Succeeding in Law School: Selected Sources
Prepared by Victoria Williamson and Brian Keefe
Return to: Guides and Bibliographies page
The purpose of this guide is to provide convenient access to selected Internet and print sources that will help
first-year students have a successful and less stressful law school experience.
INTERNET SOURCES
- A Beginner's Guide to Legal Education
- Professor james R. Elkins of West Virginia University College of Law provides a list of his introspective
writings on legal education and the law school experience. His articles "The Transformation of Self" and
"Socrates and the Socratic Method" are definitely worth reading for their entlightened approach to the
subject. This site also provides links to varied web resources, including a bibliography on legal
education, articles on preparing for law school, taking exams, briefing cases, study skills, etc. This
is a good place to start for insightful and thought-provoking articles on legal education.
- LawNerds.com
- Law school exams test two skills: issue spotting and analysis. Know your audience. What
does your professor want to see in a good exam? An exam is a review of the entire course.
Consequently, you only have time for big picture analysis. Hit all the issues covered, but do
not go into the details. In the first ten minutes of the exam do the following: 1) Take three
deep breaths. 2) Get the big picture. 3) Allocate your time. 4) Read the first question twice.
5) Outline an answer. A 9-Step Exam Writing Formula is given: 1) State the issue. 2) Identify
the rule. 3) Summarize the elements of the rule. 4) State the point on which the issue turns.
5) Apply one of the 4 types of analysis to the problem. 6) Contrast conflicting authority.
7) What are the defenses. 8) Make a conclusion. 9) Go to the next issue. The four types of
analysis are: 1) Reasoning by Analogy, 2) Balancing Test, 3) Judicial Test, 4) Policy. Outline
ten minutes before you write any answer. Focus on analysis. Use every fact in your analysis.
This website provides a detailed analysis of the exam writing process.
- Preparation for
Law School Exams
- These pages from the University of Chicago Law School provide a comprehensive look at
preparing for exams. In the final weeks before final exams, students should move from trying
to learn every case to identifying the major concepts around which the course turns. A
law school final should focus on those topics to which the professor paid most attention.
Law school finals most often will cover each of the major concepts identified during the
course. If students write an exam and realize they have not addressed an important issue
in the course, then something may be wrong. Law school finals consist of three types of
questions. The first type is an "issue spotting" question. The second type is a thematic
question with facts implicating one or two important issues from the course. The last type
is a "brainstorming" question that asks the students to react to a fact pattern or idea they may
not have encountered directly in lectures or in readings. Here the students must reason by
analogy. Outlining the answer to a law school question is a must. Only after outlining should
the student start writing. When they are first given the exam, students need to read the
instructions carefully. They must also decide how they are going to allot the time given them
to do the exam. In answering exam questions, students should use simple, declarative
sentences. Most importantly, the author tells students never to go into an exam "cold."
Students should have some idea as to what will be tested and how they will be tested.
- Exam Preparation/Taking
- At the University of Dayton School of Law's online site for legal education, Professor Vernellia
Randall has created a page with a number of links to topics about law school exams. Among
them are: Approach to Preparation, Memorizing the Law, Exam Taking Generaly, Outlining and
and Flowcharting, Study Groups and Practicing Hypos and Exams. In the approach to Preparation
link, she details the way to prepare. Not surprisingly, she tells students to outline. She
gives great weight to taking practice exams during the entire semester. In Exam Taking, Generally,
Professor Randall lists ten tips for taking exams. Perhaps, the hardest to follow, but one
of the more important is, "Reserve 10% of your test time for review."
ARTICLES
- How Not to Write Answers to Law School Examinations, 29 Stetson
L. Rev. 1181 (2000).
- Jack Hiller tells what students should not do on their exams and thus tells students what they
need to do. He calls the exam a communication process between the professor and the student
with the burden on the student. Hiller emphasizes the need to organize the answer. He
also emphasizes using past exams to prepare. When doing exams, Hiller focuses on the
need to spend time reading and thinking before writing. He says students must write like
lawyers. Use uncomplicated sentences, he says. Avoid bad grammar. Put analysis into answers,
not simply conclusions. Take a position when asked by the question. Don't add irrelevant
comments. Avoid slang. Make proper word choices. Use metaphors appropriately. Hiller's recitation
of the kinds of error he has seen is almost a plea for students to write exams like literate people.
- It's Almost Exam Time: Words of Wisdom for Success During Finals,
Student Lawyer, November 1999, at 26.
- Author Margaret Tebo says to get copies of past exams early and take them. By doing so, the
student learns what the professors consider to be important in their courses. She says students
must create their own outlines to prepare, not use a commercial one. Exams test
reasoning not specific cases. In writing answers, the students should first outline the answer
and then use the IRAC method—issue, rules, analysis and conclusion—to structure it. The
article is not in electronic format. It will be found only in a bound periodical in the library.
- A River Runs Through It: Tapping into the Informational Stream to Move Students from
Isolation to Autonomy, 36 Arizona L. Rev. 667 (2004).
- Because this article critiques the entire law school process, much of it is not relevant to this
topic. But the author does talk about the usefulness of visual aids like graphics to enhance
learning. She suggests making a flow chart of the material in a course to learn it. In one footnote,
the author sets forth her 12 steps to exam taking:
- Open the blueebook and write down a memorized mini-checklist on the inside cover.
- Calculate the allotted time per each question based on point value.
- Read the question, circling the facts; pay extra attention to the directions
given in the last sentence of the question.
- List all potential issues.
- List all parties and arrange them.
- Check this tentative outline against your mini-checklists to see if you have missed an
obvious issue or defense.
- Reread the question a second time for facts.
- Begin writing. Force yourself to IRAAC and sub-IRAAC, i.e., issue, rule, apply, apply (other
side) and conclude.
- Wrestle with specific facts.
- Look at result(s) carefully; is it just? Does it effectuate the purpose of the rule?
- Is some policy discussion appropriate?
- Don't assume facts or directions that are not specifically set forth.
- Test-Taking 101: Get Where You Want to Go, Texas Lawyer, September 9, 2002, at 6.
- In the article, the author says that the most important skill to practice for law school exams
is successful exam writing. If you want to give first years exams your best, you must practice
exam writing again and again. Listen to the hypothetical questions discussed in class and
jot down the differences in facts and results. Immediately after class, try and understand
when the rules fit and when a change in fact pattern makes the rule fit less well. Summarize
your notes and use them to prepare your outlines. Ask yourself every time your prepare
to study, "How can what I'm doing right now help me on exams?" Law school teaches you
to counsel clients, and law school exams are structured to test this skill.
BOOKS
- Introduction to the Study and Practice of Law, Hegland, F. Reserve
KF273.H4 2003.
- This is a part of the Nutshell series. Chapters 11, 12, and 13 of the book concern exam
taking. The author says that professors will test what they cover in their courses. He
emphasizes the need to outline the answer before writing it. Exam answers should identify
the issue, the rules and the analysis. But, they should also tell what relationship is between
issues. The conclusion drawn is less important than the correctness and logic of what
precedes it. Two sample answers are given and analyzed.
- How to Succeed in Law School, Munneke, Gary A. KF283.M86 2001.
- Munneke discusses exam taking in chapter 5 of this book. Doing well on law school exams
requires the student to master substantive law, to analyze, to write well and to manage time
and stress. He says students cannot cram for these exams. They must prepare continuously
throughout the semester. He recommends that students plan a study schedule for their
exam preparation. He says to attend any review session a professor offers. Doing practice
exams is very important. When doing them, take the entire exam. During the exam period,
it is important to eat well and to get enough sleep. When taking the exam, read the instructions
carefully and write an answer that is complete and organized. Munneke says to use
the IRAC method—identify the issue, state rule, do an analysis and reach a conclusion—to
organize the exam answer.
- 1000 Days to the Bar—But the Practice of Law Begins Now, Tonsing, Dennis J. KF272.T66 2003.
- Tonsing says that professors are looking to see that the student demonstrates a
mastery of the subject and a fluency in the law and the subject. He writes that students
must know what the question asks and specifically answer that. He has developed his
own mnemonic device to organize the answer to a law school exam question. He calls it
"TICRA-FLIPC." This stands for: Topic, Issue or Conclusion
followed by the Rule that leads to the Analysis that is composed of Facts
and Law Interwoven with Policy , leading to a logical Conclusion.
Tonsing suggests that before a student answers a question, he or she
should read the entire question, chart the parties, make marginal notes about what the
question asks, do a brief outline and then write the answer and review it.
- Getting to Maybe: How to Excel on Law School Exams, Fischl, Richard M. and Paul, Jeremy.
KF283.F57 1999.
- This entire book is devoted to taking law school exams, and that depth makes the book
time consuming to read, but also very detailed in what it imparts. Firstly, the author says,
as the title suggests, embrace the ambiguity of the law. You will be expected to teach
yourself the rules of law and then to know how to apply these to situations. The fact
situations on which you are tested will be ones where it is not clear how these rules will
apply. Preparing for exams must start from the beginning of the semester. The authors
recommend focusing study on class notes because professors test what they teach. In
particular, students should study hypothetical questions posed in class. They also
recommend studying the hypothetical questions in textbooks and elsewhere. Outlining is
essential. So also is taking past exams! They suggest that students review their answers with
friends. The student should think of the questions they would ask if they were teaching the
course. The authors do not put much stake in the IRAC method for writing answers. They
say that this method works only for issue-spotting exam questions. On other types of exam
questions, it will not be helpful. When taking exams, it is absolutely necessary to follow
the instructions. Before writing the answer, read each question twice. Organize answers.
Explain the reasoning used in the answer. Draw conclusions where asked. The authors
give lists of what to do and not to do on exams and explain each point in detail.
- Bridging the Gap Between College and Law School: Strategies for Success, Stropus, Ruta
K. and Taylor, Charlotte D. KF283.S77 2001.
- Chapter 7 discusses the law school exam process generally. Law school exams test the
student's understanding of rules and his or her ability to apply them to facts. In answering
exam questions, students must problem solve. They must think like lawyers. Problem
solving is a skill to be practiced. Learn the rules of law and practice applying them to new
situations. Exams do mirror class discussion in that both require you to distill an issue
and understand the applicable rule. Next, Chapter 8 concerns exam preparation. While
the IRAC method will not get you an A, using it should prove useful in organizing your
answer. The author says that during an essay examination students must prioritize questions,
"brain dump" the course materials before writing, issue spot, organize their answers
and write them using the IRAC method.
- Law School Confidential: A Complete Guide to the Law School Experience: By Students,
for Students, Miller, Robert H. KF283.M55 2004.
- In chapter 12, the author recommends making a map of the course material and creating
a bullet outline. You need to know not only all the rules, you need to know where they don't
apply. Practice by testing yourself as to where the rules apply and where they don't. He, too
suggests taking at least one practice exam under actual test conditions. He counsels to
always attend review sessions given by your professor. On the exam itself, outline your
answers to questions. Use headings where possible. If you are asked to take a position,
do so. Answer only the questions the professor asks you to answer. Focus on what you
are doing and not what anyone else is. If a question seems too easy, it is. Review the exam
question to see what issues you may have missed. After the exams are over, do a semester
performance evaluation. putting down what you did in each course. The author's evaluation
chart is found on 199-201. Its purpose is to help learn what works and what doesn't
for you when preparing for exams.
AUDIOTAPE
- Essay Writing Super Seminar, accompanied by workbook, Shafiroff, Ira L. Reserve KF283 .S52 1998.
- Professor Shafiroff breaks down the art of writing legal essay answers into its component
parts. In doing so, he makes law school essay writing as much of a science as it can be.
He identifies 3 basic parts to the preparation process: briefing, outlining, and taking past
exam questions. He says that as a student he would spend 50% of his time each
semester outlining. He says that doing past exam questions is an essential tool in preparing
for the actual exam. Having finished his outline by the beginning of the study period,
Shafiroff says he used to answer as many as 12 past essay questions for each law
school class he took. By taking so many past exam questions, he learned to see issues.
He might miss a proximate cause issue the first or second time he took practice exams,
but the third time, he would find it. He states there are only five possible types of questions
you can find on an exam. He describes these as simple issue, complex issue, rule/counter
rule, combination and no possible rule. It is important for the student to recognize what
kind of question that is being asked. He also refers to IRAC as a method for organizing
answers. His variation on this is IRAAC. He makes frequent reference to the workbook
that accompanies these tapes. These are four audiotapes, not CD's. Together they
total 360 minutes of lecture. To retain all of what is discussed, it will probably be necessary
to use the workbook with the tapes and to listen to the tapes more than once.
VIDEOTAPE
- Taking Law School Examinations, Syverud, Kent D., Reserve KF283.T33 2001.
- This is a 58-miute videotape. Professor Syverud teaches at Vanderbilt. His presentation
style is no frills, direct and dry. I favor using this videotape as a way to learn about taking
law school exams because it is a short lecture in visual format. Professor Syverud begins
by saying that law school professors are different and that examinations are different. No
single way exists to study for all law schol exams. Students must prepare for what exam
requires. To do this, they should look at old exams. If none are available, they should talk
to students who have taken the exam before and talk to the professor. It is necessary early
in the semester to have an idea of what questions will be asked on the exam. When
making use of the exams, students should carefully read the instructions to learn the
procedure for taking the exam, look at the actual exam questions, discuss these with
their fellow students and then take some of the questions under exam conditions. The
place to learn from one's mistakes is before taking the actual exam. Professor Syverud
lists six types of exams that are given in law school: 1) Undergraduate, 2) Public Policy,
3) Kitchen Sink, 4) Role-Play, 5) Multiple Choice, 6) Weird. He lectures about the classic
mistakes made when answering law school exams: 1) Not knowing the material,
2) Missing major issues, 3) Regurgitating facts and laws, 4) Failing to make the analysis
explicit, 5) Failing to acknowledge counterarguments, 6) Not employing common sense
at the last stage. Finally, he gives a suggested approach for taking in-class exams:
1) Focus on the questions asked; 2) Identify the major issues that must be addressed;
3) Allocate time among the issues; 4) For each issue, state applicable law and identify
what is most problematic about applying that law to these facts and why; 5) Analyze how
you would resolve the most problematic part. Identify counterarguments. The video
provides a good, brief summary of what causes law students problems when taking
exams, but for learning tactics to score better on the exams, Essay Writing Super
Seminar is better. One advantage of this videotape is its brevity.
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Posted 17 May 2006
