Transcript GENERAL EXAM TIPS - University of Miami | School of Law

EXAM-TAKING TIPS:
Outline of Presentation
I. Job Description
II. Before You Write
III. While You Write
IV. Efficient Use Of Time
V. Exam Preparation
VI. Afterward
Metaphors for Seven
Common Exam Errors
Wrapping Paper
Cabbage
Pinball Machine
Wine Tasting
Sports Ticker
Mobius Strip
Socket Wrenches
SO YOU CAN LISTEN …
POWER POINT SLIDES
WILL BE POSTED ON ACADEMIC
ACHIEVEMENT WEBSITE
IMPORTANT
BACKGROUND RULE
KNOW YOUR AUDIENCE:
SPECIFIC INSTRUCTIONS
GIVEN BY ONE OF YOUR PROFS
RE THAT PROF’S EXAM
OVERRULE MY GENERAL ADVICE
I. JOB DESCRIPTION
(A) Generally
(B) Respond to Prof’s Qs
(C) Issue-Spotting Qs
I. JOB DESCRIPTION
(A) Generally
• Common for Undergrad Exam:
Show How Much You Know
From Course
• NOT the task on Law School
Exam
I. JOB DESCRIPTION
(A) Generally
• Common for Undergrad Exam: Show
How Much You Know From Course
• NOT the task on Law School Exam
• Clients don’t care how much you
know; they want you to address
their problems
I. JOB DESCRIPTION
(A) Generally
• NOT to show how much you know
• Use what you know from course to
address new legal problems
– Problems likely not exactly what you’ve seen
– Address using tools from course (cases,
statutes, const. provisions, policy, theory)
– Show you know which tools are useful (&
which not) for particular problem
I. JOB DESCRIPTION
(B) Respond to Prof’s Qs
• Law Profs = Precursors of
Reality TV
• Exam Qs = Challenges
– Peculiar Components
– Seemingly Random Restrictions
– Unrealistic Time Constraints
Contestants, today you will construct
a tree house in five hours for twin 11year old tomboys using 6 folding
chairs, 8 wicker baskets, 12 boxes of
Captain Crunch, 3 rolls of duct tape,
and no metal at all. Good Luck !
Students, today you will have 75
minutes to discuss what the result
would be in Rocsalt v. PepperCo if
the case took place in the future and
involved a Rocket to Mars instead of
a Stagecoach. Ignore any tort issues
you see and just discuss the
contract.
Good Luck !
I. JOB DESCRIPTION
(B) Respond to Prof’s Qs
• Most Common Faculty Complaint:
• “Students Didn’t Respond to My Q!”
• = “You Didn’t Do the Challenge”
– Maybe Didn’t Incorporate Key
Component (“Where’s the Turnip?”)
– Maybe Didn’t Follow the Rules or
Restrictions
– Maybe Made Assumptions/Decisions
That Made Problem Easier to Do
WRAPPING PAPER
• Found on the outside of a box.
WRAPPING PAPER
• Found on the outside of a box.
• If the Professor gives you limits on the
scope of the question, stay within the
box you are given to work with.
• Purposes of Limits:
– Focus Student Answers
– Make Q manageable in time allotted
WRAPPING PAPER
• Found on the outside of a box.
• If the Professor gives you limits on the
scope of the question, stay within the box
you are given to work with.
• Wrapping paper is all too easy to
dispose of!
I. JOB DESCRIPTION
(B) Respond to Prof’s Qs
• Follow Instructions/Address Qs Given
– Qs can take different forms, so read
carefully
– Most common form: Issue-Spotter (I’ll
Address Specifically at Length)
– Look for Limitations on Scope of Q
*COMMON LIMITATIONS*
•
•
•
•
•
Apply particular case or rule
Play particular role
Use law from particular jurisdiction
Do not discuss …
Assume certain facts
EXAMPLE: CRIMINAL LAW
• You are Prosecutor
• Under the facts above,
– which characters would you try to
charge,
– with what crimes,
– how likely are you to convict?
EXAMPLE: CRIMINAL LAW
• You are Prosecutor
• Under the facts above,
– which characters would you try to charge,
– with what crimes,
– how likely are you to convict?
“I SUE DEAD PEOPLE”
I. JOB DESCRIPTION
(C) Issue-Spotting Qs
DRAFT OF
ANALYSIS SECTION
OF LEGAL MEMO
I. JOB DESCRIPTION
(C) Issue-Spotting Qs
• Draft of ANALYSIS SECTION
– No elaborate Introductions or
Conclusions
– No separate Fact Section or Questions Presented or Brief Answer
• Treat My Problem as Fact Section
I. JOB DESCRIPTION
(C) Issue-Spotting Qs
• DRAFT of Analysis Section
– Imperfect sentences OK (for most
Profs)
– Getting ideas on paper more
important than style or rhetoric
I. JOB DESCRIPTION
(C) Issue-Spotting Qs
• Equivalent Law Firm Task:
Quick Preliminary Briefing
– Best You Can Do in Available Time
– Informal Presentation
– Key Characteristics: Organized.
Concise. Clear.
II. BEFORE YOU WRITE
(A) Read Carefully
(B) Identify Most Important Topics
(C) Roughly Organize Your Answer
II. BEFORE YOU WRITE
(A) Read Carefully
1)
2)
3)
4)
Read/Follow General Instructions
Look at “Call of the Question” First
Read Text of Q More Than Once
If You See a Problem . . .
II. BEFORE YOU WRITE
(A) Read Carefully
1) Read/Follow General
Instructions
– There for a Reason
– E.g. Separate Bluebooks
– Sometimes Available in Advance
II. BEFORE YOU WRITE
(A) Read Carefully
2) Look at “Call of the
Question” First
– Understand Task/Challenge
Before Reading Body Of Q
– Avoid “Wrapping Paper”
II. BEFORE YOU WRITE
(A) Read Carefully
3) Read Text of Q More Than Once
– Don’t Miss Important Facts & Parallels to
Cases (Understand the Challenge)
– Student Who Starts Writing 3 Minutes
Into Test is Helping Everyone Else
II. BEFORE YOU WRITE
(A) Read Carefully
4) If You See a Problem . . .
– E.g., Changing Character Names
or No Call of the Q
– E.g., “Saturday Night Special” &
“Sheet Music”
II. BEFORE YOU WRITE
(A) Read Carefully
4) If You See a Problem . . .
– OK to send Q to Prof via Proctor
– OK to note problem in answer &
state any assumptions you make
II. BEFORE YOU WRITE
(B) Identify the Most Important Topics
• Usually too much to discuss
thoroughly in time you’ll have
• Need to identify & prioritize topics
most worth your time
CABBAGE
• In Fill-the-Grocery-Cart Game,
Cabbage takes up lots of space, not
worth very much.
CABBAGE
• Takes up lots of space, not worth very
much
• To maximize score, focus on issues
lawyers will fight about
– Hard-to-Resolve Issues yield most points
– Reject Undergrad Tendency to Avoid
Unknown; If Result is Unclear, Go For It !
– Look for Lots of Facts in Problem
CABBAGE
• Takes up lots of space, not worth very much
• To maximize score, focus on issues lawyers
will fight about
• Cabbage = Issues nobody would contest
– Duty in tort case where operating MD harms
patient
– Pers. J. in case where D works/lives in state
– Spend little time on; if focus on cabbage:
even if everything you say is correct &
relevant, you get C
II. BEFORE YOU WRITE
(C) Roughly Organize Your Answer
• Clear Organization …
– Helps ME Understand Your
Arguments
– Helps YOU Keep Track of What
Points You’ve Already Made
PINBALL MACHINE
• When operating a pinball
machine, you try to score as
many points as possible
without worrying about the
order in which you hit them.
PINBALL MACHINE
• When operating a pinball machine, you try
to score as many points as possible
without worrying about the order in which
you hit them.
• When writing an exam…
– Make your points in a logical order
– Make that order visible to the
reader
II. BEFORE YOU WRITE
(C) Roughly Organize Your Answer
• Brief Outline = List of Major Topics
– Maybe Some Reminder Notes Under
Each Topic
– Choose Order in Which You’ll Discuss
Them
Sample Outline: Torts
• P v. Driver
(2)
– Viol of Statute
– Prx. Cause?? BIG Q
– Contrib Negl (Comparative?)
• P v. Carco
(1)
– Duty to P
– Design Defect (GM case??)
• P v. Hosp.
– Res ipsa L BIG Q
– Like Allegheny Hosp.
(3)
II. BEFORE YOU WRITE
(C) Roughly Organize Your Answer
Possible Organizational Schemes
• Chronology
• Major Causes of Action (by Character)
• Elements/Factors from Causes of Action
(Organization = Part of Analysis)
• Decision Trees
• Most Complex First
II. BEFORE YOU WRITE
(C) Roughly Organize Your Answer
– Starting to Write More Important Than
Exact Order
– Don’t spend 30 minutes doing detailed
outline of 60 minute Q
– Roughly weight complexity of issues to
help allocate time
WINE TASTING
• Wine Tasting = One roughly equal
taste of each wine offered
WINE TASTING
• Wine Tasting = One roughly equal taste of
each wine offered
• All Issues Are Not Created Equal
– Treating all alike is a recipe for C+/B– “Drink More Deeply” of Complex Issues
– “Higher Degree of Difficulty” Merits More
Time; Yields Richer Results
WINE TASTING
• Wine Tasting = One roughly equal taste
of each wine offered
• All Issues Are Not Equal
• Boss in a Quick Preliminary Briefing
Wants Sense of Relative Complexity
of Issues
III. WHILE YOU WRITE
(A) Discuss One Topic at a Time
(B) How to Discuss a Single Topic
III. WHILE YOU WRITE
(A) Discuss One Topic at a Time
• Fully cover 1 topic, then go to the next
– Same method re subheadings of particular
topic (e.g., elements of tort or Adv. Poss.)
- If you have ideas about subsequent topics
while writing, note on side or below
III. WHILE YOU WRITE
(A) Discuss One Topic at a Time
• Fully cover one topic, then go to the next
- If using computer, might put outline in
first as frame/skeleton of answer.
- Provides structure visible to reader
- Reminds you of discussions you still need to
complete
- Provides logical space to make notes of ideas
you have out-of-sequence
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
1) IRAC & Its Limits
2) Show All Work
3) Argue Both Sides
4) Use Both Law & Facts
5) Building Block Paragraphs
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
1) IRAC & Its Limits
– Current Events Analogy
– “Issues” on Exams (v. in briefs or cases)
• “Issue” might be “What Rule Applies?”
– “Rules”: Be Concise; Few Points for
Merely Stating
– “Conclusion”: Not Very Important;
Generally Not Looking for Particular
Result, But Best Use of Arguments
IRAC
v.
A
IR
C
v.
IRC
SPORTS …
TICKER …
Cardinal 16, Ducks 45
SPORTS TICKER
• Provides results of sporting events
without analysis.
SPORTS TICKER
• Provides results of sporting events
without analysis.
• On exams, always provide analysis
before attempting a conclusion.
CRAC
is Dangerous
on Exams
Stating conclusion at start of discussion can
lead you to over-defend that position and
ignore counter-arguments and complications.
Even if explicitly asked to reach conclusion, do
so after you’ve worked through analysis/
discussion.
SPORTS TICKER
• Provides results of sporting events without
analysis.
• On exams, always provide analysis before
attempting a conclusion.
• On an open book exam, virtually no
points for stating a rule then an
unsupported conclusion (“Conclusory”)
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
2) Show All Work
– Like High School Math
– Briefly Make Clear to Me That You
Understand Your Arguments and
Aren’t Guessing/Fudging
– “Because, because, because,
because…”
3) Argue Both Sides
MOBIUS STRIP
• A single loop of ribbon or paper with a
half-twist built into it. Its most notable
quality is that it has only one side.
MOBIUS STRIP
• A single loop of ribbon or paper with a half-twist built into it.
Most notable quality is that it has only one side.
• Look for serious arguments on at least
two sides of each significant issue.
– One-Sidedness (Very Common 1L Problem)
= Not Doing Half the Problem
– Assume the Arguments are There (20$ Bill)
• “On the other hand …”
• Even if asked to be atty for X, address Y’s best
arguments
MOBIUS STRIP
• A single loop of ribbon or paper with a half-twist built into it.
Most notable quality is that it has only one side.
• Look for serious arguments on at least two sides of each issue.
• Creating a Dialogue Generally Preferable
to All One Side, then All the Other
– Alex Schimel’s “However” & “Nevertheless”
– Otherwise Tend to Overstate Arguments &
Neglect Nuance
Legal Smeagols
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
4) Use Both Law & Facts
• Don’t discuss facts in a vacuum; start
with some legal test or Principle
– Reliance on Precedent/Authority
Distinguishes Legal Analysis from
Ethics, Philosophy or Political Science.
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
4) Use Both Law & Facts
•
Don’t discuss facts in a vacuum; start with
some legal test
• Try to use all the facts in the problem
–
–
Assume Everything is There for a Reason
Again, Like Reality Show Challenges
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
4) Use Both Law & Facts
•
•
Don’t discuss facts in a vacuum; start with
some legal test
Try to use all the facts in the problem
• Discuss Unstated Facts
–
–
if Necessary to Resolve Problem
If Not Inconsistent with Stated Facts
UNSTATED FACTS: FILLING IN
GAPS v. ALTERING PROBLEM
Marc hit JoAnne with his car …
• To determine tort or crime, necessary to
speculate about intent.
UNSTATED FACTS: FILLING IN
GAPS v. ALTERING PROBLEM
Marc hit JoAnne with his car …
• “If he did so intentionally …” (necessary
to speculate about intent)
• “If he then refused to take her to the
hospital …” (altering problem)
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
4) Use Both Law & Facts
•
•
•
Don’t discuss facts in a vacuum; start with
some legal test
Try to use all the facts in the problem
Discuss Unstated Facts
• Only discuss legal authority you are
using to assess problem
SOCKET WRENCHES
• If you take your car to be fixed, when
you come to pick it up, you don’t want
the mechanic to show you his socket
wrenches and brag about what fine
tools they are; you want to see that he
used the tools to fix the car.
SOCKET WRENCHES
• You don’t want the mechanic to show you his socket
wrenches and brag about what fine tools they are.
• On your exams, do not simply show me
rules, tests, policies, or facts of cases
(“Outline Dump”). Use them to address the
exam question.
SOCKET WRENCHES
• You don’t want the mechanic to show you his socket
wrenches and brag about what fine tools they are.
• On your exams, do not simply show me rules, tests,
policies, or facts of cases (“Outline Dump”). Use them to
address the exam question.
• Helpful tip: as soon as you write down a
legal test, discuss how it might apply to the
facts.
SOCKET WRENCHES
• You don’t want the mechanic to show you his socket
wrenches and brag about what fine tools they are.
• On your exams, do not simply show me rules, tests,
policies, or facts of cases (“Outline Dump”). Use them to
address the exam question.
• Helpful tip: Use relevant policy to make
arguments about how to resolve doctrinal
ambiguities or about which party’s position is
stronger.
SOCKET WRENCHES
• On your exams, do not simply show me policies. Use
them to address the exam question.
• Use relevant policy to make arguments about
how to resolve doctrinal ambiguities or about
which party’s position is stronger.
• Policy is a tool, not an accessory!!
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
5) Building Block Paragraphs
• On a Single Legal Topic
• Usually Begin with Legal Rule/Principle & Brief
Citation to Authority
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
5) Building Block Paragraphs
• On a Single Legal Topic
• Usually Begin with Legal Rule/Principle & Citation
• Present Arguments for Both Parties re How the
Rule/Principle Applies to Relevant Facts and
How the Facts Compare to Those of Key Cases
– More Extended Dialogue = More Points
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
5) Building Block Paragraphs
• On a Single Legal Topic
• Usually Begin with Legal Rule/Principle & Citation
• Arguments for Both Parties Applying the Rule/Principle
• Conclude with Concise Argument(s) re Which
Position Seems Stronger & Why (with Reference
to Cases, Policy or Common Sense)
III. WHILE YOU WRITE
(B) How to Discuss a Single Topic
5) Building Block Paragraphs
•
•
•
•
On a Single Legal Topic
Usually Begin with Legal Rule/Principle & Citation
Arguments for Both Parties Applying the Rule/Principle
Argue Which Position Seems Stronger & Why
• Practice, Practice, Practice
IV. EFFICIENT USE OF
TIME
(A) Stick Strictly to Time Limits
(B) General Tips on Saving Time
IV. EFFICIENT USE OF TIME
(A) Stick Strictly to Time Limits!!!
• Misallocation of Time  Big Problems
• Be compulsive about time, not about
thoroughly finishing each question (cf.
Reality TV Challenges)
• In last few minutes, outline what you’d
cover if more time
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
1) Use abbreviations & short-form
citations. E.g.,
– Albert & Beatrice = A & B
– Personal Jurisdiction = Pers. J. or PJ
• “D will claim no Pers. Jurisd. (PJ)…”
– Brown v. Board of Education of Topeka =
Brown
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
2) Replace topic sentences & transitions
with headings and subheadings:
“I will first discuss the school district’s
negligence. Negligence has 4 elements: duty,
breach of that duty, causation, and damages.
The first element is duty.”
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
2) Replace topic sentences & transitions with
headings and subheadings:
“I will first discuss the school district’s negligence.
Negligence has 4 elements: duty, breach of that duty,
causation, and damages. The first element is duty.” 
(A) Negl. By Sch. Dist.
1.
2.
3.
Duty: …
Breach: …
Causation:
a.
b.
Cause in Fact …
Prox. Cause … etc.
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely.
Regarding the recurring problem of wordiness,
almost all current UM law students, however
diligent and competent, tend to thoroughly
demonstrate in an unqualified manner the fact
that that they have a tendency to exhibit the said
problem as such, as well as showing redundancy
and continued difficulties writing in a concise,
brief and to the point way.
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely.
• You get “Paid” by the idea, not by the
word.
– Don’t use twenty words if six will do.
– Don’t use judicial opinions as models for
writing.
• Practice to Develop a Concise Style
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
“Under the fact scenario described in the
test question, ” 
“Here, …”
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• The “Jennifer Lopez” move:
“On the other hand, in response to these
arguments, the defendant is likely to
claim that …”
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• The “Jennifer Lopez” move:
“On the other hand, in response to these
arguments, the defendant is likely to
claim that …” 
“BUT …”
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• Avoid lengthy introductions:
“This is a very complicated problem raising many
issues we have discussed in class. Both parties have
significant arguments that support their position and
that have substantial policy implications. …” 
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• Avoid lengthy introductions:
“This is a very complicated problem raising many
issues we have discussed in class. Both parties have
significant arguments that support their position and
that have substantial policy implications. …”
• Just put down a brief heading
identifying 1st topic & start analysis
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• Avoid repetition.
• Cross-reference discussions of related
issues: “Duty analysis same as for
hospital above”
IV. EFFICIENT USE OF TIME
(B) General Tips on Saving Time
3) Write Concisely. E.g.,
• Avoid repetition, especially in conclusions
“To sum up, the school district probably was negligent; the slide
rule manufacturer probably isn’t liable; and the contributory
negligence claim depends on how the court views predictably
stupid behavior by unsupervised teenagers.”
 Bad use of time if simply recap of earlier points
 Can use conclusions to add points, e.g., re
relative weight of parties’ overall positions.
V. EXAM PREPARATION
(A) Prof-Specific
(B) Outlining
(C) Use Old Exams
(D) Make Time for Group Work
(E) Office Hours/Review Sessions
V. EXAM PREPARATION
(A) Prof-Specific
• Best study process & substance of what’s
expected vary w instructor.
• Ask Qs: E.g.
– Types of Qs on Exam
– Choice between Depth & Breadth
– Confirm my advice if you are unsure
V. EXAM PREPARATION
(B) Outlining
• Making v. Looking At
• Level of Detail Depends on Course & Material
– 17 Cases Total v. 6 Cases/Day
– Class Time Spent is Useful Guide to Importance
• Organize in Way that Makes Sense to You
• Open Book Exams: Make One-Page Checklists
– Major Issues to Look For
– If I See This Issue, Might Talk About …
V. EXAM PREPARATION
(C) Use Old Exams
• Do Under Exam Conditions (Tennis
Analogy)
• You’ll Never “Feel Ready”; Do Anyway to
Practice & Help Guide Your Studying
• Look at Old Model Answers if Available
– Imperfect
– Evidence of Kind of Answer Professor Likes
– Use as Goal for Study Process: “How do I get
there?”
V. EXAM PREPARATION
(D) Make Time for Group Work
– Consult on Qs re Cases or Class
Notes
– Identify Likely Issues for Exam
– Discuss Hypos & Old Exam Qs. E.g.,
• Do Separately & Review Together
• Overtired Exercise: How Could We Use
This Fact?
V. EXAM PREPARATION
(E) Office Hours/Review Sessions
MAKE TIME &
GO!!
VI. AFTERWARD
(A) After Test: Don’t Discuss Substance
(B) After Grades: Get Feedback
VI. AFTERWARD
(A) Don’t Discuss Substance Immediately
After Test
Walk Away From Anyone Who
Does!!
VI. AFTERWARD
(A) Don’t Discuss Substance Immediately
After Test
–
–
–
–
Why It Happens
Issue Kamikaze
Acceptable Conversations
One Moment of Weakness …
VI. AFTERWARD
(A) Don’t Discuss Substance Immediately
After Test
–
–
–
–
Why It Happens
Issue Kamikaze
Acceptable Conversations
One Moment of Weakness 
Four Months of Misery
VI. AFTERWARD
(B) After Grades Posted: Get Feedback
– Own Your Grades!
– Compare Your Answers to
Prof’s Comments & Models
– Follow-Up w Profs Where
Available