EXAM-TAKING TIPS

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EXAM-TAKING TIPS

• Job Description
• Before You Write
• While You Write
• Efficient Use Of Time
• Exam Preparation
• Afterward

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7 COMMON EXAM ERRORS

• Wrapping Paper
• Cabbage
• Pinball Machine
• Wine Tasting
• Sports Ticker
• Mobius Strip
• Socket Wrenches

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IMPORTANTBACKGROUND RULE

• KNOW YOUR AUDIENCE
• SPECIFIC INSTRUCTIONS
• GIVEN BY ONE OF YOUR PROFS
• RE THAT PROFS EXAM
• OVERRULE MY GENERAL ADVICE

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JOB DESCRIPTION
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JOB DESCRIPTION

• Common Undergrad Show How Much You Know From
  Course
• NOT the task on Law School Exam
• Clients dont care how much you know they want
  you to address problems

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JOB DESCRIPTION

• NOT to show how much you know
• Use what you know from course to address new
  legal problems
• Problems likely not exactly like what youve seen
• Use tools from course (cases, statutes, const.
  provisions, policy, theory)
• Show you know which tools are useful which not

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JOB DESCRIPTION

• NOT to show how much you know
• Use what you know from course to address new
  legal problems
• Follow instructions/Address the questions you are
  given
• Most Common Faculty Complaint
• Qs can take different forms Read Carefully
• Most common form Issue-Spotter

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JOB DESCRIPTIONISSUE-SPOTTING QUESTION

• DRAFT OF
• ANALYSIS SECTION
• OF LEGAL MEMO

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JOB DESCRIPTIONISSUE-SPOTTING QUESTION

• Draft of ANALYSIS SECTION
• No elaborate introductions/conclusions
• No separate fact section or questions presented

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JOB DESCRIPTIONISSUE-SPOTTING QUESTION

• DRAFT of Analysis Section
• Imperfect sentences OK (for most Profs)
• Getting ideas on paper more important than style
  or rhetoric

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JOB DESCRIPTIONISSUE-SPOTTING QUESTION

• Draft of Analysis Section
• Equivalent Law Firm Task Quick Preliminary
  Briefing

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BEFORE YOU WRITE
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BEFORE YOU WRITE

• Read/Follow General Instructions
• Read Each Question Carefully More Than Once
• Look at Call of the Question First For Specific
  Task Any Limitations
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer

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BEFORE YOU WRITE

• Read/Follow General Instructions
• There for a Reason
• E.g. Separate Bluebooks

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BEFORE YOU WRITE

• Read/Follow General Instructions
• Read Each Question Carefully More Than Once
• Look at Call of the Question First For Specific
  Task Any Limitations
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer

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BEFORE YOU WRITE

• Read Each Question Carefully More Than Once
• Most Common Errors
• Misread Instructions to Question
• Miss Important Facts
• E.g., I sue dead people.

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BEFORE YOU WRITE

• Read Each Question Carefully More Than Once
• Most Common Errors
• Misread Instructions to Question
• Miss Important Facts
• Student Who Starts Writing 3 Minutes Into Test is
  Helping Everyone Else

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BEFORE YOU WRITE

• Read/Follow General Instructions
• Read Each Question Carefully More Than Once
• Look at Call of the Question First For Specific
  Task Any Limitations
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer

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WRAPPING PAPER
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WRAPPING PAPER

• Found on the outside of a box.

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WRAPPING PAPER

• Found on the outside of a box.
• If the Professor gives you limits on the scope of
  the question, stay within the box you are given
  to work with. Purposes
• Focus Answers
• Make Q manageable in time allotted

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WRAPPING PAPER

• Found on the outside of a box.
• If the Professor gives you limits on the scope of
  the question, stay within the box you are given
  to work with.
• Wrapping paper is easy to dispose of

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COMMON LIMITATIONS

• Apply particular case or rule
• Play particular role
• Use law from particular jurisdiction
• Do not discuss
• Assume certain facts

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BEFORE YOU WRITE

• Read/Follow General Instructions
• Read Each Question Carefully More Than Once
• Look at Call of the Question First For Specific
  Task Any Limitations
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer

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CABBAGE
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CABBAGE

• In Fill-the-Grocery-Cart Game, Cabbage takes up
  lots of space, not worth very much

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CABBAGE

• Takes up lots of space, not worth very much
• To maximize score, focus on issues lawyers will
  fight about
• Hard-to-Resolve Issues yield most points
• Reject Undergrad Tendency to Avoid Unknown
• Look for Lots of Facts in Problem

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CABBAGE

• Takes up lots of space, not worth very much
• To maximize score, focus on issues lawyers will
  fight about
• Issues nobody will contest are cabbage.
• Duty in case where operating MD harms patient
• Pers. J. in case where D works/lives in state
• Spend little time on if focus on cabbage even
  if everything you say is correct relevant, you
  get C

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BEFORE YOU WRITE

• Read/Follow General Instructions
• Read Each Question Carefully More Than Once
• Look at Call of the Question First For Specific
  Task Any Limitations
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer

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PINBALL MACHINE
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PINBALL MACHINE

• When operating a pinball machine, you try to
  score as many points as possible without worrying
  about the order in which you hit them.

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PINBALL MACHINE

• When operating a pinball machine, you try to
  score as many points as possible without worrying
  about the order in which you hit them.
• When writing an exam, make your points in a
  logical order and make that order apparent to the
  reader.

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BEFORE YOU WRITE

• Roughly Organize Your Answer
• Brief Outline List of Major Topics
• Maybe some reminder notes under each
• Choose Order Youll Discuss Them

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SAMPLE OUTLINE

• P v. Driver (2)
• Viol of Statute
• Prx. Cause?? BIG Q
• Contrib Negl (Comparative?)
• P v. Carco (1)
• Duty to P
• Design Defect (GM case??)
• P v. Hosp. (3)
• Res ipsa L BIG Q
• Like Allegheny Hosp.

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POSSIBLEORGANIZATIONAL SCHEMES

• Chronology
• Major Causes of Action (by Character)
• Elements/Factors from Causes of Action
• Decision Trees
• Most Complex First

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BEFORE YOU WRITE

• Roughly Organize Your Answer
• Getting Going More Important Than Exact Order
• Dont spend 30 minutes doing detailed outline of
  60 minute Q
• Roughly weight complexity of issues to allocate
  time

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Wine Tasting
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WINE TASTING

• One roughly equal taste of each wine offered

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WINE TASTING

• One roughly equal taste of each wine offered
• All issues are not alike
• Equality is a recipe for C/B-
• Drink More Deeply of More Complex Issues
• Higher Degree of Difficulty Merits More Time
  Yields Richer Results

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WINE TASTING

• One roughly equal taste of each wine offered
• All issues are not alike
• Boss in a Quick Preliminary Briefing wants sense
  of Relative Complexity of Issues

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WHILE YOU WRITE
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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Fully cover one topic, then go to the next
• Same method re subheadings of particular topic
  (e.g., elements of tort or Adv. Poss.)
• If you have ideas about subsequent topics while
  writing, note on side or below
• If using computer, might put outline in first to
  serve as frame

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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WHILE YOU WRITE

• The limits of IRAC
• Current Events Analogy
• Issues on Exams (v. in briefs or cases)
• Rules Be Concise Few Points for Stating

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IRAC v.IRACv.IRC
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SPORTS TICKER
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SPORTS TICKER

• Provides results of sporting events without
  analysis.

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SPORTS TICKER

• Provides results of sporting events without
  analysis.
• On exams, always provide analysis before
  attempting a conclusion.

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CRAC is Dangerous on Exams

• Can lead you to over-defend your stated
  conclusion and ignore complications and
  counter-arguments.

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SPORTS TICKER

• Provides results of sporting events without
  analysis.
• On exams, always provide analysis before
  attempting a conclusion.
• On an open book exam, virtually no points for
  stating a rule then an unsupported conclusion.

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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MOBIUS
STRIP
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MOBIUS STRIP

• A single loop of ribbon or paper with a
  half-twist built into it. Its most notable
  quality is that it has only one side.

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MOBIUS STRIP

• A single loop of ribbon or paper with a
  half-twist built into it. Most notable quality
  is that it has only one side.
• Look for serious arguments on at least two sides
  of each issue.
• One-Sidedness Very Common Problem
• Assume the Arguments are There (20 Bill)
• On the other hand
• Even if asked to be atty for X, address Ys best
  arguments

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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USE OF LAW FACTS

• Dont discuss facts in a vacuum start with some
  legal test

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USE OF LAW FACTS

• Dont discuss facts in a vacuum start with some
  legal test
• Try to use all the facts in the problem

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MISSING FACTS FILLING IN GAPS v. ALTERING PROBLEM

• Marc hit JoAnne with his car
• Necessary to speculate about intent.

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MISSING FACTS FILLING IN GAPS v. ALTERING PROBLEM

• Marc hit JoAnne with his car
• If he did so intentionally (necessary to
  speculate about intent)
• If he then refused to take her to the hospital
  (altering problem)

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USE OF LAW FACTS

• Dont discuss facts in a vacuum start with some
  legal test
• Try to use all the facts in the problem
• Only discuss legal authority you are using to
  assess problem

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Socket Wrenches
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SOCKET WRENCHES

• If you take your car to be fixed, when you come
  to pick it up, you dont want the mechanic to
  show you his socket wrenches and brag about what
  fine tools they are you want to see that he used
  the tools to fix the car.

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SOCKET WRENCHES

• You dont want the mechanic to show you his
  socket wrenches and brag about what fine tools
  they are.
• On your exams, do not simply show me rules,
  tests, policies, or facts of cases. Show me that
  you know how to use them to address the exam
  question. Helpful tip as soon as you write down
  a legal test, apply it.

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USE OF LAW FACTS

• Dont discuss facts in a vacuum start with some
  legal test
• Try to use all the facts in the problem
• Only discuss legal authority you are using to
  assess problem

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WHILE YOU WRITE

• Discuss One Thing At a Time
• Discussions of a Single Topic
• The limits of IRAC
• Show All Work
• Argue Both Sides
• Use Both Law Facts
• The Building Block Paragraph

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The Building Block Paragraph

• On a Single Legal Topic
• Begins with Legal Rule or Principle Citation to
  Authority
• Arguments for Both Parties About How the
  Rule/Principle Applies to Relevant Facts and How
  the Facts Compare to Those of Key Cases
• Concludes with Brief Argument(s) About Which
  Sides Position Seems Stronger (with Reference to
  Cases, Policy or Common Sense)

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EFFICIENT USE OF TIME
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Stick Strictly to Time Limits!!!

• Misallocation of time ? Big problems
• Be compulsive about time, not about thoroughly
  finishing each question
• Last few minutes, outline what youd cover if time

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General Tips on Saving Time

• Use abbreviations short-form citations
• Albert Beatrice A B
• Personal Jurisdiction Pers. J. or PJ
• D will claim no Pers. Jurisd. (PJ)
• Brown v. Board of Education of Topeka Brown

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General Tips on Saving Time

• Avoid lengthy introductions
• This is a very complicated problem raising many
  issues we have discussed in class. Both parties
  have significant arguments that support their
  position and that have substantial policy
  implications.
• (1Ls Hand Grenades)

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General Tips on Saving Time

• Replace topic sentences transitions with
  headings and subheadings
• I will first discuss the school districts
  negligence. Negligence has 4 elements duty,
  breach of that duty, causation, and damages. The
  first element is duty.

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General Tips on Saving Time

• Replace topic sentences transitions with
  headings and subheadings
• I will first discuss the school districts
  negligence. Negligence has 4 elements duty,
  breach of that duty, causation, and damages. The
  first element is duty.
• Negl. By Sch. Dist.
• Duty
• Breach
• Causation
• Cause in Fact
• Prox. Cause etc.

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General Tips on Saving Time

• Write Concisely
• E.g., The Jennifer Lopez move
• On the other hand, in response to these
  arguments, the defendant is likely to claim that
  ?

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General Tips on Saving Time

• Write Concisely
• E.g., The Jennifer Lopez move
• On the other hand, in response to these
  arguments, the defendant is likely to claim that
  ?
• BUT

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General Tips on Saving Time

• Avoid repetition, especially in conclusions
• Cross-reference discussions of related issues
  Duty analysis same as for hospital above
• To sum up, the school district probably was
  negligent the slide rule manufacturer probably
  isnt liable and the contributory negligence
  claim depends on how the court views predictably
  stupid behavior by unsupervised teenagers. (Bad
  use of time if simply recapping earlier points)

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EXAM PREPARATION
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EXAM PREPARATION

• Outline
• Making v. Looking At
• Level of Detail Depends on Course
• Organize so Makes Sense to You
• Open Book Exams Make Checklists
• Major Issues to Look For
• If I See This Issue, Might Talk About

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EXAM PREPARATION

• Use Old Exams
• Do Under Exam Conditions
• Youll Never Feel Ready Build in Anyway
• Look at Old Model Answers if Available
• Imperfect
• Evidence of Kind of Exam Professor Likes
• Use as Goal for Study Process How do I get
  there?

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EXAM PREPARATION

• Make Time for Group Work
• Consult on Qs from Cases/Classnotes
• Discuss Hypos Old Exam Qs
• Identify Likely Issues for Exam
• Go to Office Hours/Review Sessions

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AFTERWARD
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AFTERWARD

• Dont discuss test immediately after test (upon
  pain of near complete ostracization).

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AFTERWARD

• Get feedback after grades posted
• Own Your Grades!
• Compare Your Exam to Teachers Comments Models
• Follow-Up w Instructors Where Available

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Questions?