EXAM-TAKING TIPS
– Job Description
– Before You Write
– While You Write
– Efficient Use Of Time
– Exam Preparation
– Afterward
7 COMMON EXAM ERRORS
– Wrapping Paper
– Cabbage
– Pinball Machine
– Wine Tasting
– Sports Ticker
– Mobius Strip
– Socket Wrenches
WARNING:
• Most of what I’ll say probably applicable to
most law school exams
• Need to check re your own professors
– Look at old exams & model answers
– Talk to Prof
– Talk to Dean’s Fellow
• Read Instructions for Particular Questions
JOB
DESCRIPTION
JOB DESCRIPTION
• NOT to show how much you
know
JOB DESCRIPTION
• NOT to show how much you know
• Use what you know from course
to address new legal problems
JOB DESCRIPTION
• NOT to show how much you know
• Use what you know from course to
address new legal problems
• Address the questions you are
given
JOB DESCRIPTION:
ISSUE-SPOTTING QUESTION
DRAFT OF
ANALYSIS SECTION
OF LEGAL MEMO
JOB DESCRIPTION:
ISSUE-SPOTTING QUESTION
• No elaborate introductions or
conclusions
JOB DESCRIPTION:
ISSUE-SPOTTING QUESTION
• No elaborate introductions/conclusions
• No separate fact section or questions
presented
JOB DESCRIPTION:
ISSUE-SPOTTING QUESTION
• No elaborate introductions/conclusions
• No separate fact section/questions
presented
• Imperfect sentences OK
JOB DESCRIPTION:
ISSUE-SPOTTING QUESTION
• No elaborate introductions/conclusions
• No separate fact section/questions
presented
• Imperfect sentences OK
• Getting ideas on paper more
important than style or rhetoric
BEFORE
YOU WRITE
BEFORE YOU WRITE
• Read/Follow General Instructions
BEFORE YOU WRITE
• Read/Follow General Instructions
• Read Each Question Carefully More
Than Once
BEFORE YOU WRITE
• Read/Follow General Instructions
• Read Each Question Carefully More
Than Once
• Look at Call of the Question First
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.
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
COMMON LIMITATIONS
•
•
•
•
•
Apply particular case or rule
Play particular role
Use law from particular jurisdiction
Do not discuss …
Assume certain facts
BEFORE YOU WRITE
• Read/Follow General Instructions
• Read Each Question Carefully More
Than Once
• Look at Call of the Question First
• Select Most Important Topics to
Discuss
CABBAGE
• Game Show: Grocery Cart Race for $$$
– Useful Items: Meat, drugs, saffron
– Cabbages & Cantaloupes: Take up lots of
space, not worth very much
CABBAGE
• When choosing among issues, maximize
score by focusing on issues lawyers will
fight about
CABBAGE
• When choosing among issues, maximize
score by focusing on issues lawyers will
fight about
• Issues nobody will contest are cabbage.
BEFORE YOU WRITE
• Read/Follow General Instructions
• Read Each Question Carefully More Than
Once
• Look at Call of the Question First
• Select Most Important Topics to Discuss
• Roughly Organize Your Answer
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 and make
that order apparent to the reader.
POSSIBLE
ORGANIZATIONAL SCHEMES
•
•
•
•
•
Chronology
Major Causes of Action (by Character)
Elements/Factors from Causes of Action
Decision Trees
Most Complex First
Roughly Organize Your Answer
Outline Before You Write
• List Major Issues to Discuss
• Negl by Truck Driver
• Prod. Liab.: Truck Mfr.
• Negl by Nurse
• Jt/Several
Roughly Organize Your Answer
Outline Before You Write
• List Major Issues to Discuss
• List Some Details/Arguments You’ll Cover
• Negl by Truck Driver
– Speeding; Stat Viol
– Contrib by P
• Prod. Liab.: Truck Mfr.
–
–
–
–
Which Rule Applies
Rel. of Industry Stds
Signif of Subseq Modification
Causation??!!
• Negl by Nurse
– Shd Double-Check Pill Bottle?
– Causation?
• Jt/Several
– Statute Looks Like Indiana
Roughly Organize Your Answer
Outline Before You Write
• List Major Issues to Discuss
• List Some Details/Arguments You’ll Cover
• Indicate Order & Rough Weight/Time
• Negl by Truck Driver (2) 5-10mins?
– Speeding; Stat Viol pretty quick?
– Contrib by P
• Prod. Liab.: Truck Mfr. (1) 20-25 mins?
–
–
–
–
Which Rule Applies (B)
Rel. of Industry Stds (D) pretty quick
Signif of Subseq Modification (C)
Causation??!! (A) lot here
• Negl by Nurse (3) 10-15 mins
– Shd Double-Check Pill Bottle?
– Causation?
lot here
• Jt/Several (4) (if time)
– Statute Looks Like Indiana
WINE TASTING
• Take one roughly equal taste of each
wine offered
WINE TASTING
• One roughly equal taste of each wine
• All issues are not alike; drink more
deeply of more complex issues
Roughly Organize Your Answer
Outline Before You Write
• List Major Issues to Discuss
• List Some Details/Arguments You’ll Cover
• Indicate Order & Rough Weight/Time
Don’t Spend 38 Minutes Outlining 1 Hour Q
WHILE
YOU WRITE
WHILE YOU WRITE
• Discuss One Thing At a Time
– Finish one major issue before starting next
– If you have ideas about other issues, jot
them on outline
– Do separate paragraph or section to discuss
interaction between major issues
IRAC
v.
A
IR
v.
IRC
C
WHILE YOU WRITE
• Discuss One Thing At a Time
• Show All Work
SPORTS …
TICKER …
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.
– No points for unsupported conclusion
– May commit you too strongly to stated position
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 simply stating a rule then an
unsupported conclusion.
WHILE YOU WRITE
• Discuss One Thing At a Time
• Show All Work
• 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 halftwist built into it. Its most notable quality is
that it has only one side.
• Assume there are serious arguments on at
least two sides of each major issue.
WHILE YOU WRITE
•
•
•
•
Discuss One Thing At a Time
Show All Work
Argue both sides
Use Both Law and Facts
USE OF LAW & FACTS
• Don’t discuss facts in a vacuum
– Start with some legal test
– Use it to structure your arguments
USE OF LAW & FACTS
• Don’t discuss facts in a vacuum;
• Try to use all the facts in the problem
USE OF LAW & FACTS
• Don’t discuss facts in a vacuum; start
with some legal test
• Try to use all the facts in the problem
• Only refer to 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. Show
me that you know how to 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.
• Show me that you know how to use rules,
tests, policies, or facts of cases to address
the exam question.
• As soon as you write down a legal test,
apply it.
WHILE YOU WRITE
•
•
•
•
Discuss One Thing At a Time
Show All Work
Argue both sides
Use Both Law and Facts
• Briefly Discuss Which Position is
Stronger
EFFICIENT
USE OF
TIME
General Tips on Saving Time
• Use abbreviations & short-form citations
– Party Names: Albert & Beatrice = A & B
– Case Names: Pennsylvania Coal Co. v. Mahon = Mahon
– Long Words/Phrases Used Repeatedly
• Negligence = Neg.
• Government = Govt
– If not obvious, just indicate the first time you use:
• “Personal Jurisdiction (PJ) …”
• “Res Ipsa Loquitur (RIL) …”
General Tips on Saving Time
• Use abbreviations & short-form citations
• Avoid lengthy introductions:
This is a complex problem involving several causes of
action, including possibly negligence by several
different parties, some of whom will have defenses,
including contributory negligence. I will discuss each
claim in turn followed by relevant defenses.
General Tips on Saving Time
• Use abbreviations & short-form citations
• Avoid lengthy introductions
• Replace topic sentences & transitions
with headings and subheadings
The first issue I will discuss is adverse
possession. Adverse possession has five
elements: actual, continuous, open &
notorious, exclusive, and adverse/hostile.
I first will address the “actual” element.
The first issue I will discuss is adverse
possession. Adverse possession has five
elements: actual, continuous, open &
notorious, exclusive, and adverse/hostile.
I first will address the “actual” element.
Adverse Possession:
(1) Actual:
General Tips on Saving Time
• Use abbreviations & short-form citations
• Avoid lengthy introductions
• Replace topic sentences & transitions with
headings and subheadings
• Write concisely
On the other hand, in response to
these arguments, the other side will
probably rely on Ortiz v. Jeter to
argue that it is unnecessary for a
plaintiff to have pled a negligence
claim with specificity.
On the other hand, in response to these
arguments, the other side will probably
rely on Ortiz v. Jeter to argue that it is
unnecessary for a plaintiff to have pled a
negligence claim with specificity.
BUT plaintiff need not plead negl. w
specificity. Ortiz.
General Tips on Saving Time
• Use abbreviations & short-form citations
• Avoid lengthy introductions
• Replace topic sentences & transitions with
headings and subheadings
• Write concisely
• Avoid repetition, especially in conclusions
EXAM
PREPARATION
EXAM PREPARATION
• Allocate Available Time
EXAM PREPARATION
• Allocate Available Time
• Outline (or Equivalent Summary of
Arguments in Course)
– Prep for Open Book Exams as though Closed
– EXCEPT: Checklists for Open Book
EXAM PREPARATION
• Allocate Available Time
• Outline
• Use Old Exams
EXAM PREPARATION
•
•
•
•
Allocate Available Time
Outline
Use Old Exams
Make Time for Group Work
EXAM PREPARATION
•
•
•
•
•
Allocate Available Time
Outline
Use Old Exams
Make Time for Group Work
Go to Office Hours/Review Sessions
AFTERWARD
AFTERWARD
• Don’t discuss substance of test
immediately after test
AFTERWARD
• Don’t discuss substance of test
immediately after test
• Do get feedback after grades posted
REPEAT WARNING:
• Most of what I’ll say probably applicable to
most law school exams
• Need to check re your own professors
– Look at old exams & model answers
– Talk to Prof
– Talk to Dean’s Fellow
• Read Instructions for Particular Questions