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Classroom law school academic success Study Technique

8 Tips for Staying Awake and Engaged in Class

Here are 8 tips when you need help staying awake and engaged in class when you are zoning out, spacing out, distracted, daydreaming, or flat-out falling asleep! These are all real issues that every student faces. If you are having problems outside of class, you may want to learn how to use  mindfulness to improve concentration. Here are a few ideas to teach you how to pull your attention back to the important material being discussed in class.

Tip 1

One, turn off all electronic devices and put them away. Put your cell phone in a locker, the front of the room, keep it away from you so you’re not tempted. Recent studies show multitasking is ineffective. You do your best when you focus on one thing at a time. Electronics pull your attention away from the discussion and you might miss important information.

Tip 2

Two, sit as close to the front on the classroom as possible. Students who sit at the front score higher on tests for many reasons. There are fewer distractions from others, the material on the board is easier to read, and it is harder to fall asleep when you’re closer to the professor. Also, sound begins to dissipate at 8-12 feet away; so if you are beyond that range, your ability to understand is more difficult. Finally, those in the front are making a public commitment to learning, which actually results in more learning.

Tip 3

Three, recognizing that daydreaming happens to all of us, use a few strategies to get back on “To Do” list and then get back to paying attention. A second technique is to visualize you and your professor are in a one-on-one conversation. Focus on his or her eye, body language, and facial expressions just like you would in a one-on-one meeting.

Tip 4

Four, defer judgment. When you disagree with something that was said, write it down, mark it with a big “D”, then spend some time after class reflecting on the disagreement rather than focusing on it during class. Dwelling on it through the rest of the class is just going to take you away from the class and you are not going to be engaged with the discussion.

Raised hands for staying awake in class

Tip 5

Five, participate. If your professor asks for volunteers, then occasionally raise your hand. I know, I know. Most of you don’t want to be “that student” that is constantly raising their hand to hear themselves talk. But decide to raise your hand every other class or once per class. Regardless of whether you are speaking aloud or not, you should always be answering the professor’s questions in your mind.

Tip 6

Six, on days when you are really finding it hard to stay engaged, write your goals at the top of your notes. For example, your goal might be to get on Law Review. It might be to keep your scholarship money or just to make it through school. Write it at the top of the page as a reminder of why paying attention is important for you. This gives you a reward, something to look forward to for paying attention. Also, make sure you are taking notes the right way.

Tip 7

Seven, ignore the professor’s lecture style. Maybe your professor says “um” all the time and you start counting the number of times he or she says it. Don’t do that! You are missing the content of the class. If your professor rambles, mark down where you started getting confused and use that as a tool to organize your notes after class. You are going to learn the class better anyway if you do the organization yourself.

Tip 8

Finally, engage in active note-writing. This means listening and then capturing the important thoughts being discussed, though not a verbatim transcript. For example, perhaps the professor uses a hypothetical. Rather than capturing every single word, listen to the hypothetical, answer it in your mind, and then capture some ideas from the hypo. So your notes might go something like this: “hypo dealing with adverse possession and whether car parked on neighbor’s property once a week qualifies, NO!” There you go! You have the essence of the hypothetical and your answer. By the way, a verbatim transcript of class, which will keep you awake, will result in less learning, not more learning. You may wan to learn check out my video on handwriting vs typing notes during class.

 

 

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Essay Exam Exam Grading law school academic success

Law School Exam Myth: Art and Science

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So you get back your first law school exam and you did not do as well as you were hoping. You go to the professor and ask what you could do to improve on the final exam. At some point during your meeting with the professor, he or she says that exam writing is part art and part science. Even I used to say garbage like that when I was a new professor. What the professor is really telling you is that you really can’t improve and there is really nothing that he or she can do to help you. You’re either born with this art or you are not. If it is innate, then, unless you are born with it, you are doomed!

But if this is a skill that you can learn, then you can improve your performance on a law school exam.

You Are Different

Students come to law school with different skills and abilities. Some have had lots of experience writing technical essays and others just have not. Those with strong technical writing skills do better than those without that experience. And this is not art! I have read thousands of law school exams and what I’ve seen is students at various stages in their writing career. I can count on one hand the number of times I have seen great writers during the first semester of law school. And only once have I seen a student who had writing skills that surpassed my own. Since his name was also Beau, I jokingly surmise that there must be something about the name.

So why would a professor tell you that law is part art and part science if it isn’t true? One reason is that it just sounds true, at least until you are challenged by someone else. That’s what happened to me. I gave the whole “its part science, part art” argument to a senior professor with a  Ph.D. in Educational Psychology. He helped me to understand that higher level writing skills are based on an amalgamation of lower level skills. What that means, in the context of essay writing, is that there are many skills that we lump together and conclude that someone is either a strong writer or a weak writer.

Example

The word spelling the chalk board.

Law school exam essay writing is made up of different components: the ability to organize thoughts, writing in paragraph form, using correct spelling, following English grammar, organizing sentences in paragraph form, use of topic sentences, and so on. Once you realize that there is no dark art, some hidden path for the select few, you can begin figuring out how to improve.

Depending on where you start your journey, you may have more or fewer skills you need to learn to catch up with the top writers in your class. But make no mistake, someone that started essay writing in high school has an advantage, just not an insurmountable one.

Continuous Improvement

The key is continuous improvement. To this day, my writing keeps improving. Recently I was writing in a forum and someone compared my writing to Faulkner. I was certainly flattered by the comment but I recognize he would not have made that comment even ten years ago.

Becoming a better writer takes determination. You need to first diagnose where you are and then work on developing those lower level skills. Once you’ve mastered those skills, then you start working on higher skills, and higher skills. The key is to keep practicing until you improve. (Check out these apps to work on your writing skills.)

The biggest mistake I see when grading law school exams is students failing to distinguish between issues. All issues and sub-issues are lumped together, without using the IRAC method. All that accomplishes is a poorly written law school exam. Before your next exam complete some practice exams–you can get some at my exam bank .

Once you realize that you don’t have to have been born a skilled writer, and have implemented your new skills on the final exam, check out my mini series on steps to take after completing the final exam.

Advanced Law School Tip

If you are ready to take your exams to the next level, you need to write your exams using the Nested IRAC method. This approach to writing law school essay exams is what usually distinguishes the top students. Practice using the method a few times, that way it becomes second nature. Also, organize your notes by creating a pre-written essay outline, which will save you time on the exam.

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Classroom law school academic success Study Technique

Law School Notes

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Are you wondering how to take law school notes? If you are not a genius, like Mike from Suits, you will need to learn how to take notes during a classroom discussion. Many students fall into the trap of thinking they need to write down every word said during a class. This is a mistake! The key is engagement, rather than mindlessly copying everything you hear in class.  Additionally, copying everything you hear stimulates the wrong part of the brain, as I discuss in Handwrite or Type Notes, and which is also discussed in the scientific study “The Pen is Mightier than the Keyboard.”

One thing you should be aware of is that most of a classroom discussion is irrelevant for the final exam.  That’s right, 95% of what you hear in class will not be necessary for the final exam!  The key for law school success is to separate the important from the unimportant.  Here are a few things that will help you determine what you need to write down from a classroom discussion.

Keep the End in Mind

When taking law school notes, you need to keep the end in mind. So ask yourself during a classroom discussion, “what do I need to help me in the final exam?” The vast majority of law professors test you on your ability to apply laws to a set of facts, NOT facts from cases read and discussed throughout the course. (Just as an aside, check out this article on how Supreme Court justices write their opinions).  So step number one during class is to figure out the rule that your professor will test you on. Over a typical one and a half hour classroom session, you might have, at most, half a page of notes dedicated to the rules needed for exam purposes. Keep in mind that each case usually represents one rule and you only need a sentence or two for each rule.

Policy Rationale

Shirt with sweat, so you won't sweat it when you take law school notes

Second, a few professors might want you to provide them with policy rationales on an exam. If your professor is going to test you on policy rationales, then yes, capture the policy rationales when they come up in class. If your professor makes past exams available, the best way to find out if he or she tests on policy rationale is by getting an exam from a previous semester, along with the best student answer. Remember, few professors actually want this information on an exam. And even the few that do will not usually assign too many points to policy rationales. So don’t lose too much sleep over policy! In most cases, you can create your own policy rationale, rather than providing the exact policies that were covered in class.

Professor Clues

Third, anytime your professor tells you that something is important, write it down. This is a major clue that you are likely going to see it on the final.  For example, when I teach Torts, I tell students that they will see a products liability question on the final. Also, your professor may say something like “this is very important, so listen.” Again, a clue that you are going to be tested on this.  If you have to, place a star or some mark by this in your notes.

Themes

Fourth, listen for recurring words and themes the professor keeps coming back to. These may be important in helping you determine what he or she might place on the test. Also, if your professor is an expert in an area that they teach, prepare for some of that to appear on your exam.

Writes on Board

Fifth, if the professor writes on the board, put that information in your notes. This is especially true if the professor rarely writes on the board.  If the professor is writing too quickly, see if you’re allowed to make a picture of the board with your smart phone.  However, if your professor writes lots of information on the board, they might be doing it for discussion and not exam purporses.

Don’t Do

Now let’s discuss what NOT to write down. Not everything your professor says or asks needs to go into your notes. Most of a classroom discussion is directed at getting you to understand the facts and law from a particular case. Do not write down facts from a case to help you understand the case better. Unless this is a constitutional law class, you will never need to know the facts from that case again. For example, if you read Pennoyer v. Neff in your Civil Procedure class, you might be tempted to write down some additional facts that the professor provides to help you understand the case. Don’t write those facts down as they are completely useless for exam purposes.

Also, don’t write down what your classmates say. Unless the professor tells you that the colleague just articulated a correct rule of law, much of what your colleagues say is irrelevant. The purpose of the Socratic Method is to get students to get to the right answer. But along the way, there will be dialogue that is just not necessary.

Taking notes is important, so make sure to primarily rely on YOUR law school notes, and not on what you find in study aids.  As I explain in more detail in this video on study aids, there is a right way and a wrong way to use them.

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law school academic success Study Technique

Case Briefs: Key to Success

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To case brief or not to case brief? That is the question! Your professors and academic support faculty are telling you yes. And some upper level students are telling you no.

Early in my teaching career, this question came up in a faculty meeting. In the room were very successful academics who attended the most prestigious law schools in the country. About half of them said they briefed all throughout school, the other half saying they quit after the first semester.

Purpose

Before answering the question, we have to discuss the purpose of case-briefing, which is two-fold. First, case-briefing is designed to prepare you for classroom discussion. Some professors cold-call and you don’t want to be embarrassed by not being prepared. But even if you’re not in that situation, you still need to be prepared because being it will allow for greater engagement during class time. If you’re not engaged, you will not fully understand the discussion which will lead to lower grades.

Rules of Law

Sign that says rules, used in case briefs

The second reason is to get the rule of law. At a bare minimum, before class time, you need to find the rule of law for each case. Write it down. Then revise it during class if it’s not correct. This is important because the rule of law is the only information you will need after you finish discussing the case. If you are struggling with a difficult reading and just cannot find the rule of law, please watch this video on how to get through and understand difficult reading.

Should You Brief Cases

So now let’s answer the question of whether you need to brief cases. The answer is yes and no. During your first semester you should absolutely brief cases, including the case name, the court’s name, relevant facts, procedural history, issue, rule of law, holding, and the Court’s rationale. This is essential because you are learning how to read and understand case law. And I don’t mean a superficial knowledge, but a deep understanding that will help you develop the skills you need to succeed.

Most law students who do not brief cases do so because they think they understand the case after one read-through. They don’t. So use case briefing as a method, at least for the first semester, to learn how to think like a lawyer. After the first semester, if you’ve mastered the skill sufficiently, then you can cut corners. You can start writing notes in the margins of your case book.

How Much Time

Since I’m recommending case-briefing, let’s talk about how much time to spend on this task, which is, not a lot. Your brief should be no more than a page in length and ideally, around half a page.

Additionally, spend the bulk of the time on articulating the rule statement, which is vitally important for the final exam. As for the rest of the case, you only need a working knowledge of the case for classroom discussion. You do not need to completely master a case because you will never look at that case after the class is over. Some of your colleagues will spend hours on a single case, attempting to master every part of it. That’s a waste of time and effort since your two goals are class engagement and rule identification. Your time is better spent on other tasks like outlining and final exam prep. As I tell my students, if you are called on and you miss some facts or you don’t have the rule exactly right, the result is a little embarrassment. But ultimately most if not all of your course grade is coming from a single final exam. Instead you should use your time in a way that will maximize your grade, not help you feel better after being called on by the professor.

As an aside, if you are considering using study aids to get your case briefs, DON’T! Canned case briefs will not help you develop the skills you need to succeed in law school.

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law school academic success Study Technique

How to Read and Outline a Book

Have you wondered what is the best way to read and outline a book? When most students read an assignment from a book, they pull out the book and the assignment, which says, for example, read pages 39-47. So they go and read the pages. That’s what most of us do unless you learn how to read a book better.

When you start reading the assignment on those pages, have you ever asked yourself what you are about to read? Probably not. Students will of course know the title of the course and maybe even the topic. But they probably will not have a good sense of what they will be covering for that particular assignment or even, for that matter, the course. So here are some steps to help you learn how to read books better. (If the reading is especially difficult, try out the 15 minute method video)

Table of Contents

First, review the table of contents. This will help you understand what the book is about, where the author is going, and how the author is getting there. You need to do this so you can start developing your own schema, which will help you understand and categorize the material better.

After you review the table of contents, I strongly recommend that you then use the table as your outline. If this is new material for you, then you don’t have a starting point. Presumably the book’s author is an expert and has categorized the material in a systematic manner. If at some point during the course you find a better way of organizing the material, then by all means, make changes. But at the beginning, the table of contents is a great organizational tool to help you start your outline.

Index

Step number two is to look at the index. The index will help provide you with all sorts of great information that will give you a sense of where the author is going, what are the key terms, how much does he or she cover certain material. All of this is very valuable information that will help you learn the law better.

Chapter Summary

Step three, go to each chapter in the book and see if the author has provided a chapter summary at the beginning or ending of each chapter. Many books have this kind of summary information. Read it so you will have a sense of what the book is about.

Skim the Book

Step four, skim through the book. Read a few paragraphs here and there to get a sense of the author’s style and purpose. Also go to the end of the book and read through the last few pages since most authors summarize the book at the end.

Many of you are not convinced that this will help. So let me tell you why these steps are important by sharing a story with you.

Picture of President George Washington.

Suppose for a moment you know nothing about American history. Someone shares with you a story about some low-ranking colonial officer that served in the British colonial forces in the 1750s during the Seven Years’ War. Your initial reaction would probably be one of disdain as you wonder why you would care about some lowly colonial officer who lived some 300 years ago. But as you get more of the story, you find out that the officer’s name was George Washington. Now, without more information, that is also rather meaningless. Finally you find out that this George Washington guy went on to lead the American army during the war of independence from England and he became America’s first President. Now it all starts to make sense.

So do you see what I did there? I created context for you which helped you learn the story better. Without that context, you would have forgotten the information. But with context you were more likely to remember it because you understand where it fits in with everything else that is stored in your brain.

Non-Fiction

It’s no different with works of nonfiction. If you just start reading a book, like most of you currently do, your brain doesn’t have the place to put the new information. But your brain desperately wants to comprehend that information. So it starts working on placing that new information in categories. In effect, unless you provide some context for the new information, you’re asking your brain to do double duty. One, to create new categories for the information. And two, place that new information into those new categories. But it’s even worse than that! Because in addition to adding two steps to the process, you’re creating categories that later on may not make any sense. So you may have to forget bad categories and learn better ones.

So by following these steps, you will create context for what you will learn, which will help you learn the material faster and better than if you just jump in and read the assigned pages. To see how to take preparing your reading assignments to the next level, check out How to Prepare for Law School Classes.

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Essay Exam law school academic success Study Technique

Memorization Issues: Try Leitner Boxes (Flash Cards)!

Have you considered using flash cards in a more focused manner? If you have worked hard to prepare for classes all semester, you probably get frustrated when you have trouble memorizing the law for final exams. This method will help you move that information from your short-term memory to long-term memory. Unless active steps are taken to remember what we learn, much of that is forgotten within the first 24 hours of learning it. (See this government publication  for more information on the different types of memory.) The Leitner boxes will help you retain that information throughout the semester. Also, you will want to use the elaborative interrogation technique for deep learning.

Four Sets

For this method, you will need notecards and four boxes to hold those notecards. After you have assembled these materials, the first step is to write on the notecards. This includes all of the rule statements, definitions, etc., you will need for your final exam. All of these cards will go in box number one.

Next, memorize all of the information on each notecard perfectly. Perfectly means you can recite all of the information on the notecard without looking down at it once. You go through all of the notecards in box number one every two days. Once you have a notecard memorized, it goes in box number two.

The notecards in box number two you will go through every four days. If there is a card you cannot remember perfectly, it goes back in box number one. Once you have a card from box number two memorized perfectly it goes in box number three.

The notecards in box number three you will go through once a week. Again, if there is a card you cannot remember perfectly, it goes back to the previous box, i.e. box number two. Once you have a card from box number three memorized it goes in box number four.

The notecards in box number four you will go through every two weeks. You get the idea; if there is a card you cannot remember perfectly, it goes back to box number three. Keep reviewing these throughout the semester until the final exam.

Caution

A word of caution to those who know they will be having an open-book or open-notes exam. You still need to know and use this method to learn and remember the information. As you know, the meat of an exam essay answer comes in the analysis / application section. In this section, you link the rule of law to the set of facts provided in the exam question–watch this video on the IRAC method to learn how to to this. Your notes and textbook will not contain the answers to an application portion of an essay. You need to know the rules of law front to back so you can go right into your application section with complete confidence that you know that rule and how to apply it. If you are spending time looking for rule statements or definitions in your notes or books, this will take away time you could be spending on actually analyzing an issue. And if the exam is timed, you do not want to spend that time flipping through your book when you could be writing your answer. The Leitner box method will save you that time because you will already know the information in your notes and in the book and will be able to write it from memory.