preparing & writing law school exams

34
PREPARING & WRITING LAW SCHOOL EXAMS presented by the Arizona Law Writing Center

Upload: others

Post on 23-Feb-2022

2 views

Category:

Documents


0 download

TRANSCRIPT

PREPARING & WRITING LAW SCHOOL EXAMS

presented by the Arizona Law Writing Center

Download the New Exam Software

▪ https://law.arizona.edu/examinations

▪ Register and Download Exam4 by following the instructions on the Webpage

▪ Take a practice exam (before the exam date!)

▪ Determine Your Exam Schedule

Taking Exams in a Computer Lab

Must be reserved

15 computers available per session

Useful if your computer can’t reliably support

Exam4

Work in a more quiet room.

Handwritten Exams

Beware:

Sore hands (This may be the most

handwriting you’ve done in years.)

Fewer words per minute

Legibility

1. Preparing before the Exam

2. Tips for taking the Exam

Agenda

What is an exam in law school?

▪ Final exams test your ability to apply law to facts

▪ Essays are more like what you will do in the practice of law

▪ Exams are about the BIG PICTURE!!!

Don’t lose the forest through the trees!

Preparing for the Exam

General Guidelines

▪ Ask your professor questions about the exam.▪ Time limit▪ Specific questions▪ Format▪ Materials allowed into exam▪ Closed internet or open?

▪ Take practice exams▪ (Bonus): Show your professor an answer draft after a practice exam

Ideas for Studying

▪ Ask your professor any questions early.

▪ Practice exams! (law library has some on website)

▪ Form a study group and come up with hypos.

▪ Go to study sessions.▪ Review class notes.▪ Consider tabbing the

supplement (e.g., FRCP, UCC).

▪ Review the syllabus.▪ Outline!!!

Outlining as a study technique

▪ Outlining is a study technique▪ Seeing the “big picture”

▪ Example: Torts—seeing all of the parts of a negligence claim in addition to knowing each element

▪ Ranking the importance of topics▪ Jurisdictional splits▪ Old law vs. New law▪ Caselaw!

▪ Take practice exams/do problems with your outline

Other Strategies & Techniques

▪ Attack sheets▪ Your individually written approach for various

questions

▪ Flowcharts, other visual organization tools▪ Flashcards

EX: Civil Procedure Flowchart

Writing an outline

▪ Writing the outline

▪ Synthesize the material▪ Rules from caselaw (some Professors like to see case names in the

exam!)▪ Brief facts about each case▪ Policy

Using the outline to study

▪ Study WITH your outline (Don’t Wait until after you “finish” studyingbefore writing it)▪ Write notes into it▪ Highlight & color code▪ Tab it▪ Bind it

▪ Finish the outline days before exam to leave time for practicequestions.

▪ Commercial Outlines▪ Most professors don’t allow these.▪ Can be helpful for clarifying a specific topic while you study

Other Study Resources

▪ Commercial materials▪ E&Es, Flashcards, Prepared hypotheticals

▪ Sample Questions▪ Especially from your professors!▪ Library website: http://lawlibrary.arizona.edu/student-services▪ Sample Answers are another good habit for practice:

▪ Modeling your work on sample memos, briefs, forms, in practice.

▪ Hypos with your study group

▪ Practice Writing Answers Yourself!

Don’t forget to pack exam essentials the night before!

▪ Snacks and water

▪ Laptop and charger (unless computer lab or written)

▪ Your Outline

▪ Earplugs if desired

▪ Other allowed materials▪ EX: textbook, supplement

TIPS FOR TAKING THE EXAM

Exam Tips

▪ Spot the issues and how they work together

▪ Write in a clear, organized fashion (simplicity)

▪ Argue both sides, but don’t make up facts and then spend time discussing your made-up facts

▪ Some professors want case names (use shortened version)

▪ Pay attention to what is important to the professor

▪ More writing does not necessarily mean a better grade

FIRST THINGS FIRST

ANSWER THE QUESTION!!

TIME ALLOCATION

▪ How much time for each question?

▪ Points are proportional to suggested time

▪ Give yourself a few extra minutes

▪ Exam4 has a timer and can set reminders

• Read the end of the question FIRST to find out exactly what is being asked.

• Then, read and issue spot in the hypo.

• Make notes or outline if you find it helpful.

• Think about organization – Headings?

• Start writing.

HOW TO READ A QUESTION

You might want to re-read a question two or three times.

But, it depends. Be wise with your time.

HOW TO READ A QUESTION

CREAC

▪ Conclusion▪ Rule▪ Explanation▪ Application▪ Conclusion

IRAC

▪ Issue▪ Rule▪ Application▪ Conclusion

Helpful Acronyms

ORGANIZATION OVERVIEW

▪ State the issue/conclusion.▪ Give the legal doctrine and relevant rule explanation.▪ APPLY the rule to your facts.▪ State assumptions you make. ▪ Argue both sides!▪ Come to a conclusion, even if it is a “probably.”▪ Extra points for policy reasons behind the rule.

CONCLUSION

▪ “The court will probably find that there were sufficient minimum contacts for personal jurisdiction.”

▪ “A court should find that there was Intentional Infliction of Emotional Distress.”

▪ “Congress has probably violated the Commerce Clause by attempting to regulate state drug laws.”

RULE

▪ “A defendant must have sufficient minimum contacts in a jurisdiction for a court to exercise personal jurisdiction over him.”

▪ “Intentional Infliction of Emotional Distress has three elements . . .”

EXPLANATION

▪ “International Shoe laid out several factors to consider to determine whether there are sufficient minimum contacts, including . . .”

▪ “Some courts may be more lenient in allowing an IIED claim to go forward, so they analyze the requirements differently.”

APPLICATION

This is where you apply the law to your facts!

Don't forget this—it's often the core of your answer.

CONCLUSION

▪ “Because the defendant has done business in Arizona and continues to have clients there, a court will probably find sufficient minimum contacts even though his principle place of business is California.”

▪ “Even if this court were to apply the stricter standards for IIED, a court would probably find that plaintiff has pled a valid claim.”

QUESTIONS

▪ What if I come to the opposite conclusion than what the professor wanted?

▪ What about shortening words?

▪ What if I can’t decide on a conclusion?

▪ What about case names?

▪ What if I run out of time?

▪ What if I think of something at the end that should have gone in the middle?

QUESTIONS

▪ What if my computer spontaneously combusts just before the end of the exam and everything I wrote is lost?!?!?!!?

RELAX!!!!

Take care of yourself!

TRUST YOURSELF!

Don't ruminate.

You never have to think about the exam...EVER AGAIN

Have fun once it’sdone!

Exams will be over before you know it and you will have a month

to recover.