Tag: law school tips

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Essay Exam Exam Grading law school academic success Torts

Professor Taking Essay Exam

Professor surprised at reading exam

I created a video, watch a professor take an essay exam, where I take a torts bar exam question I’ve never seen before.  Using bar exam conditions, I limited my time to 30 minutes and took it closed book.  This process was useful for me, because it reminded me of the extreme pressure my students encounter on the bar exam and on law school exams.

Useful Exercise

young woman studyingThere are several reasons why students will find this exercise valuable.  One, it helps them understand that even an expert struggles to complete a bar exam in 30 minutes.  Two, they can observe how an expert uses their time to first prepare to write and then write.  I then wrote the exam using the Nested IRAC method, an organization technique to ensure you don’t miss anything.  Three, they can see an expert make mistakes, and still earn a decent grade on the exam.

The second part of this exercise was to grade the exam using a grading rubric used by many state bar examiners.  I first discussed the grading rubric, then reviewed the bar exam grader’s model answer, and finally reviewed my essay.

Comparing Answers

As I compared my answer to the model answer, I was surprised by a few things. For starters, I noticed that the grader was assigning points almost exclusively for duty and breach of duty. Yet the call of the question asked me to “explain” my answer.  I understood this to mean a full negligence discussion.  That required not only duty and breach, but also actual cause, proximate cause, and damages.  To do this for each of the three plaintiffs was impossible on a 30 minute exam–a poor job in designing this exam.  A more focused question by the bar exam designers would have yielded better answers.  Oh well, c’est la vie.

How Many Points?

Another problem with the essay question was the point allocation of 15% for the final issue on the unforeseeable extent of injury (i.e., the eggshell plaintiff rule).  The call of the question appears to give it equal weight with the first question, which was comprised of three parts. Thankfully, I was running out of time when I got to this issue.  Therefore, I did not spend more time on it than was necessary. But I didn’t know that when I was taking the exam.  So the lesson here is to do your best. There really isn’t a way to know exactly what the grader is looking for.  Make sure to discuss all the main issues, and if you have time then discuss minor issues.

The Documents

Here are the documents I used for this exercise:

 

Categories
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
Essay Exam Exam Preparation Torts

Rule Statements on Exams that Get Top Grades

Hand writing word rules, for rule statements

There are ways to write rule statements on exams that get top grades.  Many students don’t know how to do this, even though it’s not a difficult skill to master. Specifically, students fail to provide thorough rule statements. A thorough rule statement is one that accurately defines the primary issue, each relevant word in the issue, and any related issues.

Desk in rules statement exampleFact Pattern Example

Brad and Bella are in the same high school math class. One day before class, Brad thinks it would be funny to pull the chair from under Bella as she is sitting down.  He quietly goes to Bella’s chair, and just as she is sitting down he pulls the chair out from her. Bella falls on her rump, but is not physically hurt.  Bella is quite embarrassed by Brad’s action. Discuss all causes of action Bella can bring against Brad.

Poor Rule Statements

A poor rule statement for this question might read: “A tort occurs when someone intentionally hits someone else.” The rule discusses parts of a battery, but fails to mention the tort by name.  It also fails to identify, let alone define, all the relevant terms. It is not enough to identify some amorphous intentional torts and fail to specify battery.

Average Rule Statements

An average essay answer might read like this: “a battery is the intentional contact of another in a harmful or offensive manner.” This is a good basic definition for battery. However, it fails to define the three key elements of battery: intent, contact, and harmful or offensive. You may want to watch this video on battery for a deeper understanding of this tort.

Reached top of mountainSuperior Rule Statements

A superior essay will have a rule statement like this:  “a battery is the intentional contact of another in a harmful or offensive manner.  Intent is defined as someone who desires the act, or has knowledge to a substantial certainty that the contact will occur.  Contact is defined as the physical touching of a human being.  And finally, harmful or offensive is measured by what society deems as harmful or offensive.” As you can see, in addition to the average rule statement, you must also define intent, contact, and harmful or offensive.  Why?  Because these three key terms will drive your analysis.

IRAC Method

Remember, it is not enough to use the IRAC method in an answer.  Even average answers tend to use IRAC, but they miss out on points because they fail to define necessary key terms. You don’t have to define obvious words like “is” or “the.” But you do need to define every term that judges and lawyers find significant. And by significant, I mean words that can be disputed at trial.

Application

Finally, don’t forget that a great rule statement is only the first step in getting a good grade. Some students have superb rule statements, and then bomb the application section of their essay.  It is imperative that you apply the facts to the rules to get higher grades. This isn’t the only thing that differentiates the average answer from the superior answer, but it is a significant factor in students receiving lower grades.

How to Improve

The best way to improve is through practice.  You need to take short practice exams and then get feedback on how you performed.  Most professors will not review your practice exams, so get help from your academic support department or private tutor.  Also, create a small group for the sole purpose of taking practice exams. If you’re not in a group, you may want to watch this video on law school study groups.

 

 

Categories
Classroom Study Technique

How to Take Notes in Law School

Law students in classroom taking notes

Cornell UniversityHow to take notes in law school isn’t difficult, if you use the Cornell notetaking method. Developed at Cornell University over 50 years ago, it has been used by people around the world to better organize their thoughts. Once class is over, you will have a better way to find what you covered in class, and to connect ideas covered in previous sessions.

Handwrite or Type Notes

This has become an issue because many students wanting to take notes in law school on their computers during class. While it is possible to use this method on a computer, the preferred method for taking notes during class is by hand. I’ve discussed this extensively in a video called Handwrite or Type Notes. The problem with typing notes is that the mind uses a different part of the brain when typing. And that part of the brain doesn’t retain information very well.

Paper

Cornell method paper take law school notes

The first step is to have the right paper. While you can search for Cornell Method paper and purchase it pre-formatted, you can easily format any paper, lined or blank, with a ruler and pen.  To format the paper yourself, go two inches (5 cm) from the left side and draw a line from the top to bottom, dividing the paper into two columns.  You will take your notes in the much larger right column, and leave the left column alone during class. At the bottom, draw a horizontal line two inches (5 cm) from the bottom, which you will also leave blank during class.

During class you will place all of your notes in the right column.  Don’t try to outline your notes during class. Instead, focus on the content of the discussion.  Now, if there is material that is sequential in nature, then you may want to number it. But don’t try to place the material into a much larger organizational system during class.  For example, suppose that your Torts outline you have Trespass to Land under section III(C).  That is fine, but don’t worry about that during class time.  So if your professor says there are 5 elements to Trespass to Land, then by all means write down 1 through 5, along with the elements. Just don’t worry about aligning it to your outline during the class discussion. By the way, I made a video on Trespass to Land that you might find useful.

Capture Ideas

Next, don’t take verbatim notes. Instead, capture the most important ideas. Since they are your notes, write telegraphically. You have likely seen movies where someone received a telegram. Because people paid by the individual letter they sent, telegrams sound choppy, yet they are completely understandable.  You can employ the same technique and avoid words like a, an, the, or for.  Also, use abbreviations.  In law school, many students use a capital K for contract, a p for plaintiff, and d for defendant.  These are your notes, so create abbreviations that work for you.

CUE Column

Shortly after class, you will use the left side column, which is called the cue column. Cue, spelled C-U-E, are your cues for helping you understand what is in your notes.  You should write down key words in the cue column that correlate to your notes in the right column.  For example, suppose your class discussion was about mutual assent for a contract.  In the cue column you might write down “offer” in one spot and then further down the page you might write down “acceptance.” One advantage of using key words is that you can then find those key words on other pages where they appear, allowing you to tie concepts together, even though they might have been discussed at different times during class, or even over several classes.

Summary Section

Finally, the blank section at the bottom of the page is a summary section.  After you complete the cue section, summarize your notes on that part of the page. This is critically important, because each time you engage with the material you learn it at a deeper level.  Much more so than will occur if you only reread your notes. This is very similar to the Elaborative Interrogation technique, which helps create new connections between concepts.

 

 

Categories
Exam Preparation law school academic success

Do I Need Tutoring Services?

Woman providing tutoring services to law student

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

woman at beach

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
Essay Exam Torts

Nested IRAC

Eggs in nest.

Most students know about the IRAC method, but few know about Nested IRAC. The IRAC method is where you identify the issue, state the rule, provide some analysis, and then state the conclusion. But nested IRAC involves creating a separate IRAC for each issue and sub-issue on the exam.

Battery Example

Let me demonstrate this through a tortious battery example. If you don’t recall the elements to battery, you may want to watch my video on battery first.

Derek and John are in the same high school math class. One morning, Derek decides it will be funny to pull out John’s chair just as John is about to sit down. Derek pulls out the chair, and John falls on the floor. John is not physically hurt, but he is extremely embarrassed. Fully discuss which, if any, intentional tort Derek committed.

Now, let’s look at the type of answer I get from my first-year law students:

Typical First Year Law Student Answer

The issue is whether Derek committed a battery against John. Battery is the intentional contact of another in a harmful or offensive manner. Intent is when there is the desire or knowledge to a substantial certainty that the contact will occur. The contact must be direct or indirect. The contact must result in harm or offence. Derek desired to cause John to fall, because he went to John’s chair, waited till he sat down, and then pulled out the chair. Though Derek did not touch John, he knew that by pulling out the chair, John would fall on his rear, causing it to contact the ground. Also, though John was not hurt, a person in high school would be offended by being embarrassed by falling on his rear in front of other students. For these reasons, Derek committed a battery.

Problems

Did you notice that this answer does use IRAC and correctly defines battery and each of the three elements? Unfortunately, it does so in a way that leaves the reader confused. This student expects the reader to connect the intent rule in the third sentence with the analysis in the sixth sentence.

Puzzle pieces. For nested IRAC methodNow there are some problems with this approach. First, by putting everything into one giant paragraph, you might miss something important. Second, the person grading the exam might not understand that those two sentences go together. Think of your exam as a jigsaw puzzle. Put pieces together that connect to each other, not three rows apart from each other. Third, your answer will look much more professional with a better organization style, which can make the difference between getting a B or an A on the exam.

Nested IRAC Example

Now, let’s look at nested IRAC. On an exam, every time you have a different concept, even if it’s connected to one concept, you should IRAC that concept in its own paragraph.

Going back to our battery example, you should start with a short introductory paragraph that provides the issue, rule, and then a short conclusion for battery as a whole. You then need additional paragraphs for the sub-issues, or elements as they are called. For battery, that means three more paragraphs: one for intent, contact, and harmful or offensive.

The second paragraph then begins with the issue for that paragraph: The first issue is whether Derek had the intent to commit a battery against John. You then provide the rule, analysis, and conclusion for that issue.

Next, do the same thing for the remaining two elements, leaving you with four paragraphs for this battery essay.

Results

When you use this method, you will write stronger answers because you are less likely to miss an issue. For example, in one large paragraph, you might forget the analysis because it’s hidden in a jumbled mess. But with a nested IRAC, as soon as you notice that your paragraph has only two sentences you’ll know there is a problem. So begin practicing now, and consider using the prewriting essay method I discussed in an earlier episode.

If you’re still not convinced, here is a comprehensive discussion on the benefits and dangers of using the IRAC method.

 

 

Categories
Torts

Res Ipsa Loquitur

woman with purple hair told to leave meeting. Used for res ips loquitur

Today I want to discuss the Torts concept res ipsa loquitur. A Latin phrase, which translated means “the thing speaks for itself.” Though for something that should speak for itself, it sure causes a lot of confusion! (For some interesting information on the doctrine, consider reading this article on the effect of the res ipsa loquitur doctrine).

The Context

In negligence cases a defendant can only be found liable if the defendant breached a duty owed to the plaintiff. But sometimes, there is no direct evidence that the defendant did anything to violate the duty of care.

Man walking by building. res ipsa loquitur if window fallsFor example, suppose that someone owns a 10-story office building. One of the sealed windows towards the top, pops out, falls down, and severely injures a pedestrian. At the time the window fell, the office was vacant. In a lawsuit, the building’s owner might try to argue that he doesn’t know why the sealed window popped out. And since he doesn’t know, he must not be negligent. What do you think about that argument? It does have a certain appeal to it. But we should all agree that sealed windows in office buildings don’t magically pop out unless someone is negligent.

To combat this kind of silly argument, res ipsa loquitur was born when the only evidence is circumstantial. Circumstantial evidence allows a jury to make an inference based on what is known. In the window example, we know that there was a sealed window and that it popped out. The inference is that the building owner breached his duty of care.

The History

Latin marble writingThe phrase res ipsa loquitur comes from a mid 19th century British case called Byrne v. Boadle. For purposes of this article, all you need to know is that the world would have been better off if the court had not used Latin. And instead, stated that it was providing a rule for the use of circumstantial evidence in establishing breach of duty.

The Rule

The question of what evidence and instructions can be heard by the jury is up to the judge. In a res ipsa loquitur case, the judge will allow the jury to get a res ipsa loquitur instruction if the following three elements are met:

  1. The harm suffered is most likely caused by the negligence of someone. If it was an act of nature, like a hurricane, then the plaintiff loses on this element.
  2. It is more likely than not that defendant was negligent. (There has to be some connection to the defendant, and it has to be fairly apparent that the defendant breached his duty of care. Some of the cases that you read might state this element differently, saying that the defendant had exclusive control of the object which caused the harm. These cases tend to be older, and those cases never held for absolute control, which is why the more modern rule states that it is more likely than not the defendant’s negligence. After all, how else does a sealed window inexplicably pop out of a building unless the building owner was negligent, either while installing the window or failing to make reasonable inspections?)
  3. The Plaintiff was not at fault. (Obviously, a plaintiff that contributes to the negligent act cannot use res ipsa loquitur.)

Keep in mind that by proving all three elements, a plaintiff does not automatically win their case. What the plaintiff gets is a jury instruction that allows the jury to make an inference that defendant breached the duty of care. The jury can decide to make or not make the inference.

How to Use on an Exam

Treat each element of the res ipsa loquitur test separately. This means providing one full IRAC paragraph for each element, as explained in the video on Nested IRAC. If you try to place all of the elements in one giant paragraph, you’re going to have one big res ipsa loquitur mess. To be clear, a res ipsa loquitur discussion requires 4 paragraphs. The first paragraph will mention the phrase, that it is used to get an inference for the breach of duty, that the judge makes the decision as to whether the jury gets a res ipsa loquitur instruction, and that the jury is free to either accept or reject the inference. The next paragraph will deal with the first element. And finally, the third paragraph deals with the second element. And the final paragraph will deal with the third element. One paragraph for each element.

If you really want nail a res ipsa loquitur question on an exam, check out this tip on how to answer an essay question before seeing it. Also, if you are struggling with Torts, I highly recommend Understanding Torts, a study aid that I have required my students to read since 2001.

Now that you’ve read the article, I hope that res ipsa loquitur!

 

 

Categories
Essay Exam Exam Preparation Physical

10 Exam Day Tips

Don't panic sign for exam day tips post

Looking for exam day tips? It’s the end of the semester and most of you are preparing for final exams. DON’T PANIC! By following these 10 exam day tips you can improve your grades. The principle behind these exam day tips is simple: calm students outperform nervous and tired students every single time.

Let me tell you about John (name has been changed), one of my friends at the elite law school we attended. John is very intelligent but he had one problem: he got overly nervous before exams. On the first morning of the bar exam I noticed that he was frantically reviewing his materials. During the lunch break he rushed to his car so he could study more. And I am sure that he spent every free moment that evening and the next morning reviewing his notes. He flunked the bar that time and also the next two times he took it. I can assure you that John was prepared and would have passed the bar exam the first time if he had remained calm.

Here are your exam day tips:

Tip #1

Remain calm and trust yourself. Did you go to class? Have you prepared the right type of outline? Did you make flash cards? Have you done the hard work before the exam? Did you watch the videos on my YouTube channel?? If you did all of that, then trust that you will perform to the best of your ability.

Tip #2

Get a good night’s rest so that you can perform at your highest level. In fact, watch a TV show or do something else to relax, and get your mind off the exam. If you go into the exam tired and stressed, you will get a lower grade.

Tip #3

Last minute cramming will confuse you rather than help you. I get the strangest questions from students within the last 24 hours before an exam, questions that make no sense and aren’t usually tested on the exam anyway. Last minute cramming will actually result in lower grades, not higher ones.

Breakfast plate. Exam day tips.Tip #4

Eat a well-balanced breakfast as studies show that breakfast is the most important meal of the day. This doesn’t mean to have a huge, protein- and carb-loaded, sugary feast for breakfast, but you want to have something in your system so that your brain operates at its optimal level. Check out this article for more detailed info on why breakfast helps your brain
perform better.

Tip#5

Before you leave home make sure you have everything you need for the exam, such as your laptop, pen, paper, or books. In fact, if you can, pack all that stuff up the night before so you don’t have to worry about it in the morning.

Tip#6

Plan to arrive early. I recommend getting to school at least one hour early as you never know what might happen, whether that is bad traffic, a flat tire, or a speeding ticket.

Tip #7

Stay comfortable. One way to stay comfortable is to dress in layers, as the exam room may be too hot or too cold for you. Also, if you need to go to the bathroom during the exam, then go to the bathroom. Don’t worry about losing five minutes of exam time for a bathroom break; otherwise you will be distracted as you think about how desperately you need to go to the bathroom.

By the way, I have one story related to bathroom breaks. A law students was afraid of losing anytime on the exam because of bathroom breaks, so he purchased adult diapers to avoid having to get up during the exam. Please, DON’T do this! It’s actually good for you to get up for five minutes, go to the bathroom, and get your blood circulation moving again.

Tip #8

Yawn before and during the exam as it is a calming technique—and it works!

Tip #9

If you are extremely sick on exam day then get permission to take the exam on another day. I’ve had dozens of students get a low grade because they didn’t know they could request an accommodation. Sure, there are those that abuse the system, but when somebody is obviously sick then they are entitled to take the exam on another day. Just make sure to contact the Registrar, or other authorized person, who can give you permission to take the exam on a different day.

Tip #10

If you are excessively nervous and can’t calm down, consider seeing a mental health counselor, a pastor, or medical professional. Another friend of mine, who also went to an elite law school, failed the bar three times before she went to her doctor. With medicine to calm her down she passed the exam the next time she took it. There is no shame in seeking help from a professional when it is necessary.

Conclusion

These exam day tips can help, but don’t forget to use the IRAC method for your essays. Also, make sure you understand how professors grade so that you can prepare for the exam. Now, use these exam day tips and good luck on your exam!

 

Categories
Exam Preparation law school academic success Study Technique

Study Group How To

study group

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.

 

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