EXAM-TAKING TIPS: Outline of Presentation I. Job Description II. Before You Write III. While You Write IV. Efficient Use Of Time V. Exam Preparation VI. Afterward
Metaphors for Seven Common Exam Errors Wrapping Paper Cabbage Pinball Machine Wine Tasting Sports Ticker Mobius Strip Socket
SO YOU CAN LISTEN … POWER POINT SLIDES WILL BE POSTED ON ACADEMIC ACHIEVEMENT WEBSITE
IMPORTANT BACKGROUND RULE KNOW YOUR AUDIENCE: SPECIFIC INSTRUCTIONS GIVEN BY ONE OF YOUR PROFS RE THAT PROF’S EXAM OVERRULE MY GENERAL ADVICE
I. JOB DESCRIPTION (A) Generally (B) Respond to Prof’s Qs (C) Issue-Spotting Qs
I. JOB DESCRIPTION (A) Generally • Common for Undergrad Exam: Show How Much You Know From Course • NOT the task on Law School Exam
I. JOB DESCRIPTION (A) Generally • Common for Undergrad Exam: Show How Much You Know From Course • NOT the task on Law School Exam • Clients don’t care how much you know; they want you to address their problems
I. JOB DESCRIPTION (A) Generally • NOT to show much you know • Use what you know from course to address new legal problems – Problems likely not exactly what you’ve seen – Address using tools from course (cases, statutes, const. provisions, policy, theory) – Show you know which tools are useful (& which not) for particular problem
I. JOB DESCRIPTION (A) Generally • NOT to show much you know • USE what you know from course to address NEW legal problems • Exam Answer is NOT a Legal Memo – Although Some Overlap in Analysis – Frequently, Instructions/Advice re Formatting/Presentation of Legal Memos Not Applicable to Exam Answer – I Invited a Friend to Show Differences
I. JOB DESCRIPTION (A) Generally Not a m. EMO
I. JOB DESCRIPTION (B) Respond to Prof’s Qs • Law Profs = Precursors of Reality TV • Exam Qs = Challenges – Peculiar Components – Seemingly Random Restrictions – Unrealistic Time Constraints
Contestants, today you will construct a tree house in five hours for twin 11 year old tomboys using 6 folding chairs, 8 wicker baskets, 12 boxes of Captain Crunch, 3 rolls of duct tape, tape and no metal at all. Good Luck !
Students, today you will have 75 minutes to discuss what the result would be in Rocsalt v. Pepper. Co if the case took place in the future and involved a Rocket to Mars instead of a Stagecoach. Ignore any tort issues you see and just discuss the contract. Good Luck !
I. JOB DESCRIPTION (B) Respond to Prof’s Qs • Most Common Faculty Complaint: • “Students Didn’t Respond to My Q!” • = “You Didn’t Do the Challenge” – Maybe Didn’t Incorporate Key Component (“Where’s the Turnip? ”) – Maybe Didn’t Follow the Rules or Restrictions – Maybe Made Assumptions/Decisions That Made Problem Easier to Do
WRAPPING PAPER • Found on the outside of a box.
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 of Limits: – Focus Student Answers – Make Q manageable in time allotted
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 all too easy to dispose of!
I. JOB DESCRIPTION (B) Respond to Prof’s Qs • Follow Instructions/Address Qs Given – Qs can take different forms, so read carefully – Most common form: Issue-Spotter (I’ll Address Specifically at Length) – Look for Limitations on Scope of Q
*COMMON LIMITATIONS* • • • Apply particular case or rule Play particular role Use law from particular jurisdiction Do not discuss … Assume certain facts
EXAMPLE: CRIMINAL LAW • You are Prosecutor • Under the facts above, – which characters would you try to charge, – with what crimes, – how likely are you to convict?
EXAMPLE: CRIMINAL LAW • You are Prosecutor • Under the facts above, – which characters would you try to charge, – with what crimes, – how likely are you to convict? “I SUE DEAD PEOPLE”
I. JOB DESCRIPTION (C) Issue-Spotting Qs DRAFT OF ANALYSIS SECTION OF LEGAL MEMO
I. JOB DESCRIPTION (C) Issue-Spotting Qs • Draft of ANALYSIS SECTION (Only) – No formal Introductions or Conclusions – No separate Fact Section or Questions Presented or Brief Answer • Treat My Problem as Fact Section
I. JOB DESCRIPTION (C) Issue-Spotting Qs • DRAFT of Analysis Section – Imperfect sentences & some bullet points OK (for most Profs) – Getting ideas on paper more important than style or rhetoric
I. JOB DESCRIPTION (C) Issue-Spotting Qs • Equivalent Law Firm Task: Quick Preliminary Briefing – Best You Can Do in Available Time – Informal Presentation – Key Characteristics: Organized. Concise. Clear.
II. BEFORE YOU WRITE (A) Read Carefully (B) Identify Most Important Topics (C) Roughly Organize Your Answer
II. BEFORE YOU WRITE (A) Read Carefully 1) 2) 3) 4) Read/Follow General Instructions Look at “Call of the Question” First Read Text of Q More Than Once If You See a Problem. . .
II. BEFORE YOU WRITE (A) Read Carefully 1) Read/Follow General Instructions – There for a Reason – E. g. Separate Bluebooks – Instructions Sometimes Available in Advance
II. BEFORE YOU WRITE (A) Read Carefully 2) Look at “Call of the Question” First – Understand Task/Challenge Before Reading Body Of Q – Avoid “Wrapping Paper”
II. BEFORE YOU WRITE (A) Read Carefully 3) Read Text of Q More Than Once – Don’t Miss Important Facts & Parallels to Cases (Understand the Challenge) – Student Who Starts Writing 3 Minutes Into Test is Helping Everyone Else
II. BEFORE YOU WRITE (A) Read Carefully 4) If You See a Problem. . . – E. g. , Character Names Seem to Change or “Call of the Question” Missing – E. g. , “Saturday Night Special” & “Sheet Music”
II. BEFORE YOU WRITE (A) Read Carefully 4) If You See a Problem. . . – OK to send Q to Prof via Proctor – OK to note problem in answer & state any assumptions you make in order to address it
II. BEFORE YOU WRITE (B) Identify the Most Important Topics • Usually too much to discuss thoroughly in time you’ll have • Need to identify & prioritize topics most worth your time
CABBAGE • In Fill-the-Grocery-Cart Game, Cabbage takes up lots of space, not worth very much.
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; If Result is Unclear, Go For It ! – Look for Lots of Facts in Problem
CABBAGE • Takes up lots of space, not worth very much • To maximize score, focus on issues lawyers will fight about • Cabbage = Issues nobody would contest – Duty in tort 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, grade likely to be C
II. BEFORE YOU WRITE (C) Roughly Organize Your Answer • Clear Organization … – Helps ME Understand Your Arguments – Helps YOU Keep Track of What Points You’ve Already Made
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.
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 – Make that order visible to the reader
II. BEFORE YOU WRITE (C) Roughly Organize Your Answer • Brief Outline = List of Major Topics – Maybe Some Reminder Notes Under Each Topic – Choose Order in Which You’ll Discuss Them
Sample Outline: Torts • 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. – Res ipsa L BIG Q – Like Allegheny Hosp. (3)
II. BEFORE YOU WRITE (C) Roughly Organize Your Answer Possible Organizational Schemes • Chronology • Major Causes of Action (by Character) • Elements/Factors from Causes of Action (Organization = Part of Analysis) • Decision Trees • Most Complex First
II. BEFORE YOU WRITE (C) Roughly Organize Your Answer – Starting to Write More Important Than Exact Order – Don’t spend 30 minutes doing detailed outline of 60 minute Q – Roughly weight complexity of issues to help allocate time
WINE TASTING • Wine Tasting = One roughly equal taste of each wine offered
WINE TASTING • Wine Tasting = One roughly equal taste of each wine offered • All Issues Are Not Created Equal – Treating all alike is a recipe for C+/B– “Drink More Deeply” of Complex Issues – “Higher Degree of Difficulty” Merits More Time; Yields Richer Results
WINE TASTING • Wine Tasting = One roughly equal taste of each wine offered • All Issues Are Not Equal • Practice Parallel: Boss in a Quick Preliminary Briefing Wants Sense of Relative Complexity of Issues
III. WHILE YOU WRITE (A) Present One Topic at a Time (B) How to Discuss a Single Topic
III. WHILE YOU WRITE (A) Present One Topic at a Time • Fully cover 1 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
III. WHILE YOU WRITE (A) Discuss One Topic at a Time • Fully cover one topic, then go to the next - If using computer, might put outline in first as frame/skeleton of answer. - Provides structure visible to reader - Reminds you of discussions you still need to complete - Provides logical space to make notes of ideas you have out-of-sequence
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 1) IRAC & Its Limits 2) Show All Work 3) Argue Both Sides 4) Use Both Law & Facts 5) Building Block Paragraphs
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 1) IRAC & Its Limits – Recent Current Events Analogy – “Issues” on Exams (v. in briefs or cases) • “Issue” might be “What Rule Applies? ” – “Rules”: Be Concise; Few Points for Merely Stating – “Conclusion”: Which Side Wins Not Very Important for Most Profs; Generally Not Looking for Particular Result, But Best Use of Arguments & Support for Any Conclusions
IRAC v. IR A C v. IRC
SPORTS … TICKER … Cubs 8, Indians 7
SPORTS TICKER • Provides results of sporting events without analysis.
SPORTS TICKER • Provides results of sporting events without analysis. • On exams, always provide analysis before attempting a conclusion.
“CRAC” or “CREAC” or … is Dangerous on Exams Stating conclusion at start of discussion can lead you to over-defend that position and ignore counter-arguments and complications. Even if explicitly asked to reach conclusion, do so after you’ve worked through analysis/ discussion.
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 (“Conclusory”) – Don’t “jump” to conclusion; walk one step at a time.
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 2) Show All Work – Like High School Math – Briefly Make Clear to Me That You Understand Your Arguments and Aren’t Guessing/Fudging – “Because, because, because…” 3) Argue Both Sides
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.
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 significant issue. – One-Sidedness (Very Common 1 L Problem) = Not Doing Half the Problem – Assume the Arguments are There (20$ Bill) • “On the other hand …” • Even if asked to be atty for X, address Y’s best arguments
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. • Creating a Dialogue Generally Preferable to All One Side, then All the Other – Alex Schimel’s “However” & “Nevertheless” – Otherwise Tend to Overstate Arguments & Neglect Nuance
Legal Smeagols
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 4) Use Both Law & Facts • Don’t discuss facts in a vacuum; start with some legal test or principle – Reliance on Precedent/Authority Distinguishes Legal Analysis from Ethics, Philosophy or Political Science.
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 4) Use Both Law & Facts • Don’t discuss facts in a vacuum; start with some legal test • Try to use all the facts in the problem – Assume Everything is There for a Reason – Again, Like Reality Show Challenges
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 4) Use Both Law & Facts • • Don’t discuss facts in a vacuum; start with some legal test Try to use all the facts in the problem • Discuss Unstated Facts – IF Necessary to Resolve Problem – IF Not Inconsistent with Stated Facts
UNSTATED FACTS: FILLING IN GAPS v. ALTERING PROBLEM Marc hit Alex with his car … • To determine tort or crime, necessary to speculate about intent.
UNSTATED FACTS: FILLING IN GAPS v. ALTERING PROBLEM Marc hit Alex with his car … • “If he did so intentionally …” (necessary to speculate about intent) • “If he then refused to take Alex to the hospital …” (altering problem)
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 4) Use Both Law & Facts • • • Don’t discuss facts in a vacuum; start with some legal test Try to use all the facts in the problem Discuss Unstated Facts • Only discuss legal authority you are using to assess problem
SOCKET WRENCHES • If you take your car to be fixed, when you come to pick it up, you don’t 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.
SOCKET WRENCHES • You don’t 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 (“Outline Dump”). Use them to address the exam question.
SOCKET WRENCHES • You don’t 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 (“Outline Dump”). Use them to address the exam question. • Helpful Tip: As soon as you write down a legal test, discuss how it might apply to the facts.
SOCKET WRENCHES • You don’t 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 (“Outline Dump”). Use them to address the exam question. • Helpful Tip: Introducing Cases: Unlike Memo, No Need to Describe Facts of Cases You Use Unless You Intend to Use Those Facts to Make Arguments
SOCKET WRENCHES • You don’t 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 (“Outline Dump”). Use them to address the exam question. • Helpful Tip: Use relevant policy to make arguments – about how to resolve doctrinal ambiguities; or – about which party’s position is stronger.
SOCKET WRENCHES • On your exams, do not simply show me policies. Use them to address the exam question. • Use relevant policy to make arguments about how to resolve doctrinal ambiguities or about which party’s position is stronger. • Policy is a tool, not an accessory!! v.
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 5) Building Block Paragraphs • On a Single Legal Topic • Usually Begin with Legal Rule/Principle & Brief Citation to Authority
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 5) Building Block Paragraphs • On a Single Legal Topic • Usually Begin with Legal Rule/Principle & Citation • Present Arguments for Both Parties re How the Rule/Principle Applies to Relevant Facts and How the Facts Compare to Those of Key Cases – More Extended Dialogue = More Points
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 5) Building Block Paragraphs • On a Single Legal Topic • Usually Begin with Legal Rule/Principle & Citation • Arguments for Both Parties Applying the Rule/Principle • Conclude with Concise Argument(s) re Which Position Seems Stronger & Why (with Reference to Cases, Policy or Common Sense)
III. WHILE YOU WRITE (B) How to Discuss a Single Topic 5) Building Block Paragraphs • • On a Single Legal Topic Usually Begin with Legal Rule/Principle & Citation Arguments for Both Parties Applying the Rule/Principle Argue Which Position Seems Stronger & Why • Practice, Practice
IV. EFFICIENT USE OF TIME (A) Stick Strictly to Time Limits (B) General Tips on Saving Time
IV. EFFICIENT USE OF TIME (A) Stick Strictly to Time Limits!!! • Misallocation of Time Big Problems • Be compulsive about time, not about thoroughly finishing each question (cf. Reality TV Challenges) • In last few minutes, outline what you’d cover if more time
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 1) (Unless Prof Says Otherwise): Use abbreviations & short-form citations. E. g. , – 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
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 2) Replace topic sentences & transitions with headings and subheadings: “I will first discuss the school district’s negligence. Negligence has 4 elements: duty, breach of that duty, causation, and damages. The first element is duty. ”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 2) Replace topic sentences & transitions with headings and subheadings: “I will first discuss the school district’s negligence. Negligence has 4 elements: duty, breach of that duty, causation, and damages. The first element is duty. ” (A) Negl. By Sch. Dist. 1. Duty: … 2. Breach: … 3. Causation: a. b. Cause in Fact … Prox. Cause … etc.
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. Regarding the recurring problem of wordiness, almost all current UM law students, however diligent and competent, tend to thoroughly demonstrate in an unqualified manner the fact that they have a tendency to exhibit the said problem as such, as well as showing redundancy and continued difficulties writing in a concise, brief and to the point way.
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. • You get “Paid” by the idea, not by the word. – Don’t use twenty words if six will do. – Don’t use judicial opinions as models for writing. • Practice to Develop a Concise Style
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , “Under the fact scenario described in the test question, ” “Here, …”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , • The “Jennifer Lopez” move: “On the other hand, in response to these arguments, the defendant is likely to claim that …”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) 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 …”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , • 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. …”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , • 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. …” • Just put down a brief heading identifying 1 st topic & start analysis
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , • Avoid repetition. • Cross-reference discussions of related issues: “Duty analysis same as for hospital above”
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. E. g. , • Avoid repetition, especially in conclusions “To sum up, the school district probably was negligent; the slide rule manufacturer probably isn’t liable; and the contributory negligence claim depends on how the court views predictably stupid behavior by unsupervised teenagers. ” § Bad use of time if simply recap of earlier points § Can use conclusions to add points, e. g. , re relative weight of parties’ overall positions.
IV. EFFICIENT USE OF TIME (B) General Tips on Saving Time 3) Write Concisely. BUT • Point of writing concisely is to save time. • Don’t take even more time to edit your answer during the test even if it seems wordy as you write it
V. EXAM PREPARATION (A) Prof-Specific (B) Outlining (C) Use Old Exams (D) Make Time for Group Work (E) Office Hours/Review Sessions
V. EXAM PREPARATION (A) Prof-Specific • Likely to Vary w Instructor: – Substance of What’s Expected. – Best Process for Studying • Ask Qs: E. g. – Types of Qs on Exam – Choice between Depth & Breadth – Confirm my advice if you are unsure
V. EXAM PREPARATION (B) Outlining • Making v. Looking At – Harry Potter and the Book Award Outline – Multiple Rounds of Summarization • Level of Detail Depends on Course & Material – 17 Cases Total (My Elements) v. 17 Cases/Week (Torts) – Class Time Spent is Useful Guide to Importance • Organize in Way that Makes Sense to You • Open Book Exams: Make One-Page Checklists – Major Issues to Look For – If I See This Issue, Might Talk About …
V. EXAM PREPARATION (C) Use Old Exams • Do Under Exam Conditions (Tennis Analogy) • You’ll Never “Feel Ready”; Do Anyway to Practice & Help Guide Your Studying • Look at Old Model Answers if Available – Imperfect – Evidence of Kind of Answer Professor Likes – Use as Goal for Study Process: “How do I get from here to there? ”
V. EXAM PREPARATION (D) Make Time for Group Work – Consult on Qs re Cases or Class Notes – Identify Likely Issues for Exam – Discuss Hypos & Old Exam Qs. E. g. , • Do Separately & Review Together • Overtired Exercise: How Could We Use This Fact?
V. EXAM PREPARATION (E) Office Hours/Review Sessions MAKE TIME & GO!!
VI. AFTERWARD (A) After Test: Don’t Discuss Substance (B) After Grades: Get Feedback
VI. AFTERWARD (A) Don’t Discuss Substance Immediately After Test Walk Away From Anyone Who Does!!
VI. AFTERWARD (A) Don’t Discuss Substance Immediately After Test – Why It Happens – Issue Kamikaze – Acceptable Conversations – One Moment of Weakness …
VI. AFTERWARD (A) Don’t Discuss Substance Immediately After Test – Why It Happens – Issue Kamikaze – Acceptable Conversations – One Moment of Weakness Four Months of Misery
VI. AFTERWARD (B) After Grades Posted: Get Feedback – Own Your Grades! – Compare Your Answers to Prof’s Comments & Models – Follow-Up w Profs Where Available
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