be participating in a study group,
  • should have created a traditional outline instead of a mind map,
  • should have created flow charts instead of a traditional outline, or
  • have the wrong study strategy altogether.

You get the point—it’s easy to listen to what other students are talking about and let self-doubt creep in. You hear the person who sits next to you in Contracts or Evidence talking about how she hasn’t gone to bed until at least 2:00 am for the past two weeks because she wants to make sure her outline for the class is perfect. You begin to ask yourself if you are being irresponsible, throwing away your dreams of becoming a lawyer because you’ve been going to bed at 10:30 pm instead. Or maybe you have had another student warn you that law students should never study together because law school is competitive, and you might be giving that other person an advantage that will result in him receiving a higher grade than you. As final exams approach and you feel stressed about doing your best, you may be tempted to take what other students are staying much too seriously.

The problem with listening to what everyone else is saying around you is that a strategy for academic success in law school is not one-size-fits-all. Another student’s approach to his or her studies may not work as well for you, and comparisons between your approach and someone else’s is likely to be imperfect. The woman who stays up until 2:00 am studying may not get up in the morning until 9:00 or 10:00 am, just in time to make it to class. Maybe you get up early and do much of your studying in the morning, before class, while your brain is fresher. The fact that you go to bed 3 ½ hours before her then is irrelevant. Or maybe you are an auditory learner and remember information better if you talk through your study materials with a friend. The fact that you may be helping your friend do better on the exam becomes less of an issue because you’ve benefited from that process as well.

That is not to say that you shouldn’t periodically reevaluate your study strategies—all students should periodically assess their approach to their studies, trying new techniques and making sure that the time put in to their studies is used efficiently and effectively. In the process, you may realize that your study group is not really working for you any more, or you are spending too much time surfing the internet and not enough time outlining. You may decide you need to add flashcards to your study strategy, or that creating a flow chart for the Erie Doctrine will help you visualize how to address that legal issue on your Civil Procedure exam. Just make sure that the changes in your study strategy are based upon what you need to do to be successful on your exams, rather than just a reaction to what your fellow students are saying.

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4 Key Skills for Successful Law School Essay Exams

Today, I want to talk about 4 key skills that law students must have to be successful on law school essay exams: (1) attention to detail; (2) strong organization; (3) time management; and (4) clear and concise communication.

Attention to Detail: First, you must pay attention to detail. Initially, you should read the instructions carefully, and make sure that you follow those instructions. If there is a word count limit, note that from the beginning. If the instructions limit the areas of law that are being tested, don’t ignore those limitations. Don’t lose points because you didn’t pay attention to your professor’s instructions.

You must also pay close attention to the factual details in the essay question. Every fact in the hypothetical is there for a reason. Don’t miss legal issues because you’ve read the question too quickly and superficially. Moreover, make sure that you pay particular attention to the call of the question, which is usually the last two or three lines of the essay question. Don’t answer questions that haven’t been asked.

Strong Organization: Second, it is important to organize your essay so that the essay makes sense and your professor can follow your analysis. A rambling essay will miss important points, and it may make it hard for your professor to follow your arguments. Once you have read the question, make sure that you take the time to outline or chart your answer before you start writing. An organized answer will score better than one that is disorganized.

Make sure that you apply the IRAC, CREAC, or TREAC structure for each legal issue that you’ve identified. For the most part, do not blend together your analysis of each legal issue—instead, keep each one separate to make sure that you get full credit for the parts of your analysis.

Time Management: Third, successful law students know how to manage their time on exams. Before you start writing, you should look over the entire exam. See how many questions are on the exam and what each question is worth. If the professor has suggested that you spend a specific amount of time on each question, make note of those suggestions. If not, you should allocate your time based on how much that part of the exam is worth. Write down the time that you should be ending each answer to keep yourself on track. With essay questions, it is recommended that you spend about one-fourth to one-third of the time reading the question and outlining or charting your answer, and the remainder of the time writing or typing your answer.

Clear and Concise Communication: Finally, be clear and concise in how you communicate your answer. Use terms of art where appropriate, but communicate points in a straightforward way. You need to communicate all parts of the required analysis, but don’t just ramble. If you are concise in your writing, you will have more time to develop other legal issues presented in the question.

You should be explicit about any assumptions you are making in your answer. If a there is a four-part test for a legal rule, but only one or two parts of that test are at issue in the question, state explicitly that the other parts do not appear to be at issue. Don’t assume that your professor will “read your mind.”

When combined with a good study strategy, these skills contribute to success on law school essay exams. Develop your strategies for taking essay exams prior to the final exam period, and you’re more likely to have good results.

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Law School Exams and the IRAC Method

There is a general method for developing strong arguments and analysis in law school, whether you are working on an assignment for your Legal Writing class or taking an essay exam. You’ve heard of this method before—it’s called IRAC, which refers to Issue, Rule, Application, and Conclusion. There are numerous variations of the method, so your professors may also refer to it as CREAC (Conclusion, Rule, Explanation, Application, Conclusion), TREAC (Thesis, Rule, Explanation, Application, Conclusion), or some similar title.

Regardless of what your professor calls this method, there are common things that you must do as part of it:

(1) identify each issue raised in the hypothetical fact pattern;

(2) decide which legal rule(s) are relevant for each issue and set forth a statement of the rule(s), with exceptions as applicable;

(3) explain how the rule(s) should be applied to the facts in the exam question; and

(4) conclude how the issue is likely to be resolved.

As part of this process, you must show the reasoning that you’ve relied upon in reaching the conclusion for each issue. Make sure that you address relevant counterarguments and policy arguments in your analysis. As you write, be careful not to be too conclusory—don’t jump too quickly from the issue to the conclusion. You have to “show your work” to get full credit for each issue in a law school essay.

Most professors give you credit for developing each part of the IRAC formula. Generally, fewer points are associated with your identification of the issue and your conclusion; more points are associated with your articulation of the rules that are relevant to the issue and how you apply those rules to the hypothetical facts.

The secret of doing well on law exams lies not only in what you know, but how you apply what you know. You get little credit for just stating a legal conclusion, even if you are correct. You must explain how the law is applied to the facts in the hypothetical, and how your conclusion results from that analysis.

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The Value of Practice Exams in Law School

The fall semester is flying by at a rapid pace, and final exams are quickly approaching. Whether this is your first set of exams or you are an upper-level student with experience taking law school exams, practice exams can be a valuable study tool. Here are some ways that you can use practice exams to improve your preparation for exams:

(1) Practice exams can provide insight into your professor’s expectations. Many professors release at least some of their past exams. Those past exams may be handed out in class, posted to the course website, or put on reserve at the law school library. You miss an important opportunity to understand your professor’s approach to exams if you do not review available past exams. As you look at the exams, ask yourself: Are the essay questions constructed in a way that gives you plenty of time to analyze all legal issues, or are there more legal issues than it is possible to cover in the allotted time? Do multiple choice questions resemble the types of questions that are on the bar exam, and you have to apply the law to hypothetical fact patterns? Or do the multiple choice questions just test your basic understanding of the black letter law? Do they ask for the best answer, or just the correct answer?

(2) Practice exams can help you gauge the effectiveness of your outlining and study strategies. Taking practice exams can help you determine whether your outline includes the information that you need for ultimate success in your final exams. After you take a practice exam, you should note the areas in the practice essays where you either missed legal issues or didn’t fully develop them, and you should also make note of legal issues that were tested in the multiple choice questions you missed. Go back and reevaluate your outline at that point, making sure that you have included everything you needed to answer those types of questions. You may need to add additional detail to your outline, or maybe you discover that reorganizing it will be more helpful. Use the practice exam as a ruler to measure your pre-exam preparations.

When you evaluate your outlines, you may discover that everything that you needed is actually in your outline, but you just don’t know that information well enough to use it on an exam. If that’s the case, set aside more time to review your outlines on a regular basis, and consider whether it would be helpful to create flashcards to help you memorize important legal tests and definitions.

(3) Practice exams can reduce anxiety about testing. Another way practice exams can be helpful is by making you feel more comfortable with the testing process. Many students struggle with anxiety on exam days, and that anxiety can interfere with their ability to be successful in their exams. The more practice exams you take, the more prepared you will feel for that experience. Your brain will be used to thinking about the material in the way that it will be tested, and it should help to reduce your stress. You can come up with strategies for how you will approach different types of questions in advance—there should be no real surprises on exam day.

(4) Practice exams can provide focus for study group meetings. Members of your study group can take practice exams prior to meeting, and then use the meeting to go over those exams. Or your group may take either essay questions or multiple choice questions and answer them together during your meeting. Sometimes talking through practice exams with someone else, who may have a different perspective and identify different legal issues than you have, can be helpful.

Everyone’s heard that slogan, “Practice makes perfect.” Although practice does not guarantee perfect scores on your law school exams, it can help you hone your study strategies, focus your attention on what your professor expects you to know, and reduce test-taking anxiety. Practice exams can help put you on the path to academic success in law school.

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Playing Catch-Up When You’ve Fallen Behind

Image courtesy of jesadaphorn/FreeDigitalPhotos.net

Image courtesy of jesadaphorn/FreeDigitalPhotos.net

By this point in the semester, most law students are in the final stretch of what seems like a very long race. Final exams loom ever closer on the horizon, and you’ve probably realized that you have a lot to get done in the next several weeks. Law school can feel stressful enough under normal circumstances, as writing assignments are coming due and professors are trying to cover the course materials prior to finals. But if you’ve fallen behind in your studies, you most likely are feeling even more pressure.

Law students fall behind for a variety of reasons. Maybe you’ve been sick and missed several classes, and, because you were feeling so poorly, you didn’t keep up with the reading. Maybe you’ve participated in the on-campus interviewing process and have spent more time working on job applications than you’ve spent studying lately. Maybe you’ve been overcommitted to extracurricular activities or focused on other priorities and haven’t had enough time for your studies. Or maybe you just weren’t taking law school as seriously as you needed to, and you now realize that you’ve got a lot to do to earn the grades that will let you achieve your long-term goals. Whatever the cause, you’re realizing that you have to do something now to catch up.

If you’re one of the students that have fallen behind, don’t just give up. If you get started now, you can get your studies back on track before final exams begin. Here are four tips to get you caught up when you’ve fallen behind:

Don’t delay: The longer you wait to attempt to catch up, the harder it will be. Make a commitment to a plan now so that you have the time to do what you need to get done to be successful in your classes.

Don’t give up: Students who fall behind often decide that it is easier to quit trying to catch up than do the hard work necessary to get back on track. They may decide to rely on commercial outlines rather than creating their own outlines or utilize commercially prepared case briefs rather than reading the cases themselves. While this strategy may seem like it gets you caught up much quicker, you will not know the material as well. When you go to apply the law to new hypothetical examples in the final exam, you may not understand the law well enough to be successful in your efforts. It is also important to remember that many of these courses are going to be on the bar exam. You need to study effectively now, so that you have better long-term recall of legal concepts.

Don’t neglect new assignments: Don’t allow current assignments to suffer because you are trying to complete past reading. Sometimes students think they must go back to the place where they got off track in order to get caught up, and they neglect current assignments in the process. Make sure that you first schedule current assignments before adding in the time you need to get caught up. You will get more out of each class if you have done the reading for that class in advance.

Make a plan: Most importantly, you need to make a plan. Getting caught up will take deliberate effort; it will not happen on its own. You need to make a schedule and stick to it. Revisit the study schedule strategies that you had at the beginning of the semester. Map out the remaining reading and writing assignments for the semester, making sure that you’ve scheduled enough time to complete each of those assignments. This schedule should cover the remainder of the semester.

Once you’ve scheduled all forthcoming assignments into your study schedule, you should then create a list of your backlogged tasks. On that list, estimate how long you think it will take you to complete each task. Go through the list and decide which tasks are the highest priority, then the second highest, third highest, etc. You will realize that some tasks are more immediate in terms of importance because you cannot complete your outline until those tasks are done, or because a current topic in a class builds upon the law covered in the backlogged reading. Once you have prioritized your list of backlogged tasks, begin inserting them into the remaining time in your study schedule. Don’t forget to allow time for outlining these assignments as well.

You won’t necessarily be caught back up by the end of the week (unless you were only behind a class or two), but, if you stick to your new study schedule, you will be in a much better position by the time you enter the final exam period. A good study plan can not only keep you on track on a daily basis but also help you to catch back up if you’ve fallen behind.

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7 Strategies for Success on Multiple Choice Exams

In the past two posts, I described how law school multiple choice questions are different than those that appear on undergraduate or high school exams, and we’ve explored some of the common obstacles to success on law school multiple choice exams. As I’ve already mentioned, the most important key to success in law school multiple choice exams is preparation. Today, I want to talk about some additional strategies that can help you answer law school multiple choice questions.

(1) Watch your speed: I’ve mentioned this before, but it’s worth emphasizing again. Take your time as you go through the multiple choice exams. It is easy to feel rushed because time passes so quickly during law school exams. But when students rush, they often choose the wrong answer because they missed a key word and not because they didn’t know the material.

(2) Allocate your time: Allot an equal amount of each time for each question, and stick to that schedule. You should divide your time based upon how much each part of the exam is worth. If you have a 3-hour exam, and the multiple choice section is worth 1/3 of the total points on that exam, then set aside one hour for the multiple choice. If there are 30 multiple choice questions in that section, then you should take approximately 2 minutes for each question. Don’t take time away from the multiple choice when the point distribution signals how much time you should spend on that section.

(3) Don’t add to the question: Ask yourself, what’s on the page? Don’t complete the definition or argument in your mind and conclude that it is correct. This especially becomes a problem when you’ve studied a topic extensively and know it so well that you can define every key term. Be sure that everything is on the page, and that you are not completing things in your head.

On a related note, assume nothing in addition to what has been established or given. Don’t assume the existence of any facts or outcomes. Your professor may be testing whether you recognize that an essential fact is missing!

(4) Ignore red herrings: There are two kinds of facts in multiple choice questions: important facts, and facts that are there to distract you. Make conscious choices about which facts are essential to the question, and don’t let those red herrings lead you off track.

(5) Answer all questions: This may seem obvious, but an additional key to success on multiple choice exams is to answer all questions. Specifically, skipping a question creates the possibility that your remaining answers will be out of order. Answer each of the questions in order, and mark and come back to questions you were not sure of if you have time.

On this same theme, if you begin to run out of time, make sure you leave no answers blank. You will not be penalized if you get the answer wrong, but you have no chance of getting the question right if you don’t put an answer down. If you’re running close on time, make sure that you save enough time to fill in any remaining answers.

(6) Eliminate wrong answers: In law school, you get to the best answer by eliminating answers which can’t be correct. Make sure that you eliminate answers that don’t resolve the issue or focus on a different issue. You should also eliminate answers that apply the wrong legal reasoning, mischaracterize the facts, or misstate the law. In order to be correct, an answer must be correct in every respect.

(7) Make smart guesses: Finally, when you can’t decide what the best answer is, make sure that you make an intelligent guess. Don’t guess until you’ve eliminated any wrong answers that you can identify. Be careful not to overcomplicate the question–the issue that jumps out at you is likely the issue that the correct response addresses. You should also be careful about answers that include absolutes – as you’ve already learned in law school, there are few things in the law that are absolute. That’s one of the reasons why the most common phrase in law school is “It depends.” Words like “must,” “always,” and “never” often (but not always) indicate an incorrect answer.

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