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

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.

Was your final exam disorganized?

Lack of organization in your answers might be another issue that led to a less than stellar grade on an exam. There are many reasons why your exam could have been disorganized, but the bottom line is disorganization probably came from disorganized thinking.

The first question to ask is If the disorganization stemmed from an issue of not knowing the law or misstating the law. If you know that was not the issue, and you’ve done all the necessary prep work, and you’ve still come away with the dreaded “disorganized” comment on your test booklet, then it wasn’t so much a question of knowing the material, but rather how you handled the presentation. So let’s take a look at how we can impose some order.

First, you might want to ask yourself if taking a minute to outline your answer before you started writing would have helped you organize your answer. Even though it’s appropriate to jump right into the analysis once you start writing, it’s never a good idea to jump right into the writing without a plan. As Professor Darrow-Kleinhaus discussed in the chapter in Mastering the Law School Exam on exam writing, this means that you must spend some time outlining your answer beforewriting it. You need a few minutes after reading the problem to outline the issues and come up with an approach for handling them. In your exam, it might be obvious that the you had not spent the time necessary to construct a working outline, and it will be obvious from all that’s missing in the answer.

Next, it is important not to commingle parties or issues. Never, ever, commingle your parties or your issues. Each deserves and demands separate treatment. Also, it’s a sure bet your professor included multiple parties to test multiple areas of the law. You’re just missing the point (in more ways than one!) if you overlook this frequently used test strategy. Another reason you should avoid commingling is the possibility for error.

Another question you might want to ask is whether you used a "he said, she said" analysis that went horribly wrong. While this might be effective when used by an expert, the ping-pong patter of “he will argue, then she will argue” can be disastrous for inexperienced law students. The going back and forth between parties inevitably leads to problems since the writer has to
juggle as well as engage in legal analysis. These problems can be avoided by using subheadings, which would encourage separate discussions of each party with respect to the issues and the parties - in the beginning, it is important to focus on one point of view at a time and rely on the rule of law to organize your answer.

Remember, using the rules as an organizational tool leads to a more focused and complete analysis.

Avoiding Conclusory Statements

In our last blog post, we gave the basic framework for what you should do if you got a disappointing grade last semester - in the post, we discussed that one of your professor's comments might be that your analysis was conclusory. What does this mean, and how can you fix it?

Typically, if your work suffers from a conclusory-style analysis, you’ll just see the comment “conclusory” on your paper. But there are really two types of “conclusory” statements. It’s important for us to distinguish between them because each presents a different problem for the student and requires a different response.

• The first kind of conclusory statement is one that states a legal conclusion. This occurs when there’s an insufficient legal foundation to provide authority to support the statement.



• The second kind states a factual conclusion. This appears as either a restatement of the facts in the hypothetical or a judgment about what the facts mean without explaining the basis for the judgment.

Typically, however, the lines between the two blur and the sentence is conclusory for one or both reasons. It doesn’t really matter whether it’s one or the other except to recognize why it’s conclusory and to fix it.

For example, does your analysis start with a "yes" or "no" answer? If you hadn’t already figured out, it’s not the conclusion you reach, but the way you get there that’s of interest to your professor. It’s a pretty safe bet your professor isn’t looking for a “yes” or “no” response unless you’re answering a short answer question. Even assuming this problem called for a direct answer, it would be unlikely you’d begin with one. Instead, you’d have to work your way through an analysis of the facts in light of the relevant rule before you could even suggest a possible outcome.

Remember, without the legal definition to provide a context, there’s no legal basis to form your analysis; and second, without applying the facts to show how the law applies, all you have is an assertion. Using facts instead of merely reciting them can be a remedy to this problem. Be aware not to simply make declaratory statements, and also beware - it’s rarely a good idea to begin a sentence with such words as word “clearly” or “obviously.” Typically, the facts in your exams are so purposely ambiguous that nothing is ever “clear.” Chances are if you’re finding clarity, you’re missing the real issue!

Like our last blog post pointed out, by following our suggestions, as well as making use of the suggestions in Mastering the Law School Exam, you’ll be able to make the changes necessary to achieve the success that your hardwork deserves.

What to do if you get a Disappointing Grade

It’s hard to be on the receiving end of a poor grade, and there’s nothing more frustrating than trying to figure out what went wrong. It’s hard to understand and even harder to explain how hundreds of hours spent in attending classes, reading required materials, diligently writing case briefs, and preparing a course outline could possibly result in a low grade. But it can and it does, leaving you feeling bewildered, disheartened, and somewhat betrayed. So we're not about to minimize your disappointment if you received a low grade – it really hurts – but what matters now is what you learn from the experience. It’s okay to take a couple of days off to console yourself, but absolutely no more. We must get back to work. Only now, we work differently.

It’s not enough to go through the exercise of looking over the exam with your professor or comparing what you’ve written to a sample answer – you need to know why what you wrote on the exam that didn’t earn the grade you think it deserved. To do this, we need to get inside your head to see where what you were thinking departed from what you should have been thinking.

First, reviewing your exam with your professor is essential to developing your written communication skills. If you think about it, your primary interaction with your professor thus far has been primarily oral – either you were called upon in class or you met outside of class to talk about the material. What you’ll learn from your written exam will probably surprise you. For example, you might learn that you “knew the law" but failed to receive credit because your answer wasn’t responsive to the professor’s question. Or you might discover that your reading of the problem was so flawed that you added your own facts or misconstrued them, either of which could have led to disappointing results. Only by meeting with your professor to go over the exam will you get a sense of how your thinking and response to the questions differed from what your professor had in mind.

From there, it is absolutely essential to learn how to help yourself. Not only are you in the best position to assess your own learning issues, but you are the only one who knows what you know and what you don’t. While it’s helpful to listen to questions asked by other students both in and out of class, it’s not always the question you need answered. Sometimes, you may find difficulty in framing the very question you need to ask. This is a very common problem. After all, articulating a question presupposes that you have a solid enough understanding of the material to identify the part you don’t understand. In short, you need to understand what it is you don’t know before you can get the help you need.

It’s possible to get sufficient insight into what you don’t understand to allow you to articulate the questions you need to ask. This requires some work on your part, but work that is well worth the effort because it puts you in control. Here, we have something concrete to work with – you can use what you wrote on your exam and your professor’s responses to it. Things to pay attention to include whether you are missing a discussion of the law, missing issues, relying on conclusory statements, lack an IRAC form, lack organization, or straying from the relevant issue. Each of these issues (and many more) can be fixed, and are discussed in depth in Chapter Eight of Professor Darrow-Kleinhaus' book, Mastering the Law School Exam.

While we might have moved quickly through what to do to improve, it is important to remember that there’s still a great deal which you can do to affect the final outcome. We know it’s not easy to get your energy and enthusiasm back after a disappointing grade but you must. By following the suggestions and approaches we’ve touched on here, as well as following the suggestions that are discussed in depth in Mastering the Law School Exam, you’ll be able to make the changes necessary in your studying, your thinking, and your writing to achieve the success your hardwork deserves. The key is that you go forward doing things differently than you did before. That’s the real point of what we’ve been doing – learning how to do things differently so you’ll achieve a different result.

And, as always, we are here to help!

Continuing Orientation Workshop - Writing a Law School Final

For students wishing to review Professor Darrow-Kleinhaus' lecture on Writing Law School Finals, the video is available on TLCWEB (password protected). Below is the handout from the lecture.

Continuing Orientation Workshop - Outlining

For students wishing to review Professor Darrow-Kleinhaus' lecture on Outlining for Law School Finals, the video is available on TLCWEB (password protected). Below is the handout from the lecture.

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 full 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 Monday, August 16th or Wednesday, August 18th 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 22 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 23rd.

Save the Date: students that have applied for and are selected to be TAs this fall should plan to attend a mandatory orientation and training session on Sunday, August 22nd at 10:30 a.m. The session should last about two hours and details will follow in a subsequent email.

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

Time Management for 1Ls

It is extremely 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. However, 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 close 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 --- and we are sure that you will --- please do not hesitate to stop by and see us in Room 314. We are here to assist you.



* Please check with the Touro Bookstore [(631) 761-7170] for their hours before making the trip to purchase your books.

About Touro Law Center's Academic Development Program

Touro Law Center's Academic Development Program is committed to seeing you succeed – we recognize that the law school experience is different from all other types of educational experiences and so its goal is to assist you in developing the specific skills required for mastery of legal analysis and writing.

Our Program begins during Orientation, and continues throughout your years at Touro. In addition to group workshops and study sessions, we offer one-on-one sessions for individualized assessment, plus help with your study approaches, essay writing, and training in legal reasoning and writing. We also offer supplemental bar preparation courses in your final semesters at the Law Center to jump start your bar studies.

This blog is yet another, new way in which we can provide tips for your academic success and quickly respond to your needs - we hope to give relevant advice based on where you are within your law school experience. It is important to remember that while the contents of each post are the opinions of the author(s), they do not always match those of other contributors - often, there are many approaches that successful law students undertake, and while one approach might work for one student, there is no one size which fits all approach.

We suggest taking our suggestions, and adapting them in a way that works best for you - we also encourage you to participate in all that Touro has to offer. We are available to meet with you to discuss your academic performance and to develop a study program that addresses your individualized needs.

We look forward to working with you.

Welcome!

Welcome to the Academic Development blog! We are here for your academic support needs -- we hope you check this site frequently for tips to enhance your study skills, including tips for time management, case reading and briefing, studying for exams, and other skills essential for your law school success.

We hope that you are enjoying your summer and look forward to seeing you in the Fall!