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