Let me start by indicating that exam-writing and grading are considered by most faculty I have ever met, the most difficult part of our otherwise fun jobs. Additionally, each person is different, just as we have different personal teaching styles, we have different exam-drafting and grading practices. This document does not establish an agreement of a contractual nature, nor should it be read as a limitation on the discretion in the creation or evaluation of examinations by any member of the College of Law Faculty. These materials and my workshop are not intended to be a guide to writing "A" papers. I can make no such promise. This is my personal "take", based on my experience, on the law school exam-taking process, and on how to write an exam answer that fully reflects your knowledge of the material.
There are three major guidelines for law-exam taking: (1) don't panic, stay relaxed; (2) study properly; and (3) read the exam and outline your answer carefully before you do anything else.
Relax while you study and during the exam. This is particularly important during your first year of law study. It is unfortunate that so many elements of the first-year experience seem geared towards scaring the hell out of the students. Law school is not easy, but it is not impossible either. "You know more than you think you know," said Professor Charles Abernathy to my first year class in 1984, by way of exam-taking advice. Most of us realized that he was right only after the exams. Have confidence in yourself and your learning habits. Every student admitted to this law school has the capacity to excel in his or her studies.
Study properly for the examination. This means doing your work during the semester; reviewing your class materials, notes and/or outlines; going through past exams given by your professor; and generally honing your analytical skills.
Study Intelligently. Keep in mind that a law student is trained to find, understand and apply the law. Memorization can be useful, even essential in some cases, but it can never replace a true understanding of the law and the ability to apply it in a factual context. Memorizing everything you have read during the semester will be worthless if you cannot identify what is relevant to answering a question. Every area of the law has a few, often very few, basic principles. You must identify and understand the basic concepts that distinguish the particular field of the law that you are studying from any other. For example, Tort law is based, generally, on the concept that persons deserve compensation for damages caused by the acts of others, with tortious conduct covering various categories of negligent, reckless, intentional or acts of strict liability; Constitutional law is based on the principle of a Supreme Law, a law of laws if you will, that controls relations between the government and its citizens. These concepts are the unifying force defining a particular legal field or law school course. The details then become a series of logical, individual building blocks, within the basic framework of the course.
Study Aids. Study aids, e.g., commercial outlines and hornbooks, are not evil works that lead law students to eternal damnation. They are tools available to the student. However, just like any other tool, they should be used thoughtfully. The time constraints of preparing for finals, particularly during the second semester of your first year, make studying from Hornbooks or from your textbook impractical. You should concentrate on reviewing your notes and an outline. A self-prepared outline is usually best, but many of the commercial outlines are very good. Hornbooks and the textbook should be used exclusively to get a deeper understanding of some major issues. I find that one of the most useful tools to study these major concepts in a short time are the Nutshell series books. They are generally succinct, accurate and easy to read summaries of the law. I recommend that you read them first in one sitting, without taking notes, to get a complete overview of a course, before going on to more detailed review of your course materials, notes and outlines.
Open-book exams. A word of warning about open-book exams. The examination room is not the place for original research. You ought to study the same way for open and closed book exams. The availability of materials should merely obviate the need to memorize the specific wording of particular rules, but the general concepts must be clear before you sit down to take the exam.
Review Old Exams. Please review old exams. Answering practice exams is one of the best ways to finish your preparation for finals. At the very least, you will improve your skills and learn the professor's examination style, while you review the course. At most, you may get lucky and preview the question that will be in the exam -law professors are, generally, not very original exam writers. If you have doubts as to answers, discuss the question with fellow students or, if possible, with your professor.
Read the exam and outline your answer carefully before doing anything else. Look over the exam, then formulate a schedule for answering it in its entirety. Your schedule should include time to read the entire exam and time to answer each question individually. Pay particular attention to the weight given to each question when allocating how much time you should spend drafting your answer. Spending 50% of your time on a question that is worth 5% of the grade is not very smart.
For multiple-choice or true-or-false questions, allocate a block of time to cover all of them, allocating an equal amount of time to each individual question. Answer these questions as you finish reading them, although I recommend reading them twice, provided that you have enough time.
Read all essay questions before answering any of them. Initial instincts are usually good because they indicate that a particular term or concept has properly jogged your memory. Underlining and note-taking while going through the first reading will ensure that you do not forget any of your initial reactions to the questions. Essay questions should be read at least twice. Identify and highlight the relevant facts and parties involved in the hypothetical, identify the legal issues pertinent to the facts and outline your response before you start to write your answer.
Never assume any facts when answering an exam question. "Missing facts" may suggest that:
Answer the Question. I never cease to be amazed by how many students simply refuse to answer the question I pose. Relevance, i.e., "relation to the matter at hand," is the most important factor in identifying the facts and law that must be discussed in your answer. These will be determined by the question. Here is an oversimplified example: "The red dog in Mr. Jones's yard barked all night, waking up the entire neighborhood, including Mr. Jackson. What rights does Mr. Jones have?" Wrong answer: "The dog was a nuisance and Mr. Jackson had action against Jones." Right answer: "Mr. Jones is entitled to the enjoyment of his private property, subject to the neighbors' rights not to be subjected to nuisance. The barking might be considered a nuisance . . .".
"Forking" vs. Regurgitation. Forking is a term generally used to describe the discussion of alternate solutions to the same legal problem. This is a healthy practice in exam answers, always consider the possible alternatives. The correct answer, however, carefully relates the alternate solutions to the question posed and the facts given . Mere transcription of all that you have learned, even when it does not apply to the facts at hand, is counterproductive and will result in a lower grade. Shorter is often better. Forking is good, regurgitation is bad.
A good exam answer is short and to the point. It discusses, in simple English, but using the proper legal terms, the facts relevant to the question posed and the solution(s) suggested by applicable law. Professors do not expect, and certainly do not want, a transcription of their course. They expect the student to show a command of the important concepts of the course and the ability properly to apply them to a factual situation.