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Study Technique Time Management

How to Remember Better

If you want to improve your memory and remember better, try the spacing effect. The spacing effect is a scientifically documented phenomenon where people learn better when they learn material over time. The opposite of spaced presentation is massed presentation, which we call cramming. Many students wait till a week or two before the exam to really begin studying. And then spend the night before the exam reading the material over and over again. Though cramming works up to a point, studies confirm that students who use spaced repetition outperform those that cram. By the way, if you cram the night before an exam, you might want to watch my episode 10 Exam Day Tips.

In legal education, spaced learning is extremely important because of the bar exam. In college you could take a course and never again be tested on the date that Rome fell or on the innerworkings of a cell. But the material in your first semester of law school will be tested again on the bar exam. By studying the material throughout the semester, not only will you do better on the final but you will also perform better on the bar exam.

How to Remember Better

You are probably asking, “How do I do this?” One technique for incorporating spaced repetition is through the use of Leitner boxes, which I describe in detail in my post on memorizing information.  This flashcard technique incorporates spaced learning into your daily study routine. You create four boxes, or stacks of cards if you don’t have actual boxes. Then you regularly look at the flashcards reviewing information you don’t know well often, and information that you’ve mastered less often. This technique has been proven to reduce the overall amount of time you study.

Wrist watch to help remember better over timeIn 1885, German psychologist Julius Ebbinghaus published his work called “On Memory.” For the first time in history, he quantified how quickly we forget by charting the “forgetting curve.” The most drastic forgetting occurs within the first hour and then begins to level off after one day. The good news is that you can benefit from Ebbinghaus’ breakthrough study. Given the rapid decline in our memory, the optimal time to review information is within the first 24 hours of first learning it. If you review your notes within 24 hours after class, you will make a stronger mental connection to that knowledge. This will help keep it in your memory longer. By repeating this process, not only will you retain the knowledge for the final, but also for the bar exam. For additional interesting information on how memory works, here is an article on long term memory retention.

Bart & Lisa

Let me end with a short apocryphal story. Bart and Lisa were both in the same Torts class, each struggling to understand proximate cause. On the final exam, both got an A on the proximate cause question. But Bart spent 20 hours learning the concept while Lisa spent 15 hours on it. Lisa was able to accomplish this by starting earlier in the semester using spaced repetition. Bart waited until two weeks before the final and then he crammed. Three years later, Lisa quickly picked up proximate cause while Bart spent hours relearning it.

The moral of the story is this: if you start studying right after class, and keep reviewing up to the final, you will take less overall time mastering the material and retain it in long-term memory. Cramming may help, but in the long run it won’t help you remember better.

 

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Essay Exam law school academic success

Black Letter Law

What do professors mean when they say you need to know black letter law, or hornbook law? Black letter laws are the legal rules and principles that are so well accepted across the country that there is no longer any basic disagreement as to what they are. But keep in mind many states have slight variations on how they articulate the rules. Also, states may define certain key terms slightly differently. So when you become a lawyer, or if a professor asks for a certain state’s rule, make sure that you use the variation in your state.

With that slight caveat, no one would dispute, for example, that a tortious battery requires the intentional harmful or offensive contact of another. That is black letter law, as noted in my book on the intentional torts.

Law School Exams

Almost all law professors will require you to learn black letter law for exam purposes. This is because law schools, except in Louisiana and Puerto Rico, are preparing you to practice anywhere in the country. Also, the uniform portions of the bar exam will test you on these rules.

Many of you are wondering where to find these black letter rules. As I mentioned earlier, these rules are also called hornbook rules because you can find them in hornbooks. A hornbook is a book that attempts to capture the most important rules in a single area of law. Some examples include Criminal Law by LaFave, Torts by Dobbs, and Contracts by Perillo. The hornbook writers are able to determine the black letter law by reading cases and legislation from all fifty states, and then distilling them down into a single volume of law.

I do not recommend that students purchase hornbooks because they provide too much information for the typical student. One reason why the hornbooks are so big is because they have extensive footnotes to many cases and legislative enactments. I do recommend that you consider buying concise hornbooks, which condense hornbooks into a more readable size, for example, from 1,000 pages to 250 or 300 pages. For years I assigned concise hornbooks, along with a casebook, as the concise hornbooks provide the most important rules without going into detail about more obscure rules or minority positions.

Bar Exam

Person preparing for bar exam studying the black letter lawIf you are preparing to take the bar exam, the bar prep companies do a decent job in providing you with the black letter law. They do this by distilling the law found in hornbooks into something more manageable. But the law doesn’t always have a clear majority rule amongst the states. In that case, you are unlikely to find those rules on the uniform portions of the bar exam. For a few tips on what not to do more bar exam tips, check out this video on what not to do on bar exam day.

Several years ago I noticed one of these unclear areas in tort law. So I called the National Conference of Bar Examiners, the group that creates the uniform bar exam. I was trying to figure out what rule they would use on the bar exam for that issue. I was told that they don’t test these areas because there is no broad agreement on the rule.

Dissents

Finally, keep in mind that your casebook will have a mix of black letter law and minority positions. This is done for various reasons, such as helping students see two sides of a legal problem or to provide you with a historical progression of a rule. In the words of Charles Evans Hughes: “ A dissent . . . is an appeal . . . to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed . . . .” This article on dissents is lengthy but a good discussion on the importance of dissenting opinions.