How to Take A Law School Exam

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HOW TO TAKE A LAW SCHOOL EXAM
LOUISIANA STATE UNIVERSITY LAW SCHOOL
I.
General Tips before exam
 Before the exam, condense your outline to a short outline/ checklist.
 Practice old exams and possibly do one under time constraints. Compare with
model answers and study group.
II.
Tips about exam
 In an open book exam, have your checklist next to exam. In closed book, you may
want to write down your checklist immediately.
 Read instructions. Browse through exam and see how many questions and how
much time to allot to each question.
 Think of your answer as a memo to a lawyer who knows nothing, not the teacher
who knows everything. Thus, you have to explain everything to the reader.
 Think of yourself as advising your boss: you want to advise him or her of the
strengths and weaknesses of the argument. You’re writing a memo, not a brief. Advise
the reader of all reasonably possible outcomes (not simply a conclusion).
 Don’t simply lay out different arguments and counterarguments … tell the reader
the relative strengths and weaknesses. You should evaluate which arguments are likely to
be strong or weak.
III.
Beginning your answer
 Read the question at least twice before you start writing. Read it quickly the first
time to get an idea of what is going on.
 As you read through the question a second time, start writing down thoughts
concerning legal issues. Highlight important facts.
 After reading the question a second time, formulate a BASIC plan or outline
(nothing too elaborate; you do not have time for that). About a ¼ of your time.
 Stylistic advice: in general, avoid introductions of any length (as well as
summaries of your analysis at the end). This is hard advice because this is not necessarily
“good writing.” Just jump straight to, “the first issue here is… .” Goal is to score points.
IV.
What should you discuss?
 All issues that are potentially troublesome should be addressed. If the case before
you was an actual case, and you were an attorney working on it, ask yourself whether a
particular issue would be a point of contention. If so, raise it.
 When in doubt, cover it (if time permits, so leave it to the end).
 You will normally not lose points for saying something irrelevant.
 But at the same time, do not be non-responsive.
 Also, even if an issue seems to resolve the entire case, keep the discussion going.
“However, if personal jurisdiction is found, then the next issue would be…”
V.
IRAC
 ISSUE: Identify the legal issue you are addressing. This must be clear and
concise. It must be clear exactly what legal theory you will be addressing.
 RULE: This is a shorthand reference to the legal principles that govern the issue
at hand. May be a statement, a definition, or a list of factors (this may involve describing
important case law, although not usually). May encompass one or more paragraphs
(maybe more), depending on complexity of governing law. Very important to make a
statement of governing rules before you say anything about facts in question.
 APPLICATION OF LAW TO FACTS (ANALYSIS): Don’t simply restate facts.
Consider ALL facts. Professor probably is not going to put in irrelevant facts. Do not
simply render superficial and conclusory application of law to facts. Professors expect a
detailed treatment of the facts. Apply the rule you stated earlier. If you state three factors
or prongs, analyze each in an organized fashion.
 CONCLUSION: Least important. Do not spend much time deciding which
arguments should prevail; simply tell relative strengths and weaknesses.
VI.
GENERAL TIPS
 Keep “Issues” separate. Begin new paragraphs. Possibly use headings, if
appropriate. Do not label IRAC. Do not underline key words and phrases (most of the
time). People differ on this.
 Use full sentences. Keep sentences simple! NEVER try to present two distinct
thoughts in the same sentence. Use short paragraphs to move from one point to another.
Easier to read and forces you to organize your thoughts.
VII.
TIME MANAGEMENT
 Do not leave early. You’ve studied forever, might as well spend a few extra
moments re-reading exam and your answer. The more issues you find, the better.
 If a prof. gives time guidelines, use them.
 If you run into time problems at the end, mention everything briefly rather than
getting into detailed explanation of one type of homicide. Mention and define different
types of homicide, rather than discussing one of them in detail.
VIII. AFTER THE EXAM
 DO not speak to anyone after the exam
 Try to take the night off after an exam. Start afresh the next day after a good
night’s rest. Hold off on drinking.
 Forget about it.
http://faculty.law.lsu.edu/toddbruno/HOW%20TO%20TAKE%20A%20LAW%20SCH
OOL%20EXAM.htm
Accessed 4-11-13
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