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Study Technique Time Management

Time Management Using the Pomodoro Technique

Do you struggle with wasting time and need a tool to help you focus your attention?  The Pomodoro technique, developed by Francesco Cirillo in the 1980’s, is been used by me and millions of others. Let me quote from his book, The Pomodoro Technique. “Every day I went to school, attended classes, studied and went back home… feeling that I didn’t really know what I’d been doing, that I’d been wasting my time…. It was clear to me that the high number of distractions and interruptions and the low level of concentration and motivation were at the root of the confusion I was feeling. So I made a bet with myself, as helpful as it was humiliating: Can you study – really study for 10 minutes?” Does that sound familiar? Do you have problems keeping focus? Even if you are reading, do you ever find that you’ve been reading but you stopped thinking about the reading several pages earlier?

Franceso’s Plan

So here is what Francesco did. He went to his kitchen and grabbed his tomato shaped timer (this is the link to the one I purchased).  By the way, the Italian word for tomato is pomodoro. He then forced himself to study in concentrated bursts, with small breaks in-between each study segement.

Recommended Approach

First, decide what task you are going to work on. Second, set a timer for 25 minutes.  Third, start the timer and continue working on your task until the timer goes off.  Fourth, stop when the timer rings, place an X on a piece of paper, and take a 5-minute break.  Fifth, after the break, go back to the second step and do another pomodoro.  A pomodoro is each uninterrupted 25-minute session, so if something breaks the 25 minute session you don’t mark that down as a completed pomodoro—your good intentions don’t matter.  Finally, when you have four X’s on your piece of paper, take a longer break:  15 to 30 minutes. For those of you that are already studying for long periods of time, you may find that this method helps you with mental exhaustion.  Also, it will help you with knowledge retention. Our brains need breaks to process what we have just learned, so you may learn more by taking mini-breaks rather than longer breaks every few hours. In other words, this technique may allow you to study more efficiently.

Kitchen Timer

With regards to the timer, Francesco recommends a manual kitchen timer, a piece of paper, and a pen or pencil. He believes that taking the timer and winding it creates a psychological decision on your part to complete the task. From a behavioral perspective, you now associate setting the timer and working till the timer goes off, which strengthens your commitment to completing the task. The key is to not give up right away. You should notice a difference within a few days, and mastery of the pomodoro technique anywhere from a week to three weeks of use.

My Experience

As I was preparing this episode I decided to search for pomodoro apps. Sure enough there are several, so I downloaded a free one called Focus Keeper Free. It makes a ticking sound, just like a manual kitchen timer.  It has a digital countdown and an analog rotating scale like a kitchen timer. At first I thought the clicking sound would be disturbing, but the sound was actually soothing.  Ironically, I usually have long periods of time without interruptions, but during my first 25 segment I got a phone call and my wife came in to talk to me.  This means I can’t count that segment as a pomodoro.  The app also has a five minute timer that comes on for break time. After a few weeks, I decided to purchase an analog kitchen timer.  I like the physicality better, and it also allows me to move my phone away from me (one of my main distractions). As with any time management technique, the pomodoro technique may or may not work for you. Some people swear by it and others despise it.  All I can do is suggest that you try it for a few weeks and see if it works for you.  For example, do some practice essays using the IRAC method.  If you’ve got a kitchen timer start with that, but if not, try it with a free time management app for a couple of days.

 

 

Categories
law school academic success Physical Study Technique

Study Space Ideas

Are you looking for some good study space ideas? Do you know how to create a study space that will help your learning? In this article I will discuss some tips to help you create a better study space that is more conducive to learning. Primarily, you can accomplish this by eliminating distractions from your study space.

Distraction #1: Internet

student surfing internet. Study space ideas post

When you get bored or the work gets hard, do you start checking your favorite social media site? Do you prefer Facebook, YouTube, and Reddit over boring tasks? Who doesn’t. When I grade exams, which I hate to do, I go and find a quiet spot in the library.  One great study space idea is to find a space without the Internet or your smartphone. Maybe you can leave your phone in another room, so you aren’t tempted. If you need your phone, there are apps that you can use to shut off Internet access for a set amount of time. Shut is off for 15 minutes to begin with, and then turn it off for longer periods of time. You might also find the Pomodoro technique useful in fighting an Internet addiction.

Distraction #2: Environment

For most people, the best temperature to study at is 77 degrees Fahrenheit, 25 degrees Celsius. A few degrees colder or warmer, and you won’t study as well.  In addition to temperature you need to think about the lighting in your study space.  Ideally, natural light is best, but if you are studying at night or in a room without a window, get bulbs that mimic natural night. This means avoiding yellow lights, which mimic candle light.  You want a bulb in the 5,000 to 6,500 kelvin range, which may look blue to you initially if you’re not used to them.  But in reality, bulbs in that range mimic natural sunlight, especially if you purchase a decent LED light bulb.  Compact fluorescents, by the way, are generally not very good at keeping their color, and might create a strange light.  I recommend that, in addition to getting a light in the 5,000 to 6,500 kelvin range, that you also look for an LED bulb that has a CRI above 90. CRI stands for color rendering index, so anything above a 90 will look natural, and not strange. I personally use the Hyperikon wide flood and Hyperikon standard base bulbs. Finally, make sure that your seating is comfortable.  Find something that is comfortable for you, whether that is a chair or a standing desk.

Cluttered desk. Study space ideas post.

Distraction #3: Organization

Your study space should be uncluttered, and it should be clean before starting the next day.  This will help you focus on studying, and not the mess around you. Also, make sure your study materials are all nearby.  You don’t want to keep getting up and down to go get something you need. Also, get rid of anything in the study space that might distract you, like novels, magazines, and pictures that cause your mind to wander.

What to Bring

Bring a large drink so you don’t have to keep getting up.  If you are going to snack, bring your snacks with you. Keep a small notepad on your desk to write down distractions.  For example, if during your study time you realize that you forgot to pay a bill, write it down and deal with it after your study time.

Location

Finally, think about moving your study space from time to time.  Scientific studies have shown that our brains work better when we are in new environments and do things differently.  To help my brain, I avoid driving the same way all the time, instead varying my path to keep the neural connectors working better.  For you that might mean studying at different coffee shops, or at least at different tables in the coffee shop.  In the library, move around—don’t always go to the same table.

Breaks

Make sure to take regular breaks. The brain is not designed to work without some rest, so build that into the routine. At some point, you may hit a mental roadblock and need to do something to break the mental roadblock.

 

 

Categories
Exam Preparation law school academic success

Do I Need Tutoring Services?

Are you considering tutoring services to help you next semester?  Maybe you got your grades back and you didn’t do as well as you wanted. Or perhaps you just want to do better with a little extra help. Whatever your situation, law school tutoring services can help you reach your goals.

Law School Professors

Law schools don’t provide the individualized attention you need to reach your full potential. At many law schools, professors are not available, will not discuss with you how to write law school exams, or will not review your practice exams. This is because most law schools reward professors who write law review articles. Not those who spend time helping students. Or, you may have a tenured professor who just doesn’t spend a lot of time at the law school anymore.

Academic Support Department

If you’re lucky, you’re at a law school with an academic support department. The professionals in these departments tend to have a great deal of expertise, which can help you improve. But most of these professionals are overworked, assisting more students than they can reasonably help. This means that they do triage, creating workshops on general topics like note taking and IRAC. And if you schedule a meeting with one of them, the meetings are usually short because they are booked in back-to-back meetings.

Law School Tutor

A law school tutor will spend the time you need working for you, listening to you, and figuring out where you need help. One-on-one law school tutoring is powerful because you’re not like everyone else at your law school. You came to law school with certain skills, knowledge, and abilities that are different from your classmates. Some of your classmates already have strong writing skills. Some of them were in majors, like philosophy, that emphasized the critical thinking skills needed in law school. Others went to private prep schools, which taught them how to study better.

running race so need law school tutoring

Let me use an analogy. You are in a race with your classmates. As you prepare to start the race, you all are placed on the track, but not all at the same starting place. Many of your classmates are starting the race closer to the “A” grade because of the advantages they brought with them to law school. Unfortunately, law school is not a level playing field. But you can learn how to outrun your classmates if you train the right way.

Self-Help

Now don’t get me wrong, going to your academic success department, reading some books, and watching videos on this channel will help. But most of your classmates are doing the exact same thing. For example, I recommend that you read Writing Essay Exams to Succeed in Law School, a resource I’ve assigned for years.  But you need help to run past your classmates in the law school race. And trust me, this is a race in every meaning of the word. Why? Because your professor will assign grades based on a forced curve, where there are few winners. Everyone will be ranked, highest to lowest. Those in first, second, and third place get A’s, and everyone else gets lower grades based on how they performed relative to the other students in the class.

Law Tutor Qualifications

So how do you find a good law school tutor? If you type “law school tutor” in your search engine, you’re going to find many options. Look at the qualifications of the tutors. By qualifications, I mean what have they have done during their career, not where they went to law school years ago. The law school someone attended is based on a standardized test score and undergraduate grades, not the tutor’s ability to help you succeed in law school today. Also, the grades they got in law school is not relevant. Why? Because you are not them. You do not have the same knowledge, skills, and ability that they did when they attended law school. Finally, remember that anyone can create a website and begin selling law school tutoring services. Use your critical thinking skills before you hire just anyone with a pretty ad to help you.

Ideally, you want somebody who’s taught thousands of law students. A law school professor makes the best tutor because he or she understands law students. The professor has worked with students, developing strategies to help struggling law students succeed. Also, law professors have written and graded exams, which helps them in providing their expertise to you.

Testimonials

Look for online reviews or testimonials. Has the tutor helped students throughout the country? Have they helped students at unranked law schools up to the elite law schools? What are others saying about them.

And finally, do you trust the tutor to do a good job? Sometimes you have to take a chance, so look for a free introductory session or a money-back guarantee.

Cost versus Benefit

Tutoring services are not cheap, at least from qualified tutors. You need to ask yourself: how much are better grades worth to me? Law students are coming out of law school with huge debt loads, with many now graduating with over $200,000 in debt. A tutor can help with higher grades, which can lead to law review, moot court, and other law school honors. And usually, once you’ve mastered law school exams and are getting better grades, you won’t need to continue with a tutor. But till then, you may want to weigh the cost and benefit of tutoring services.

Tip from a Law Student

I was lucky enough to go to a school that, had excellent professors, who were willing to meet with me. But occasionally I found that I needed help. In one class, for example, I needed a tutor, but I hadn’t planned for it in my budget.  I ended up earning my lowest grade in law school, and now wish I could have found a law school tutor.

So here is my advice:  set aside some money at the beginning of the semester in case you need law school tutoring services.  Place this future expense in your budget, and spend a little less money on going out.  And if you don’t end up needing a tutor, that’s a little more money in your pocket at the end of the semester!

Andrea

 

Categories
law school academic success Time Management

What to do Between Semesters

Wondering what to do between semesters? Are you bored, or ready to get a head start? Here are 12 tips on what to do between semesters. Some of the tips are school related, while others are not. The key is to find a balance between preparing for school and relaxing a bit—both are important. You may have two, three, or even four weeks off, so use the time wisely.

Tip #1

Family and friends. This is the time to reconnect with your family and friends. School is demanding, so take time over the break to visit with them, ask them what their last few months were like. Resist the temptation to talk about yourself, and instead listen to them. If you have trouble focusing on others, consider reading this short article on active listening.

Tip #2

Reflect on the past semester. Ask yourself what worked, what didn’t work, and what you will do differently. Not only in school, but in your personal life. I used to think reflection was silly, but there are significant educational benefits to self-reflection. You may want to start journaling if you don’t do so already.

Tip #3

Create process goals. A process goal involves how you are going to do things. For example, you may decide to get to school an hour earlier so that you can study in the library. Or you may decide to make flash cards each day after classes are over. A goal to get an “A” in a class is not a process goal. You can control the process, but not the outcome. To delve deeper on this, watch this video on how to set goals.

Tip #4

Plan next semester’s schedule. If you don’t have a schedule, then make one and stick to it. This includes not only going to class, but deciding when you are going to study, eat, sleep, exercise, shop, relax, and attend religious services.

Tip #5

Exercise. You need exercise not only for your body, but also for your brain. Studies show that exercise is correlated to increased cognitive ability.

Tip #6

Read a good book. And no, I don’t mean your textbook. Read something that is going to challenge you and get you to think about the great ideas. I recommend Aristotle’s Nicomachean Ethics, Thomas à Kempis’ Imitation of Christ, Sun Tzu’s Art of War, Sertillanges The Intellectual Life, or any other of the numerous great books.

Tip #7

Review the material for next semester. If you have your textbooks, look through them and start getting familiar with what you will be covering next semester.

Tip #8

YouTube and blogs. I don’t mean for entertainment, though you should do some of that. Look for videos and blogs that will help you next semester. If you need help with writing essay exams, find a useful blog post, like this one on the IRAC method. If you are having problems with grammar, find blogs that will help you improve your language skills.

Tip #9

Online courses. If you can find online courses that will help you with the skills you need next semester, or in courses that you are going to take, then enroll in the course. I’m talking about relatively short courses so that you can complete soon, that way you can go into the semester with an understanding of the material. It takes our minds some time to digest knowledge, so get a head start over the break.

Tip #10

Watch a movie. Go out and enjoy some popcorn, a drink, and movie with some friends. This is the time to relax a bit before you start the next semester.

Tip #11

Enjoy nature. Find a park, mountain, ocean, or other nature preserve where you can walk outdoors. It’s important to get away from the city and enjoy an open space.

Tip #12

Improve your writing. Figure out where your writing needs improvement and then work on that area. I’m not saying move from a weak writer to the best writer in the world, but make one incremental improvement. The key is to not give up on this important skill, and instead to continue improving. One day, you will be the great writer that you need to be to get top grades on your essay exams. If you don’t have an exam improvement book, I recommend Writing Essay Exams to Succeed in Law School.

 

 

Categories
Exam Preparation law school academic success Study Technique

Study Group How To

Are you wondering whether you should join a study group, or if you’re in one, how to make it work better? There is an ancient Japanese proverb that says: “None of us is as smart as all of us.” In general, that is true. But study groups that are not designed well can lead to pooled ignorance.

Advantages

One advantage of study groups is that it creates accountability. If you know you must complete a group project by a certain date, you’re going to get it done. But if you’re not convinced, here is a scientific article on the benefits of small groups outside of the classroom.

Here are seven tips for successful small groups.

Tip 1

One, set a time limit and the number of hours you will meet. For most of the semester, a one hour meeting, two or three times a week should be enough. As you get closer to finals, you will want to increase that amount. But any more than that and you will probably be wasting time.

Tip 2

Two, focus on discussing the confusing areas, not everything that was discussed in class. All too often, a study group can morph into a social group. While we all need community, too much social interaction defeats the learning aspect of the group, as group members start gossiping about others and griping about professors. That’s just not productive.

Tip 3

Three, trade outlines. Before your meeting, decide on what part of the law you are going to work on and then at the meeting, swap outlines. Everyone has to prepare their own outline, but by trading them you can expose gaps in your understanding and discover errors.

Tip 4

Four, do practice exams and then grade someone else’s essay. Doing a practice exam, without feedback from someone, is practically worthless.   Take an old exam, or a commercial practice exam. Once you complete the exam, trade it with someone else in the group. Each person will grade that other person’s exam, and you have to agree to be brutally honest in your grading. Now, here’s the magic with this approach. Not only are you getting feedback from someone else, but you are grading someone else’s exam so you will be more objective. Unfortunately, when we grade our own work, we are often unable to see the flaws. But when you grade somebody else’s exam, you see more of their problems than they do. And by spotting that other person’s problems, you develop a more critical eye, which will help you when you take your final exam.  If you need some practice exams, there are some exams you can download for free at this exam bank.

No cell phone sign. Use with study group.Tip 5

Five, eliminate distractions during your sessions. This means either turning off your phones or turning them to airplane mode. You may have to agree to place all your phones in the middle of the table to prevent distractions.

Tip 6

Six, review the law by asking each other questions about the law. You can make a game out of this, where two of you take one side, and two on the other. You might even want to use flashcards, which will help you expose gaps in your knowledge–I recommend the creating a Leitner box, which is an advanced flashcard method.   The key is for the study group to focus on the rules of law that are likely to appear on the final exam.

Tip 7

Seven, assign tasks. Divide the work evenly and in a way that each member knows exactly what they are responsible for.

Membership and Don’ts

So who should you include in your study group? Limit the group to 3 or 4 people. Two is not enough, and when you start getting to 5 and above, you create a situation where some members may not fully participate. You get the freeloader problem. The members of the group should have similar goals, be focused, and motivated. Remember, the study group is helping you prepare for the final exam and is NOT a therapy session. Also, look for a bit of intellectual diversity in the group. If you’re all progressives or you’re all conservatives, you are more likely going to develop group think. By mixing it up a bit, the group will be stronger as you bring your differences with you to the table.

 

Categories
Classroom

Cold Calling Survival Tips

Cold calling is a technique used by professors to randomly call on students during class and ask them questions about the assigned reading. Though fear is not the best motivator, it does remain an effective tool in the teacher’s arsenal. Questions can deal with assigned cases, including the facts, procedure, policy, law, or the dissenting opinions. Professors also might ask hypothetical questions, forcing you to apply new facts to the law you are learning.  Here is an article on the pros and cons of cold calling.

Reasons for Cold Calling

There are several rationales for cold calling. First is the rarely used boot camp approach. This is when the professor’s sole purpose is to keep asking you questions until you get a question wrong. As in boot camp, the professor will destroy you so that you can be rebuilt.

Second, cold calling is a means to ensure that you have read the material. This type of professor may call on many people during each class and ask each student a question or two.

Third, a professor might want to keep everyone engaged, so they ask questions to ensure that everyone has a chance to talk.

Fourth, some professors take a more practical, skills-based approach, asking questions so that you get used to thinking on your feet—a skill that will help you in the courtroom.

Cold Calling Survival Tips

Large courtroom to illustrate need for cold calling skillsLet’s move on to some tips you can use to survive the cold call.

Tip 1

One, be prepared. This means reading the assigned materials and preparing a short case brief. But make sure you prepare the right kind of case brief as I describe in my episode on “How to Brief a Case.”

Tip 2

Two, if you don’t understand the question, ask the professor to rephrase the question. Sometimes the professor asks the question in a way that just doesn’t make sense. Also, if the question is confusing, you can rephrase it and verify that is what the professor is looking for.

Tip 3

Three, if the professor starts to move to another student before you’ve answered the question, tell the professor that you are prepared but you just need another minute to think about it.

Tip 4

Four, act with confidence. Students that fumble around and act like they are not prepared, even when they are, will be perceived as not being prepared. Also the professor is likely to give the confident student the benefit of the doubt when you provide a wrong or so-so answer.

Tip 5

Five, relax and trust yourself. Many students crash and burn because they are nervous. I’ve had dozens of students come to me after class, telling me that they knew the answers but were afraid to answer the question for fear of getting it wrong. It is better to go down in flames than to never have tried at all.

Tip 6

Six, show your professor respect, as professors tend to have huge egos. When I was a student, I was in class with an older student who had real-life experience in the area we were covering. The student told the professor that a question he had just asked was stupid and it would never happen in the real world. The professor got furious, and I thought there was going to be a fist fight. If you show disrespect, you may find the professor asking questions designed to humiliate you.

Tip 7

Seven, stay on target. By this I mean answer the question you were asked and don’t go off on any rabbit trails.

And finally, admit when you are not prepared. When a student can’t answer my question, I ask them more questions to determine if they are unprepared. This may go on for a few minutes, which can be painful for everyone in the class, including you. By the way, some professors will keep asking questions as a way to humiliate the unprepared student. Take your medicine, move on.

Unprepared

Consequences for not being prepared can include shaming, being marked absent, a lower course grade, being thrown out of class, humiliation, and continued cold calling by the professor throughout the semester. If there is a grade reduction possibility, that should be posted in the syllabus.

If you need help with cold calling, our tutors are available to help.

 

Categories
Essay Exam Exam Preparation Study Technique

How to Make a Law School Outline

Do you need to learn how to make a law school outline? Your outline is, nothing more and nothing less, than your blueprint for doing well on the exam. This means understanding law school exam grading, which I cover in detail in the episode called Law School Exam Grading.

First, let’s discuss what you should NOT do when creating a law school outline. A mistake that many law students make is to take their class notes, rearrange them a bit, and then place them into their outline. That is not an outline, but rather a rearranged set of notes.

Also, do NOT include facts from cases discussed in class. The only thing you need from cases discussed in class are the rules from those cases.

So now let’s talk about what should go into an outline. The first thing you need is a framework for the course. I recommend that you take the table of contents from your assigned book, or the course syllabus, and use that as a starting point. You might change the format as you go along, but you need to have something to get you going.

The Rules

Second, place the rules that you learned into the outline. The rules and exceptions to the rules need to be as concise as possible, and written in your own words. For example, suppose you have a case from 1894 and the case states the rule as follows: the wrong inflicted, when the defendant so did with intent, and with force that contacted the victim’s person, must result in adequate compensation for that injury. Now let’s take that archaic language and write something like this: A defendant’s intentional action will result in the defendant paying for all damages. So see what I did there? I took that old language, rearranged it, and turned it into something that we can understand today. Generally, law school exams will only test you on the black letter law.

Third, if the professor tells you, or strongly hints that something is going to be on the exam, then make a note of that in your law school outline.

Fourth, if you know your professor will test you on policy, place the policy arguments in the outline. More on what to transfer from your class notes in the episode “Taking Notes in Law School: The Content.”

Fifth, think about the size of your outline. Since the outline is the primary tool you’ll be using to crush your final, it must be useable. This means short and to the point rule statements that you can use on the exam. Think about it. You will remember a 15-word rule statement a lot better than a 22-word rule statement. This article provides a good example of what an outline could look like.

When to Look at Another Outline

Finally, when you have worked as hard as you can and you believe you have the perfect law school outline, then, and only then, look at an outline that someone else created. As I noted in my last episode, “Why Create Your Own Law School Outlines,” it is critically important that you first work on the outline by yourself because that will help you learn the law better. When you see the differences in the two outlines, don’t just make the changes. Think about the differences. Ask yourself, why is there a difference? You may find that your outline that you wrote is better in a particular area, or, you may find that you missed something. Once you’ve discovered your errors, go back and find out why you made those errors as that will reveal gaps in your knowledge, and potentially in your understanding of the law. If you stop and reflect, you will learn the law in a way that will help you get a higher score on the exam.

Those who rely solely, or heavily, on commercial outlines created by others create the illusion that they know the law. But they are failing to make the connections that are necessary to get high grades.

Categories
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.

 

Categories
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.

 

Categories
law school academic success Physical

How the Brain Benefits from Exercise

Recent studies indicate that the brain benefits from exercise. We all know we need to exercise!  And we all know that there are physical health benefits from exercising. But did you know that exercise will help you in the classroom and while studying, as well? While reading Spark: The Revolutionary New Science of Exercise and the Brain, written by Harvard professor John Ratey, M.D., I discovered that modern science is confirming what the ancients understood thousands of years ago. Dr. Ratey begins by quoting from Plato’s Republic:

Plato in bronzeIn order for man to succeed in life, God provided him with two means, education and physical activity. Not separately, one for the soul and the other for the body, but for the two together. With these two means, man can attain perfection.

-Plato, Republic, Book 3, 411e

Dr. Ratey makes the startling claim that exercise has the primary effect of improving brain function, and secondarily, cardio vascular and muscle improvement. In one long-running experiment at an Illinois high school, physical fitness was incorporated into the curriculum. The result was a 17% increase in reading and comprehension. Do you know how many teachers would kill to see that kind of improvement?! At the same high school, students took an international math and science test, in which the Asian countries typically outperform the rest of the world. The students at this American high school came in first place for science and sixth place for math, in the entire world. Not bad for a world-wide competition! This and many other studies demonstrate a strong connection between physical fitness and academic achievement.

Additional Benefits

In addition to academic achievement, studies have found other beneficial results. People who exercise can lower depression, reduce violence, and help increase focus for those with attention disorders. (Researchers in this article state, “Health experts often remark that if exercise came in pill form it would be the most sought-after drug on the market.”) For example, one inner city school that added a physical fitness component to their curriculum saw a significant decrease in fighting. By the way, these studies have been replicated at schools in more financially stable neighborhoods as well as disadvantaged neighborhoods. In other words, regardless of your socio-economic condition or current class standing, you should see an improvement in your academic results by incorporating exercise into your routine.

What You Can Do

Brain and heart on a board, showing how exercise benefits the brainSo what can you do to achieve some of these results? First, you need to get your heart rate up to 80-90% of its potential based on your age group. You can check this heart rate calculator to help you determine what is right for you, keeping in mind that you should discuss this with your doctor before embarking on a new physical exercise routine.

Second, doing exercise in the morning has a positive effect on your learning all day long.

Third, for maximum effect, work on your most difficult material right after you exercise. Time is of the essence here, so bring something with you and read it before you shower. The longer you wait after exercising to study, the less effective it will be.

Fourth, more complex exercise provides even more benefits than something like running. I suppose if you can find someone to do ballroom dancing with in the morning, that would be the most effective. Though, I’m not sure how many of us want to get up at 6 am to do the salsa or tango!

Finding Time

Now, some of you are thinking, sounds great, but I just don’t have time to exercise. So here’s my question to you: with a potential 20% increase in your scores, do you really have the time to NOT exercise? You will also find that exercise can help break mental roadblocks.

My recommendation is to start easy and at times that work with your schedule. Early morning may not work for you so try afternoon or evening. Going to the gym every day may be ambitious at the beginning, so start with exercising two days a week. The key is just to start and then gradually make it a habit. Also, make sure to study your most challenging material right after your workout for maximum learning. Also, check out this video on how to get through challenging material for even more ideas.