Last Minute Outlining

As the semester comes to an end, students scramble to complete their course outlines. If students fail to understand the purpose of outlining, however, these efforts can be a waste of time. First and foremost, outlining is part of the review process and should be done on a weekly basis throughout the semester. But, if you haven’t been outlining diligently throughout the semester (which can be quite common), don’t despair! Here are few tips that can help you get back on track.

Focus on Rules, not on Cases – The most common mistake I see when reviewing course outlines is documents that are full of facts about the cases. If you don’t know already, most professors do not require you to reference the facts from individual cases on your exams. There are, of course exceptions, so ask your professors for more detail on this point.

Assuming for a moment that your professors follow the majority approach, they will want to see correctly defined legal principles on your bluebook exams. If that’s true, then having lots of details from the cases in your outline is not very helpful. This is particularly true if your outline looks like a series of case briefs where the cases dominate and the holding is buried somewhere in the middle of the brief.

Instead, flip this orientation on its head. Reduce the case down to a single sentence that represents your takeaway message. This takeaway message will be some variation of the rule announced by the case. Do not simply delete the facts (or reasoning) from the cases, however, because they still have a role. Once you have extracted the rule, the material facts from the case act as an illustration of when that rule will apply. The facts, in a sense, define the rule, but do not include every fact from the case in your illustration. Before including additional material from the cases, ask yourself a simple question. Was this information relevant to the court’s resolution of the case? In most instances, all you need is 2-3 sentences from a case to help illustrate the rule. Don’t be afraid to cut out unnecessary material. Because making these sorts of judgments is an important step in developing your analytical skills.

Create an Outline that is Relational, Not Chronological – Particularly when they are pressed for time, students tend to create an outline that chronologically lists cases in the order they were discussed in class. This may be appropriate in some instances, but keep in mind that professors often have pedagogical reasons for teaching material in a certain order. For example, my contracts professor – a long, long time ago - started the course with the concept of damages. This made sense because it was a relatively straightforward concept that we, as new 1Ls, could handle early in the semester. It made no sense, however, to begin my outline with this topic because damages are the end of the contracts story.

The processor of organizing an outline chronologically and logically is much easier if you follow my first step of focusing on rules, not cases. With the rules at the top of each case discussion, it is much easier to see which rules are related to each other. In some instances, the relationship will take this form - a rule, exceptions to that rule, and jurisdictionally different approaches to the rule. This is the simplest level of organization.

Another level of organization might, for example, illustrate the order in which you should address concepts. Using civil procedure as an example, the general idea of subject matter jurisdiction would come before the individual concepts of arising under jurisdiction and diversity jurisdiction. Then, I would address diversity jurisdiction and its attendance principles – domicile and its definition, complete diversity, corporate diversity (dual domicile), amount in controversy, etc. Once I have completed this section, I am ready to work on arising under jurisdiction as a separate, but related, concept.

This approach of categorizing and organizing will help your exam performance in two important ways. First, it will be much easier to remember the concepts if they are organized in a logical way as opposed to a long list of several dozen ideas. Second, exam answers will follow, at least partially, the organization in your outline. The organized principles will act like a path or trail in the woods, which will keep you (and the professor reading your bluebook exam) from getting lost.

Include the Hypos – Be sure that your outline includes every hypo used in class. Organizationally, the hypos act like the cases – they are just another illustration of the application of a rule to a set of factual circumstances. The hypos may be even more valuable than the cases, however, because they are strong indicators that your professor thinks a rule needs further explanation. If a rule is worthy of further explanation, a fact pattern addressing the issue is worthy of inclusion on an exam.

Shorten the Outline as Exams Approach – A long outline is not a problem as long as you have been diligent about removing irrelevant material. Initially, a longer outline will help you reconnect with principles that were covered weeks, or even months, earlier in the year. As exams approach, shorten the outline. You can save the larger version as a reference tool in a separate file. Eventually, a 40+ page outline can be reduced down to a couple of pages in the days immediately before an exam. These few remaining pages represent the course’s key ideas and organizational concepts. Finally, memorize this “skeletal” outline and use it to organize your examination answers.

Professor Herbert N. Ramy

ASP Director

Suffolk University Law School

Prof. McKinney’s “TOP 10 Things That Get In Your Way When Reading in Law School”

1. Reading with a closed mind.

2. Panicking over confusion.

3. Reading for too long in one sitting without a break or consciously (or unconsciously) rewarding yourself for studying for long hours rather than rewarding yourself for studying efficiently and effectively.

4. Not scheduling enough reading time to understand the material, or failing to skim less important information and slow down when hitting key language.

5. Not scheduling at all – “reading until I get it.” Students who adopt a “reading until I get it” mantra sometimes also reward themselves (consciously or unconsciously) for working long hours rather than for working efficiently and effectively (a better goal).

6. Reading cases in isolation from one another and from surrounding material in the casebook (most especially, from Notes and Problems).

7. Reading as if you are still in your prior discipline. Different disciplines benefit from different reading strategies and have different purposes. Look, for example, how lawyers use policy v. how political scientists might view policy.

8. Looking for the rules in exact words – often rules have to be inferred from the action the court took.

9. Perfectionism: (a) Writing perfect briefs. (b) Striving to have the perfect answer in class. (c) Writing down everything during class (d) Reading sequentially without being willing to take some guesses as to meaning and test them as you read on later.

10. Lack of attention to either (a) detail (what’s the “exact” legal question in front of the court – what did the court expect the parties to show to establish a claim or defense in this court?); or (b) the big picture (how does this case help me better understand this area of law? What are the broad-sweeping issues that courts are influenced by in this area of law?)

This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).

Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.

Prof. McKinney’s “TOP 10 Ways to Save Time and Net Better Results when Reading in Law School”

1.Never, ever read when you’re too tired to get it. Take a break.

2. Read in an enjoyable spot that is conducive to efficient work and a sense of serenity and security. Don’t read where you’re likely to fall asleep.

3. When reading a case, find the exact legal question in front of the court, how the court answered that question, and what other legal options the court rejected. Take good, efficient notes that succinctly summarize the important take-away points. If you’re confused, hang on and read surrounding cases and supporting material included in that section of the casebook before giving up.

4. Read the notes and problems before class so you can clarify confusion AND discover areas that are beyond your present ability to comprehend.

5. Don’t park your common sense at the door. Bring your prior knowledge and common sense into what you’re reading. Embrace your thoughts and reactions (“hear” what you’re thinking about as you read – lots of valid ideas lurk in the questions you’re asking yourself or the associations you’re making).

6. Separate confusion over language and writing style from confusion over content/subject matter. If it’s the language that’s a problem, try rewriting the material, using a dictionary, drawing inferences from context, reading more slowly, or talking it through out loud. Once you’re past any language barriers, try making lists or charts, or restate the rules to solidify your conceptual understanding and identify questions blocking your progress.

7. Make it real. Don’t let the study of law become an esoteric mental game. It is about real people who had a real conflict. A judge (or several judges) eventually resolved that conflict. See the conflict in your head. Relate the rules applied by the court to situations you’ve experienced, have heard about, or can imagine.

8. Know when the material is over your head. Write down the questions that are blocking your understanding and move on as best you can, or turn to a treatise, your professor, or a friend. Get the answer eventually – don’t just drop it – if common sense tells you it’s important.

9. Before class, you only need to build a “working hypothesis” to polish in class about the cases and about the area of law being examined. Don’t expect to know all the answers before you get there. Understand what happened in each case AND know the core concepts in the area being explored before you go to class and then work on (a) correcting misconceptions, and (b) exploring the outer limits of the relevant concepts in class.

10. Embrace confusion. Confusion is a great tool and a great sign that you’re thinking hard about complex issues. Use a treatise when an area of law feels like it’s over your head or beyond your present ability to understand fully. Talk to your professor and ask your friends about the questions you have. If you can’t “see” a rule well enough to apply new situations to it consistently after class, you need to explore it further.

And #11— What We’re Tempted to Forget: Limit your study time, no matter what. No one can study (read, think, be engaged in class, meet with teachers, work in study groups) effectively more than 55 hours a week, on average, for an entire semester. There are some weeks you won’t have to study that hard; other weeks you may study a tiny bit more. Write a schedule and stick to it. Take advantage of 20 minutes here, 20 minutes there to knock out a case. Spend your non-study time in activities that replenish you and bring joy to your life. If you’re working significantly less than 45 hours a week, consider if that’s enough.

This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).

Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.

Case Synthesis

Beginning in your first few weeks of law school, you will probably hear discussions about case synthesis, and you might wonder what it means to synthesize the cases you have read for class. Reading cases is one important way that you will learn the law, and case synthesis is the act of connecting the elements in the cases you have read to create an understanding of the law as a whole -- you should work to identify the relevant pieces of authority for a legal issue and put the corresponding pieces together to determine a framework that reasonably supports the legal issue in question. The process of putting these elements of the rule together will create a complete body of law -- this is the principle of synthesis.

So, you might ask, how do you go about doing this task: you will want to start with the cases you read on a particular subject (i.e. battery in torts or offer in contracts). You should keep a focus on the rule, and look at each individual case to see what each case stands for in context (i.e. is the case illustrating an element of rule, a distinction, an exception to the rule, etc.). When synthesizing cases for your classes, you should look for patterns and similarities. These patterns will help you build a rule -- thus, in making sense of the cases you have read in class, and with a little practice, you will be able to formulate a picture of the law, a skill that will be invaluable throughout law school and into your legal career.

Case Briefing

Several students have stopped by our offices or asked their TAs to go over how to brief cases for class. Students have asked what the purpose of briefing is, as well as why briefing is an important skill in the beginning of law school.

Your case briefs are summaries of the cases you have read for class, and will help you prepare for class. Briefing will help you develop the skill of extracting the law or rule from the cases you read, and will help you in developing the ability to be able to apply the rule of law to a different factual situation. You must engage in problem solving from the first weeks of school -- including determining what is important about each case.

Much like everything else in law school, there is not a one size fits all approach to briefing cases for your classes. The information below is just an overview or guide, and as you get acclimated with law school, you will be able to determine exactly what you need to include in your briefs.

Before you actually start your brief, you should determine the context of the case you are about to read (i.e. a torts case about assault), and determine whether the case is from a federal or state court. Having knowledge about the case you are reading will help you understand the context of material you are going to cover. Likewise, knowing which court (trial court, appellate court, etc.) decided the matter can give you information about what you are about to read -- for example, an appellate court might have to determine whether there was a legal mistake made by the lower court.

With this background, it is time to start your brief. One approach might be:

1. Write down the name of the case - you will want to be able to follow along in class, and identify the correct brief if you are called on in class.

2. Summarize the relevant facts of the case - focus on the substantively relevant facts, meaning focus on how you would explain the important facts (who, what, when, where, how) to your professor or to a jury, and include these facts here. Also, some of your professors might ask about a procedural history, and this should be included here, too.

3. Isolate the issue - in other words, what is the problem the court was asked to solve?

4. Articulate the rule(s) of the case - remember, rules of law can come from both statutes and other cases cited within the opinion. The court might even discuss rules in the decision that are not completely on point; focus on the rules that relate specifically to the issue(s) at hand.

5. Begin the application - this means you should know the reasoning, rationale, or the court's analysis of the case. In other words, why did the court decide the way it did? This section may even include multiple parts, including opinions from several judges.

6. State the holding - this is where you state the answer to your issue.

Finally, there is no such thing as perfection when writing your briefs - you should not be so concerned with the actual look of the brief - your classmates' briefs might look different than yours. You should only be concerned with the function with which your brief serves - the substance is more important than the form.

For more tips on briefing, you should see Dean Charlotte D. Taylor's book, Bridging the Gap Between College and Law School: Strategies for Success (Carolina Academic Press 2001, 2009)

Top Three Do's and Don'ts for Taking Notes

Top Three Do's and Don'ts for Taking Notes

Don’ts
1. Don't write down everything the Professor and students have to say. Remember this is NOT college. We do not require you to regurgitate, word for word, the professor’s brilliant speeches - we want you to solve problems.

2. Don't, on the other hand, space out and not take a single note. Last year, we had a student who did not do very well his first semester. We had occasion to observe him in class where he spent most of his time, reading his cases. He didn't take a single note during the entire 50 minutes!

3. Do try to separate out the relevant information from the irrelevant. What is relevant? Think back to IRAC (Issue Rule Application Conclusion) - we want to continually focus on IRAC as our problem solving technique - therefore you should take notes in three general categories:

Dos
Case Brief - During class most professors will take you through each case and in that process they are taking you through the legal problem solving method - FIRAC (Facts, Issue Rule Application) or IRAC (Issue Rule Application Conclusion). At this time you want to correct your case brief - your brief is your attempt to understand how the court solved the problem in that case - your first order of business should be to check your brief for mistakes. Make sure you identified the relevant facts. Did you include too many facts? Too little? Did you get the correct issue? Rule? Listen for statements made in class that explain or define the rules in your brief. The note might be a better statement of the rule, or a new rule that has developed since your case. Were you able to identify the court's rationale (and understand the application)? Be harsh on yourself. Do not say, well, that's not quite it, but I was close. Precision matters in law school. Listen closely and edit your brief extensively.

Hypotheticals and examples - After discussing a case, your professor may change the facts or present a hypothetical situation - if so you want to write this information down. Hypos are additional examples of how to solve problems using IRAC - when the facts change or when you are given a new set of facts; you need to go through IRAC to solve the problem. Here the issue and the rule may be the same (as the one discussed in the case at hand) but the application or reasons why the outcome is the way it is will be different (because of the difference in the facts). Hypos and the reasoning or rationale are examples of the application part of IRAC and you should write these down to study later for the exam. Again, the law school exam does not test you on whether you really remember a case inside and out. Instead, it will test your ability to take a rule you've learned and apply it to different facts. So, when your Professor poses hypotheticals, she's doing just that - she's taking the rule you learned in a case and is asking you to apply it to a different set of facts. You should treat hypotheticals like mini-exam-like questions posed by your professor. All hypos should be written down.

Other stuff
Magic words. Some legal concepts, which take many words to explain, can be summed up in one word or phrase, for example, proximate cause or constructive eviction. When you hear one of these words or phrases used in class, write it down. These are magic words. They can be legal terms of art (res ipsa loquitor) or terms a professor uses to refer to a concept (victimless crimes). You will get points on the exam if you know what these terms mean and can use them correctly. So write them down and look them up later if you need to.

Review. Some professors begin or end the class with a summary of what happened last time. WRITE THIS DOWN. This review will be an invaluable guide to how the Prof. wants a problem to be analyzed. ORDER MATTERS. Legal analysis is very orderly. Elements must not only be analyzed separately, but in a certain order. Make sure you know both the elements, and the order of analysis.

Other Stuff (there is always more). Finally, the professor may also discuss different topics that seem unrelated to the case. These include things like social policy, insurance concerns (who pays for what) or whether this issue should be decided by the courts or the legislature. In these instances you need to stay focused and try to think - how does this relate to IRAC - how can this information help me solve another legal problem in the future (i.e. on the exam)? Does this information concern the rule? Will social policy change the rule? Does it concern the application of the rule? Are there other reasons, besides the facts, that should make the court find differently? You should think about this information, jot it down and try to make some connection to IRAC and the problem solving method.

By Charlotte D. Taylor, Assistant Dean for Student Services at Touro Law and co-author of Bridging the Gap Between College and Law School: Strategies for Success (Carolina Academic Press 2001, 2009)

First Year Teaching Assistant Program

Welcome to Touro (and welcome back to the TAs). We plan to have the Teaching Assistant program fully in place, and with sessions to begin the first week of classes. Below are dates and administrative matters that will help the Teaching Assistant program run smoothly during orientation and the first weeks of school:

We will have a table set up during Orientation for First Years to sign up for TA sections - please look for us and make sure to stop by on Sunday, August 14th or Monday, August 15th to sign up. Also, make sure to purchase Suzanne Darrow-Kleinhaus' book, Mastering the Law School Exam (Thomson West 2006), when you purchase your books - Mastering the Law School Exam will be used during the TA sessions.

An email will be sent to all First Year students on Sunday, August 21st confirming your TA session - the email will include your TA's name and email, the time you will meet, and the respective room number. Please make sure to check your Touro email account for this information; TA sessions will begin on Monday, August 22nd.

Enjoy the last days of summer, and we look forward to working with you this semester!

Time Management for 1Ls - 2011 Law School Planner

It is important to develop good time management skills early in your law school career --- and there is no better time to do so than at the very beginning. The first few weeks of law school can seem overwhelming as you learn to balance all the competing demands on your time. A calendar can help you manage these demands by letting you schedule day-to-day tasks and plan for long-term assignments and exams.

You can use Touro’s Law School Planner from your orientation materials to help you navigate these first few weeks of law school. The Planner is meant to be a guide --- one which you can and should adapt to your own study needs. Since you are new to law school, we have made some suggestions and identified some specific tasks and suggested time allocations. The time frames are meant to be general guidelines only and it is very likely that your individual needs will vary. However, by keeping track of how long it takes you to complete an assignment, you will gain a better understanding of how much time to allocate to different study activities.

The Law School Planner covers several weeks: the week before Orientation, the week of Orientation, and the first full week of class. Please pay attention to the page headings, especially with respect to the first week of class and select the calendar for your particular class section. There are three day sections and one evening section. There is also a blank planner for you to make your own schedule.

We believe the Planner will be helpful as you begin your law school career. If you have any questions, please do not hesitate to stop by and see us in Room 314. We are here to assist you.

What should I expect in law school?

Bridging the Gap Between College and Law School: What should I expect in law school?

First, it is impossible for me to tell you everything that you can expect in law school, so I will tell you what to expect during your first semester of law school. I will let you know how law school is taught and why. Second, I will recommend what you can do to prepare, or if you are already in law school, who to see out for assistance. Almost any lawyer will tell you there is no one thing you can do, no one book to read or college class to take to FULLY prepare you for law school, but I believe that even if you KNOW what is coming and what to expect, you can do a little bit to prepare and that will make a difference.

Unless you worked for a lawyer, have lawyers or judges in your family or took pre-law classes from practicing lawyers, you probably think that law school will be similar to college. Perhaps an extension of the work you did in undergraduate school or even in a master’s program. WRONG! Law school is a very different learning process. Yes, it is composed of reading and writing, but we are asking you think and process information in a way that is much different than you did in high school or college or any master program. We want to you solve problems in a very specific way.

The professor does not start class by saying, let’s look at a legal problem and solve it. Instead the professor simply begins by asking you about a case. A case is a legal problem that has been already solved by the court. The professor will ask you about the facts, what happened? What is the law in the case? What was the decision (who won)? Why? You may go into great detail about all of these parts of the case and then begin to talk about another case, perhaps a hypothetical that is not resolved. The facts will be different, but is the outcome different or the same? Why or why not? The professor will never tell you if you are giving the right answer or not, but simply continue to ask you or other students more questions. The professor will never say the answer is X or Y, but you will continue to be asked questions. This method of learning is called the Socratic Method, or more correctly, the Langdellian Method of teaching (named after Christopher Columbus Langdell, a past dean of Harvard Law). It is a method where you “dissect” a case, similar to “dissecting” a body in medical school, to learn about the parts of the case and how the court decided on the resolution. You are asked to dissect cases to discover the law and how it is applied. Again, you will not really know if you are right or wrong and this can be frustrating and confusing.

Also, you will not be tested until the end of the term. That means you will only have one exam at the end of three months. So there are limited opportunities for feedback. The reason for this is you need to know all of the aspects of contracts and all of the rules (not just a few) because a lawyer never knows what the client’s problem is. Using another medical analogy, similar to diagnosing an illness that doctors do, lawyers must be able to get the facts from their clients and “diagnose” the problem so that they know how to solve it.

Finally, since there are a lot of new legal terms that you might not be familiar with (such as proximate cause, constructive eviction, or Latin terms like res ipsa loquitor) you will spend quite a bit of time looking up new language in a legal dictionary and understanding the case. Simply reading a three page case may take over three hours.

So, the first semester of law school is usually frustrating, confusing and daunting. However, you should know that all of your colleagues are in the same situation as you. They are confused as well. You are not the only one. If you can read something recommended by your school before you start law school, do so. If you have already started law school, then seek out help. Participate in your school’s Academic Development or Academic Success or Academic Support Program. Reach out to upper-level students to get advice on reading for class, taking notes, and preparing for finals. Make an appointment with the Dean of Students or your faculty advisor to get advice on how to approach studying for classes. Certainly reading this information and seeking tips online will help you too, but don’t stop there.

Most importantly, keep up with your readings, seek out help when you need it and ask the professor questions after class or during office hours. You need to make certain you understand as much as possible so that you can prepare for that first set of law school exams. Now that you know some of what to expect in the first semester of law school and what to expect in class, I hope that you are excited to study law.

By Charlotte D. Taylor, Assistant Dean for Student Services, Touro Law Center and co-author of Bridging the Gap Between College and Law School: Strategies for Success (Carolina Academic Press 2001, 2009)

Preparing for the Bar Exam - Post-Bar Review Study Schedule

Many students studying for the New York Bar Exam have asked what to do now that their respective bar review classes are over. Generally, when your bar review course ends, there is about seven to twelve days when you will be on your own, and now you have entire days and nights just to study. The question becomes what, when, and how do you study during these critical remaining days.

Your goal during these final days is to review all of the tested topics by using only your notes, outlines, and rule paragraphs you have generated while studying over the past weeks. This requires a strategy so that you maximize what you need based on your individual strengths and weaknesses.

Continue working by subject, and begin with a review of your weaker subjects since these will be the ones you will review again at the end of the study period. This will give you time for two rounds with these topics with the final review closest to the exam itself.

The Schedule:

1. Do 30 – 33 multiple choice questions and review the answers in the morning. If you need additional multiple choice questions, the National Conference of Bar Examiners releases online practice exams. Supplement your outlines with law, if necessary.

2. Go through released bar exam essays, identifying the issues for each. The New York State Board of Law Examiners releases past exams.

3. After working through the released exams, look at your notes, outlines, and rule paragraphs and write out rules for any issues listed that are not covered in your notes.

4. Select two or three essays and write them out completely (this should take approximately two hours).

5. Study essay sample answers for all essays, including those you did not write out. Where appropriate, annotate or supplement your notes, outlines, and rule paragraphs with new, more concise and appropriate legal language.

6. Read through outlines to continue to review the law.

If time remains after going through all of the essays by subject (and it should), then go back to the subject or two that you felt was your weakest, and review the respective subject(s) again.

Good Luck on Bar Exam!



Note: the following are suggestions are from the forthcoming book, The New York Bar Exam by the Issue (Thomson West).

Guest Bloggers

You may notice that we have started featuring “guest bloggers” alongside our blog post — these bloggers are experts in their respective teaching areas, and we are thrilled that they have agreed to contribute to the Touro Law Center Academic Development Blog.

Our first guest, Professor Herb Ramy, the Director of ASP at Suffolk University Law School and author of Succeeding in Law School, shared tips about law school exams. His tips are just the beginning of exciting things to come . . .

In the coming weeks and months, makes sure to look for other guest bloggers, and you can always check out older post from these experts under the "guest blogger" label.

Preparing for the Bar Exam - Burn Out and Boredom

Several students have complained recently about either beginning to feel burned out or being bored by the whole bar exam process. While the two complaints are not the same, my advice is similar in both cases -- it is important to strike a balance between the overly aggressive approach of doing too much and the overly complacent approach. Regardless of whether you are burned out or bored, you should take a step back, look at your schedule and set realistic goals for yourself. For example, if you know that there’s no way you’re going to get through 50 multiple choice questions a day, don’t set such an unreasonable goal. You must be able to sustain the effort over the entire review period, up to and including the bar exam itself. It’s not good if you burn out or are completely bored by the process. Remember, the objective in practicing questions is not the “doing” of numbers but the learning of law and the process of analysis.

It is important to maintain a realistic work schedule, one that allows for lecture
time, review time, practice time, and time that you are not studying. Reexamine your schedule to make sure you have set a realistic work schedule that allows for:

Lecture time

Review time

Practice time

Relaxation time

In considering this, look at whether you have defined realistic study goals based on your strengths and weaknesses:

Are you varying your study activities sufficiently throughout the day to maintain your concentration level?

Have you set up a daily work schedule to include time for: attending your bar review class; reviewing the material covered in each class; consolidating your notes; working through practice questions; learning black letter law; and taking study breaks and exercising?

Have you set up a weekly schedule that includes a little time away from your studies?

Also, you might want to consider revising your schedule to:

Vary the sequence of your study activities, and maybe change your study location;

Or consider revising your approach to: alternate your review materials to take up the topic in another form -- anything that keeps you interested and adds to your understanding of the subject (i.e. read a different outline from your bar review materials; go back to your law school outline; or consult a hornbook).

Finally, you may want to consider the balance of study time vs. practice time to allow more time for practicing questions.

It might be worthwile to reconsider and revise how you are scheduling your time. You can refer to our blog post on time management for more tips.

The need to practice MBE questions begins immediately

One of my bar exam students expressed a very common concern during a study session. She said she was afraid that she didn't know the law well enough to start answering questions. She said, "I need more time with my notes." I told her that she would never feel as if she knew the law "well enough" — and even if she could remember all the law, the rule alone would not help her answer an MBE question if she had not practiced answering MBE questions.

The process of answering an MBE question is analytical. It requires you to use the rule you have learned to answer the question. You need to practice the process of reasoning with the law which is not the same thing as reciting it. Memorizing your notes does not develop this critical skill.

Do not wait to answer questions. As soon as you have reviewed your bar review notes in a subject, it is time to get to work answering questions in that subject area. Answer one question at a time and work your way through the question carefully and thoughtfully. Look up the rule if you cannot recite it completely and correctly --- now is the time to do so because you are working through the question. This will help you remember the rule in a way that simply reading your notes does not allow because you will have a factual setting for the rule's application. This is the key to memorization.

Be sure to articulate your reasoning for your answer choice. Now check your answer. If it is correct, read the explanation. Make sure you got it right for the right reason. If you answered incorrectly, make sure you know where your reasoning was incorrect. This is key to getting the right answer the next time you have a similar question. Also, take notes on the law if you need to do so. This will supplement your notes in a meaningful way because it is connected to the reasoning process involved in answering the question.

It should take you about 2 hours to answer 10 to 15 questions if you follow this approach. This is "studying" and not simply "doing" questions. You are using the questions to learn the law. This is very different from when you will be taking the exam. Right now, you are not concerned with timing, but with learning. When you have sufficiently covered an area, then you can take timed practice sessions. But not now. Now you are focusing on learning the law and the way it is tested. The more you practice and the comfortable you become with the process and the rules, your speed will naturally increase.


Professor Suzanne Darrow-Kleinhaus
Director of Academic Development
Touro Law Center

Preparing for the Bar Exam - Managing Stress and Anxiety

While working with students preparing for the bar exam over the past few weeks, many of them are talking about the pressure they feel to pass the bar exam; some have even said this pressure is overwhelming. They are overwhelmed by the number of subjects and the amount of material they are responsble for -- admittedly, there is a lot of material to be responsible for at one time.

The difference between the bar exam and law school is that in law school exams were spread out over a longer period of time, and the number of areas of law covered in exams were fewer. Often, you were tested on one subject at a time, which you knew beforehand, and then you had at least one day before being tested on another subject.

In contrast, when you walk into the bar exam, you’re facing a lot more material. You are responsible for all the subjects tested in your jurisdiction; and the subjects are tested in a random manner so that both the subject matter and the level of difficulty may from question to question -- plus, you’re tested on everything in a two or three day period.

It is understandable that you are overwhelmed by the volume of the material and the pace by which you are moving. When combined with the time pressures of the exam itself, it’s not unusual to feel more than just a little bit anxious. There is a real basis to the anxiety -- which leads to the next concern: stress.

When you study for the bar exam, you are facing one of the most stressful periods of your life. You may be consumed with thoughts of “what if ” -- what if I fail; what if I have to do this again . . . These are very normal fears. In fact, a certain level of anxiety and stress is good, but too much prevents you from doing your job of studying the law. You can’t afford to lose control because of the pressure.

Try looking at the exam from an entirely different perspective:

1. The bar exam has definite boundaries even though it tests multiple topics.
2. There is enough time to prepare for the bar exam if you plan for it.
3. A certain level of stress can be productive.

1. The bar exam has “boundaries”:

The national and state bar examiners define the universe of what is tested on your jurisdiction’s bar exam. The number of subjects tested on the bar exam is finite. For the Multistate Bar Examination (the MBE), the National Bar Examiners provide a subject matter outline that indicates the scope of coverage for each subject with a breakdown by percentage of questions from each category. Similarly, most jurisdictions provide candidates with a list of the topics covered on their bar exam. This allows you to define the scope of the exam. Also, you can (and should) study from released bar exam questions just as you worked with your professors’ old exams in preparing for finals to give you an idea of what the questions will look like on the actual exam day.

2. There’s enough time if you plan properly:

The bar exam requires a major commitment of time and effort to succeed. Bar review courses are structured to lead you through the material, but you must make the effort to learn it. It takes time to memorize black letter law and to practice problems. You can do this if you plan ahead and manage your time wisely.

3. Some stress is unavoidable:

A little anxiety can be a good thing before an exam. Anxiety is absolutely normal and very necessary because the adrenaline ensures that you’ll operate at peak performance. It helps to keep you focused. The problem occurs when it interferes with your performance, and preparation is the recommended antidote to test anxiety. You must go into the bar exam knowing that you’ve done everything possible to prepare.

While you continue to prepare for the bar exam, Professor Darrow-Kleinhaus' books, Acing the Bar Exam (Thomson West 2008) and The Bar Exam in a Nutshell (2d ed. 2009), are great resources, and give great tips on managing stress and anxiety while studying for the bar exam.

Preparing for the Bar Exam - Outlining the Rule

One question we are often asked by students studying for the Bar Exam is how much rule is needed to be sufficient in each essay. While, there is not one correct answer, here are some things to consider:

What is the specific rule brought into controversy by the facts?

Are there legal terms of art to define?

What is the general rule?

Then, build the general rule: Are there legal terms to define? Are there exceptions to the general rule? Are there elements/factors to be identified?

Is there a procedural element to consider? A motion? What is the standard? (i.e. summary judgment)

Is there a relevant distinction? (i.e. state vs. federal law)

Does the party have a relevant defense? Or is there a limit to the reach of the rule?

What are the consequences of applying this rule to the facts? (i.e. should evidence be excluded under an exclusionary rule)

Is the party entitled to damages, and if so, what kind?

Is there a procedural element to be considered? A motion? What is the standard?

Remember, this are just guidelines - every rule might not include everything, but it provides a sequence of questions to guide your thinking so you can write a complete rule statement.

Preparing for the Bar Exam - The Multistate Performance Test ("MPT")

The Multistate Performance Test ("MPT") has been adopted in most jurisdictions as part of their bar exam. The participating jurisdictions select from the two 90-minute problems provided by the NCBE for each exam administration. Much like the MBE, each jurisdiction determines its own policy regarding the relative weight given to the MPT; and just like the NCBE publishes MBE questions, they also make previously released MPTs available on its website. You should practice as many MPT problems as possible to sample the various tasks you might encounter on the exam.

The MPT is designed like a closed-universe assignment, consisting of a "file" and a "library" - you are asked to complete a task that is designed to test your fundamental lawyering skills: the ability to read and follow directions, synthesize and apply law from cases, separate relevant from irrelevant facts, and complete an assigned task in the allotted time. Here, you are given the legal issue and the law - the goal is to test your proficiency in the basic skills you developed in the course of your legal education.

The MPT tests the following:

1. Reading comprehension: There is a difference between the type of reading you’ve engaged in for law school and what you’ll do for the MPT. For the MPT, you must read pro-actively, with a critical eye toward solving a specific problem rather than answering a professor’s questions in class. You must read carefully and quickly, all the while searching for useful information and answers to the particular issue you’ve been asked to resolve.

2. Organizational skills: You must organize your time and the materials effectively to complete the required task in the time allowed. The MPT is extremely time-sensitive, you’ll have about 90 minutes in which to read and analyze an assortment of unfamiliar materials and compose a written assignments.

3. Communication skills: You must write concisely, coherently, and in a tone and manner consistent with the nature of the assignment. You must demonstrate your mastery of the language of the law and convince the bar examiners that you “sound” like an attorney ready to begin the practice of law.

4. Ability to follow directions: The MPT is task-specific: you must perform the task identified to receive credit. If you’re instructed to write a letter to a client and instead write a persuasive brief, you’ll have done nothing but demonstrate to the bar examiners your inability to read and follow directions. The directions are important for another reason: they may ask you to identify additional facts that would strengthen or, alternatively, weaken a party’s position.

Outlining the Approach:

1. Have a plan: Following a plan saves time and prevents panic: if you know what you are going to do, and practice the routine sufficiently, it becomes second nature to you by test day.

2. Practice from actual MPTs: Since the MPT tests your ability to extract legal principles from cases and statutes and apply these principles to solve a specific client problem, you will need to practice this skill. Work only from past MPT questions and use the grading guidelines to evaluate your answers. If your jurisdiction releases sample MPT answers, review them and compare them to your answers.

3. Allocate your time: You must complete the assignment to maximize your points. The bar examiners suggest that you allot 45 minutes to reading the materials and 45 minutes to organizing and writing your response.

4. Find your baseline: You have no idea how long it will take you to answer an MPT until you’ve actually done one. After you’ve read one or two of MPTs to see what they’re like, answer a sample MPT. Note how long it takes to read and outline the answer. This is your baseline reading time. Nest, proceed to write the response. Once again, time yourself. This is your baseline writing time. Don’t be surprised if it takes longer than the suggested time to get through the materials. This is to be expected the first time you approach new material. Keep practicing, especially if you have trouble with the timing. Once you’ve established your reading and writing baselines, you can concentrate on improving your time. You must practice the strategy until it becomes automatic and your approach is consistent.

5. Follow the blueprint: Practice until it becomes automatic.

For more tips on the MPT, including how tips on how to find your baseline, and developing a blueprint, you should reference Chapter 10 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008)

Preparing for the Bar Exam - The Multistate Bar Exam ("MBE")

The Multistate Bar Exam ("MBE") is part of almost every jurisdiction's bar exam. The MBE is a six-hour exam, consisting of 200 multiple choice questions, and is divided into two periods of three hours each. Applicants are instructed to choose the best answer to each question, and your score is based on the number of correctly answered questions, so you are best advised to answer every question.

Each jurisdiction has its own policy for the relative weight given to the MBE score, but what is consistent regardless of the jurisdiction where you are taking the exam is that in addition to memorizing and understanding elements and rules of law, you have to have some idea of how the issues will be presented and how they will be tested on the MBE. It is important to know what to expect and to practice applying what you have learned to the format that will be presented.

Preparing for the MBE requires that you combine your knowledge of the theoretical with the practical - you should (a) acquire a detailed understanding of the substantive law, and (b) master the specific manner in which it is tested. The best way to find out what is tested and how the material is tested is by practicing questions.

The MBE presents a challenge for some students because it tests your knowledge of substantive law, reading comprehension, reasoning skills, the ability to work quickly and efficiently, and the capacity to remain focused as you move from one question to the next. Because of it is important for you to answer as many practice problems as possible during your preparation time for the bar exam. The more you practice, the more prepared you will be on the actual bar day. But "doing questions" isn't enough - you should not just "answer" questions, but instead you should learn to "analyze" the questions - that is, you should know how to reason through a question to arrive at the correct answer choice. You must be able to follow a process in answering questions which enables you to remain focused, in control, and conscious of your thought process.

The process of analyzing questions is just as important for when you get a questions wrong as when you get it correct - if you answer a question incorrectly, you should go back and reread the question, recreate your thought process, and compare your reasoning to find the flaw in your analysis.

Remember, there is a right way to attack a multiple choice question. For more tips on the MBE, you should reference Chapter 9 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008).

See also, Preparing for the Bar Exam - Multiple Choice Questions.

Preparing for the Bar Exam - Black Letter Law

Many of you will start your bar review course in a few days - you might be lead to believe that you must read everything, learn everything, and do everything the review instructors tell you to do or you will fail the bar exam. Realistically, this will probably result in you feeling overwhelmed and anxious. Make no mistake - you need to master the law, but the way you go about it is up to you. Bar review courses are designed for the "average student" and not everyone learns the same way or at the same rate. You should build an effective study schedule based on your individual strengths and weaknesses.

First, a solid knowledge of the law is required to answer bar exam essays and multiple choice questions. Simply attending lectures and reading through your bar review outlines does not allow for you to internalize the material in a way necessary to respond to these types of question. The bar exam requires you know the rules with precision, and you have to have a solid understanding of these rules. Consequently, your study plan should include time to memorize black letter law and time to practice making use of the law.

It is important to keep in mind that studying the material is one thing, practicing with it is another. We have already discussed the importance of doing practice problems; and it is important to remember that there is a method to learning from practice exams. It is essential to become familiar with the structure, style, and content of the exam questions you will see on the actual exam, thus the bar examiners' questions can be a primary source of study material. Most jurisdictions make past questions available on their websites. Likewise, the NCBE offers the opportunity to purchase released MBE questions on its website, and these questions are a great way to prepare for the bar exam. Remember when using practice problems to study for the bar exam, there is a difference between "answering" questions, and "analyzing" questions. You must know the reason you answered the question the way you did - it is not enough to get the question right, you must know how you've reasoned through the question to arrive at the right answer.

For more tips on learning the black letter law, you should reference Chapter 7 of Professor Darrow-Kleinhaus' book, Acing the Bar Exam (Thomson West 2008).

Doing your best has to be good enough

Not surprisingly, studying and taking law school exams produces a great deal of stress. For many, this stress is rooted in the fact that students tend to emphasize external measures of success when appraising their academic performance. When we measure ourselves based on factors over which we have little if any control, stress and even depression can result. As I note in my book, Succeeding in Law School, there is another way.

Students can deal with stress rooted in grades by channeling it into a more effective form of competition. For example, many students want to be in the top 10% of their class. The need to achieve this goal is often perpetuated, both explicitly and implicitly, by faculty, administrators, and placement offices. If every law student “needs” to be in the top 10% of the class, then 90% of them are doomed to failure by their own standards. Instead of striving for a particular spot in the academic pecking order, students should attempt to achieve their personal best.

Asking the best from oneself is no small task. It requires that you do everything within your power to succeed. Consider this for a moment. How often in your life have you done everything possible to succeed? Keep in mind that your personal best may not translate into “A’s” or even “B’s” on your examinations. However, by definition your personal best means that you had nothing left to give. Anyone whose grades represent their best work [should] be satisfied.

Organizing Your Answer on a Law School Exam

When it comes to law school examinations, all students struggle to organize their writing. Even students who are quite proficient at responding to the hypotheticals posed in their classes can struggle and even freeze when confronted with a multi-issue, multi-party question on an examination. Experienced lawyers rarely encounter this problem because organizing their answers has become second nature. So, how do you accelerate your time table and handle the organization of legal issues like a seasoned pro? The answer is easier than you may realize because, in the end, there are only a few things to keep in mind.

• Point #1 – Finish reading the problem before you start writing. You cannot organize your answer to a lengthy problem after reading only a small fraction of the facts, but this is a common mistake made by first-year students. There may be an issue contained within that first sentence, but the resolution of that issue may be impacted by material contained further into the problem. Look at it this way. If a client came into your office, sat down across from you, and said “My neighbor saw me raking in my yard the other day and walked up to me . . .” would you shout out “Trespass to land!” or would you wait to hear the rest of the story. You cannot begin organizing until you hear the entire story. Once you do, you can begin organizing by creating a list of all the different issues suggested by the facts.

• Point #2 – You should walk into the examination with one level of organization already in your mind. I encourage students to review and outline throughout the year. First, it is the best way to ensure that you understand each of the concepts covered in class. Second, and more relevant to this conversation, outlining helps you see overarching organizational structures within each area of the law. For example, as you outline materials from your contracts class, a pattern should start appearing. The pattern is based on the reality that much of contract law is about whether there was an agreement between the parties. To assess whether there was an agreement, a good starting point is whether there was an offer, which requires an understanding of how one establishes the existence of an offer. Next, was there acceptance of that offer, a rejection of that offer, or counteroffer? There are, of course, additional steps in determining whether there is an agreement between the parties, but you should get the picture. You then memorize this overarching structure and apply it to each potential agreement between parties that appears on your contracts exam.

o Creating these organizational patterns will be more obvious in some course than in others. While large scale organizational patterns do appear in contracts and civil procedure, similar patterns are not as obvious in torts and criminal law. That’s OK because you can create smaller scale patterns with the material in these courses that will still help you organize your exam writing. For example, 1st degree murder, 2nd degree murder, voluntary manslaughter, involuntary manslaughter, and any other crime where someone dies can all be placed together under the heading “Homicide.” This will help you see what truly differentiates the various homicide crimes from each other and will create a structure that you will apply whenever someone dies on a criminal law exam. So, when someone dies in your criminal law final – and someone will – you would address each homicide crime independently, though not necessarily equally.

• Point #3 – The examination fact pattern will suggest an organizational structure. Broadly, there are two major organizational patterns that are suggested by the facts on any law school examination – organization by party or organization by event.

o Organization by party requires you to address the actions of each person, one person at a time, and discuss the meaning of those actions. This type of organization seems to work well in criminal law and torts where each person may have created a number of crimes or is potentially liable for multiple torts.

o Organization by event, which typically works well in contracts and civil procedure, means organizing around some event. In this context, I am using the term “event” quite broadly to include things like negotiating an agreement, filing a lawsuit, or parking my automobile overnight in a garage. Under these examples, the event becomes the starting point for discussing the various legal issues that have been generated.

o Whether you proceed by party or by event, you will still be using the organizational patterns discussed in Point #2 to move the discussion along. For example, a plaintiff’s lawsuit might be the starting point for my discussion of subject matter jurisdiction (SMJ), but I walked into the examination knowing that whenever I talk about SMJ I must address the subsidiary points of arising under jurisdiction, diversity jurisdiction, corporate diversity, domicile, etc.

• Point #4 – When dealing with small scale organization, let the law by your guide. Once you have moved beyond large scale organizational concerns, you still have to organize your analysis of each independent issue. When analyzing an issue – such as whether an individual is liable for an assault – let the law provide you with your small scale organization. For example, the typical definition of an assault looks something like this – did the defendant intentionally place another in apprehension of an imminent battery. This rule is actually comprised of multiple elements, and each element is a separate mini-issue that requires its own analysis. The analysis of one element may be significantly longer than your analysis of another, but all elements must be addressed.

Succeeding on Law School Exams

Hello all!

I am Professor Ramy and I direct the Academic Support Program (“ASP”) at Suffolk University Law School. I’ve worked as an ASP professor for over a decade, and I have learned that my students have many of the same questions/concerns year after year. With that in mind, here are a few words of wisdom to help get you through your upcoming final exams.

• First, keep in mind that this is not your first experience with law school exams. You have been through this process before, so now you know what to expect. The unknown may cause us stress and fear, but known quantities can be planned for and dealt with in an effective manner.

• Do not rehash your exams with your classmates because it can only lead to more stress. Your classmates are not grading you, so who cares how they answered the first question! In addition, no one sees every issue on a law school exam. So, it is quite possible, even likely, that your classmates saw things that you did not see and vice versa.

• Students are notoriously poor judges of how well they did on law school exams. In fact, most students believe they performed more poorly than they actually did. So, you probably did fine even if you believe you bombed an exam.

• When you walk into your exams, know that you did everything possible to succeed. By the same token, do not let your experience with any one examination rob you of the confidence you spent a whole year developing. Your hard work has earned you the right to be confident, so do not give it up so easily.

• No one gets 100% on a law school exam, so do not beat yourself up over a question you’re sure you got wrong. Remember, most essay exams contain issues that are very difficult to resolve. At times, it does not even matter whether you believe that the plaintiff should prevail or the defendant. In fact, the final answer is often much less important than your discussion of why the issue is difficult to resolve.

• If you struggle to complete the exam in the allotted time, that’s a good thing! Exams are supposed to be hard and often take every minute of the exam period to complete. If you are running out of time and still have a few issues to analyze, consider listing the problems you did not have time to get to. I can’t guarantee that you will receive any credit for this list of issues, but you may, particularly if you did a good job with the other parts of the exam.

• Once an exam is over, let it go. Even if you could have performed better on an exam, it doesn’t make any difference once it is over. Remember, have the wisdom to know the difference between the things you can change and those that you cannot. Obsessing about an exam you just completed expends valuable energy that could be used in preparing for your next one.

Finally, it is perfectly reasonable to lean on others for a bit of support. The ASP folks at your school can give you valuable advice or just listen to your worries. It’s amazing how seemingly intractable problems are cut down to size when you share your concerns with another person.

Congratulations on completing your first year of law school and good luck on your final exams.

Prof. Ramy

Preparing for the Bar Exam - Practice Questions

Doing practice questions when preparing for the bar exam is one of the most overlooked study methods. You should start doing questions right from the beginning. Often students say they are waiting until they think they know enough law, which they never think they do, so they never practice enough questions. Doing questions, and doing them correctly, should be the mantra for students during bar prep.

Below is advice from the forthcoming book, The New York Bar Exam by the Issue (Thomson West):

You should begin practicing questions as soon as you begin your bar review class. Don't make the mistake of waiting until you think you know enough law: first, you'll never think you know enough law; second, once you've attended a class and reviewed your notes on a topic, you're ready to go to work. Working with rules as you learn them by applying them in the context of new factual situations is the most effective way to learn whether you truly understand them. It also allows you to find answers to questions that naturally arise as you practice the material — while you still have time to do so.

Why to Practice Questions

The reason to practice questions is to learn from them. While you may find this difficult to believe, you've learned as much as you are going to learn from your notes after you've read them once or twice. You've got to put them aside and move on to the questions to apply what you've learned to actual problems. This is the only way to find out what you know and what you don't. When your studying is "question-driven," it will lead you back to any gaps in your knowledge of the rules.

Teaching Assistant Application Process - FAQ's

Many of you stopped by our offices or have emailed to ask about the TA program for the Fall, including what is required to become a TA and how to apply. Below you will find the answer to many of the questions that have been asked, as well as how to apply.

What is required to be a TA?
A desire and ability to work well with others and a solid academic record.

What does a TA do?
A TA leads a small study group section in "learning how to learn the law" by showing how successful students go about the process of thinking about and integrating course material.

What is my time commitment?
You must be available to attend one of the required weekly training sessions; and you will need to be available for a TA session (100 minutes) one day a week.

How do I apply?
Please send an email to Nancy Chanin expressing why you are interested in becoming a TA. Attach your resume, and include a phone number and email where you can be reached over the summer. We accept applications now and through the summer.

What is the review process and when will I be contacted?
We review the applications following the release of spring semester grades. We contact all applicants and may ask to meet with you. While grades and class performance are very important, you must also be able to work well with others, show initiative, direct group discussions, and have a genuine interest and ability to help other students develop their analytical skills.

Hierarchy of Concepts in your Outline

Several students have stopped by our offices this week to get advice about outlining. Sometimes, students include a wealth of information that is in paragraph form, and I suggest they use a traditional outline format instead of paragraphs because this format differentiates between levels. The structure of an outline forces you to rank concepts and identify main topics and sub-topics. Remember, the law is essentially a set of categories: each principle you learn belongs “somewhere” in the scheme which you need to create.

A failure to properly understand and define the hierarchy of concepts in your outline often manifests on the exam with difficulty in identifying and sequencing issues for discussion. There is a logical sequence to follow in analyzing a problem based on the construction of the rule and it’s essential that this hierarchy be worked through in the process of creating your outline. The ranking system inherent in an outline format forces you to arrange the material in a hierarchy.

One way to get started in creating your hierarchy is to look at The Table of Contents in your casebook. It’s written in outline form. Some casebooks include a Summary of the Table of Contents which is even better for your purposes since it contains only the main topics and sub-topics, eliminating the cases and notes. From here, you can really see the big picture.

It also might be useful to coordinate the Table of Contents with your syllabus to find your starting point and use it as a template to form your skeleton outline. Of course you’ll need to make adjustments based on how your professor presents the material, but the Table of Contents provides the overview you need to begin putting things together. This should give you the major headings.

You may also want to consider a hornbook to help you identify the sub-headings. This is the real work of outlining: synthesizing the material so that you can differentiate between main and sub-issues. Don’t be afraid to go outside your casebook and class notes for help in this regard. Most of us need the help to be found in hornbooks. A hornbook will explain the material in a way that is incredibly valuable in helping you understand it.

Once you have a sense of the main topics and sub-topics, you can begin to fill in the pieces to provide substance and meaning.

Studying with Hypotheticals

Writing out hypotheticals is an important way to study during the course of the semester – not just during finals time. As you prepare for class by reading and briefing the assignment, you need to prepare for exams by writing out essays. Familiarity with the structure of essay questions and how to respond to them will go a long way in alleviating your anxiety on exam day. The key to success on exams is to engage in this practice on a regular basis and to begin well before the final examination.

By now, you should know that your law professors expect an exam answer that is a well-reasoned and well-organized, and should contain an articulate analysis of the relevant rules of law with respect to the facts. This demonstrates your mastery of the material covered during the course of the semester and your ability to write in the language of the law. The best way to do get adequate preparation is by writing out and practicing from prior exams – this is why many professors have copies of their old exams on file. You should begin writing sample answers as soon as you have covered enough “law” to analyze a factual situation. This practice should continue throughout your law school career; it is not simply for first year law students.

When asked if it is too soon to start working through hypothicals, remember:

1. Don’t delay. Begin working with practice questions as soon as you have covered a topic.

2. Start simple and build to the complex. Begin with single issue problems and work your way to increasingly more complex problems until you have covered every principle that has been studied in your course.

3. Vary the type of essay that you answer when practicing. Be sure to work with both short essays and long, complex fact patterns with multiple issues and parties. Each presents a different challenge in issue spotting and organization.

4. Use exam questions to let you see the relationships between concepts and how topics come together. As you proceed through each area of doctrinal law, you’ll often find it necessary to take a very narrow, focused approach because there is only so much information you can assimilate at a time. But the same tunnel-vision that lets you navigate enormous amounts of knowledge limits your consideration of other perspectives. Here’s where hypotheticals can help by showing you the connections where all you’ve been focused on are the distinctions.

5. Develop your reading skills as carefully as your writing skills. Pay attention to the directions that accompany exams – specifically with respect to what you are asked to do in the question. The only way to know exactly how your professor expects you to address a question comes from experience in reading your professor’s exams and in asking what she expects in an answer.

Research Study

Professor Darrow-Kleinhaus is seeking participants for her research study. Below is the flyer containing all of the pertinent information.

Specificity of Language

In reviewing your exams with your professors, you might have noticed that your exams lacked specificity or included vague and meaningless phrases. This is a relatively common error, and something that can easily be fixed. When working with hypotheticals, and when writing your exams, it is important to remember that the language of the law is precise, and your use of it must be equally precise. You must use the language of the court or the words of the statute. You should not substitute your own words.

Suppose your exam question requires that you evaluate a state’s basis for jurisdiction over a nonresident defendant and your discussion centers on an evaluation of the defendant’s “minimum contacts” with the forum state. In the course of your discussion, you’ll use such specific language as “continuous and systematic,” and “fair play and substantial justice.” This language comes from Supreme Court cases and it’s “the law.” You’re expected and required to use it – just as it is. Paraphrasing is not acceptable, so you just have to learn it.

You can avoid vague and meaningless phrases by learning legal vocabulary and using it correctly. If you do this, you won’t end up with an exam full of colorful, yet incorrect, language. But more essential to curing this problem is to truly understand the rules: if you know what the rule means, you won’t write legally meaningless sentences.