How To Take a Law School Exam
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1. Fill out the exam as instructed. When the starting signal is given, first set up your time schedule. DON'T MAKE MISTAKES ABOUT THIS. When I’m grading exams I’m unforgiving if students make mistakes about time. What does it say about how they'll later practice law where doing things on time is very important?
6. Outline each
essay question before writing out the
answer to any of them. Why? Because your brain will be the freshest at
the start of the exam, so use it to plan the whole exam during that
period. If you spend all your freshness
on the first essay question, and then have to do original thinking on the later
questions when your brain is tired, those questions won’t be as impressive nor
earn as good a grade. Outlining the
whole exam also gives you a sense of its scope and how much time you’ve got for
each question. You don’t want to devote
most of your time to the first essay question when there are two and they count
equally in the grading.
C. EXTRA POINTS
2. Very important
rule: don't do postmortems on the exams by discussing them with the other
students. Violating this rule is a sure
way to panic yourself. Taken
collectively you all know more than any one of you knows individually, so if
you want to scare yourself, postmortems are a sure way to do it. If someone starts to talk about the exam to
you (“Did you see the promissory estoppel issue in question two?”) walk away
quickly. You don’t need to hear things
you may have missed. Go out and have a
drink with non-law students.
"How to Pass the Bar Exam," April 14, 2013;
A. GETTING
STARTED
1. Everyone gives you different advice. Take what sounds right to you and ignore the
rest.
2. The best way
to do well on exams is all too obvious: study! Even if you’ve slacked off until now on this
requirement, it's still not too late to put in the time. Okay, studying is hard work, but whoever said
you only get to do easy things in life?
This is your chosen profession—right?—so it deserves the massive effort
necessary to acquire the knowledge to do your job competently.
3. Clear up things
you still don't understand that are necessary for the exam. What are the foggy parts of your notes? The difficult issues for you in this course? If you can’t figure them out yourself, get
help. Ask your fellow students, consult
other texts or student outlines, contact the professor. But don’t leave major gaps in your knowledge
unfilled.
4. Try to organize the details into a bigger
picture. But don't overdo it. Trivia can
drive you crazy and get you sidetracked. READ THE PROFESSOR. What was important
to him/her in the lectures? Things that
the professor emphasized are likely to be on the exam. Things that were not emphasized are unlikely
to be major features of the exam.
5. Word List. For closed-book essay exams, I recommend you
memorize a short (no more than 20 words) list of topics that are likely to be
on the exam. For example, in a Contracts
course the word list might contain words such as: liquidated damages,
mitigation, forseeability, quasi-contract, etc.
Below I will tell you how to use this list during the exam.
6. Mental
Attitude. This is going to sound
strange, but you should enjoy taking
exams. Why? Well, think about it. For the most part your role in the law school
learning process is passive: you just sit there and absorb things as if you
were a sponge. But when it comes to the
exam you are the active participant, taking stage center, and it’s time to show
off what you know and how well you can present it. As a lawyer you will often be in the position
of taking charge, so here’s your chance to do it while in law school. The opposite attitude (“I hate exams and I’m scared
I’ll do badly”) won’t help you a bit in approaching the exam with the
confidence you should be exhibiting. See
if you can cultivate “I’m good, so get out of my way.”
7. The night
before the exam: GET A GOOD NIGHT’S SLEEP! One of the major things you’ll be tested on is
how well your brain works. If you spent
the night cramming for the exam with coffee, drugs, or who know what, your
brain will be fried and your exam performance dismal. A rested brain is more important than last
minute knowledge gained.
8. If Big
Things Go Wrong. What if the unexpected
happens—you get sick, a family member dies, you get a distress call from your
best friend to fly across country and rescue him/her—should you postpone the
exam? Obviously things can occur that
would keep any rational person from taking the exam on time, and I’m not saying
otherwise. But here should be your rule:
if it is at all possible to take the
exam, do so. I’ve too often seen
students with the opposite attitude (“I hope something comes up so I can duck
the exam!”). A postponed exam has a way
of never getting done. I’ve seen legal
careers wrecked because the postponement of the exam was the end of everything.
9. If Little
Things Go Wrong. You need to consider
ahead of time the small matters that can turn the exam experience into a
nightmare, and develop fail-safe backups.
I’m referring to such things as getting the date or time of the exam
wrong, the alarm clock that doesn’t go off, the car that won’t start, the pen
or computer that won’t work, etc. Make
sure you understand well ahead of time all the rules of the exam, particularly
what you’re allowed to bring with you into the exam and what not, and how to
turn in the exam. Learn the honor code
and pay attention to its rules.
B. THE EXAM
ITSELF
1. Fill out the exam as instructed. When the starting signal is given, first set up your time schedule. DON'T MAKE MISTAKES ABOUT THIS. When I’m grading exams I’m unforgiving if students make mistakes about time. What does it say about how they'll later practice law where doing things on time is very important?
2. Write down
your word list separately and save it.
3. Plan to
answer all the questions asked unless told parts the exam are optional. On
objective questions guess unless told that there are penalties for so
doing. (If enough people miss the same objective question the grader will
frequently throw it out—so get in there and do your share by missing it
too). On essay questions, if you don't
know, fake it. What? Yes, fake it (this is
particularly important on bar exams).
Pretend you’re the monarch of your own jurisdiction and boldly invent
the rules. Our law is not so perverse
that it deviates much from common assumptions, and your guess will often get
you some points, whereas a blank sheet of paper will get you nothing. Some of you reading this are very, very good
at this faking skill, having honed it through years of educational endeavors,
and it’s time to strut your stuff.
4. Inserts and
abbreviations are fine if clear. Don’t
confuse the grader. If you can’t
remember the name of the case you want to cite, describe it (“the hairy hand”
case, for example).
5. On essay
questions, read each question carefully, trying to get a sense of its bigger
meaning. Issues will jump out at you. This will give you a sense of relief, but
it’s no time to relax. Now re-read the question carefully, underlining
important points, making marginal notes about the issues or thoughts you have
you want to include. Now go back and look at the question. Are there major
parts of the essay question about which you are saying nothing? That’s suspicious. Has the professor thrown in surplusage? That would be rare. Most likely there’s some hidden issue in the
unexplored part.
7. Check your
outline against the word list. For each word on the list ask yourself is this
issue hidden in the question. For
example, if one of the words on your word list is “promissory estoppel” ponder
whether there are promissory estoppel issues that you haven’t thought about
presented in the given fact pattern. If
you do this carefully with each of the words on your list, I guarantee you that
ideas will pop into your head that will earn you extra points you would otherwise
have forfeited.
8. It's time to
start writing. On essay questions, should you take it issue by issue or first
present one side’s case and then the other side’s case? The exam may tell you
which to do, but if not, please yourself.
Just make it clear to the grader what you are doing, and then do it
methodically as announced.
9. Answer the exact
question asked. If the question
says “Give the arguments of the parties” don’t begin your answer with “The
court rules that . . .” Your instructor
wants to hear what the parties will
argue. Remember that you’re being
trained to be an advocate, not a judge, so lets hear what you’ll say as a
lawyer.
10. Don't
assume away the hard parts and make the exam too easy. This isn't a contest of
wits; it's a performance, and you’ll
get few points for evading the hard issues.
11. Don't
repeat the facts except as necessary to your analysis. Unnecessarily repeating
the facts is a waste of precious time.
Good attorneys, however, do use the facts to make their points (“The plaintiff
chose to send an email because it was faster than the postal service, thus showing the plaintiff's emphasis on speed”).
11. What issue
should you start with? Here’s valuable
advice: start with the most important issue, the most vital one, the one
at the heart of it all. One of the
things we’re testing you on is whether you can spot the most important
issue. If your answer starts with
something petty that no lawyer is going to spend much time on, this tells the
grader you don’t know what’s important and what’s not, a bad message to convey. The exam has so much time pressure that if you
spend your valuable minutes on minutia you’ll convince the grader you don’t
understand how to hone in on the heart of a controversy. Who wants a lawyer who makes that mistake?
12. On an exam
I want to see the following three things repeated over and over: spotting the
issue, an explanation of the relevant black letter rules of law, and then
an argument about how these rules apply to these facts. Some instructors don’t require you to repeat
the black latter rules of law, but I want to see them. I think that lawyers spend a lot of time
explaining what these rules are (to clients, to the other side, to the judge,
to the jury) and so I’ll judge you on how clearly you can delineate them.
13. Avoid
unexplained value judgments: “The plaintiff's conduct was reasonable." Too
easy to say and it conveys nothing. Back it up with facts and explanations
showing why it was reasonable.
14. Give
parallel arguments. Having presented
the plaintiff’s brilliant argument the student frequently has so impressed
him/herself that he/she then forgets to say what the other side will argue in
response. When you go over the exam with
the professor afterwards the professor will point to this problem and say, “How
often do you think when one lawyer makes an argument that the other lawyer just
sits there, admires it, and gives up?”
We are training you to be an advocate.
Be careful that you don't convince yourself and leave the other side
mum.
1. An exam is a performance: and all good
performances have some things in common, particularly they have a big start
and a big finish. It’s not the goal to get the "right" answer—after all this
isn’t a math exam with just one correct solution.
It's your mastery of the subject and your analysis that's being judged. You’re being compared with others, so your exam must stand out. Therefore add special things: brains, clever
analysis, how this problem would come out in the “real world,” policy, etc. Most
exams are as interesting to read as the printed verse on Christmas cards; make
yours more interesting than the other exams and you’ll get a better grade. Start well, and for heaven’s sake have a
great sentence at the end, typically a policy statement (see below). When I’m grading an exam that just stops
mid-thought (sometimes with the word “TIME” written last), I ask myself what
kind of lawyer is that person going to be, and the answer is that he/she can’t
plan well or get all the important thoughts into the allotted time (skills any
good attorney possesses while bad ones commit malpractice).
2. To get extra
points, put yourself in the place of the person grading the exam. What will
please him/her? What does the instructor want from students? How about humor? Citing cases?
Favorite theories or causes? Does
your instructor have pet peeves? [Mine: “breach” is spelled with an
"a"; don't use exclamation points!] Be as literate as possible (and it’s here that
you English majors will have a leg up on the others].
3. The big finish. Try a policy statement
that explains why the result you’ve come up with will make things better for
the future. Phrase it well. Remember that as soon as you quit writing
this last sentence the instructor immediately assigns a grade, so this is the
moment when impressing the grader is most important.
D. AFTER THE
EXAM
1. If you have
other exams yet to take, stop any thoughts or discussions about this exam
immediately and concentrate on the upcoming ones. Panic later, when all exams are over.
3. Good luck on your exams. Once you’re done with the law school and bar
exam ones, you’ll likely never have to take another exam in your life, so work
towards that happy moment which, trust me, will come.
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Related Posts:
“A Guide to the Best of My Blog”; http://douglaswhaley.blogspot.com/2013/04/a-guide-to-best-of-my-blog.html
"How to Pass the Bar Exam," April 14, 2013;
Thanks for the tips Prof. Whaley!
ReplyDeleteYour tips calmed me down greatly and my exams are going well. So far so good! Thanks so much!
ReplyDeleteI think you are the greatest. I'd use an exclamation point here, to make my point, but I know you don't like 'em.
ReplyDelete