Exam PreparationFall 2015—LLM StudentsElizabeth Ewertee3@law.georgetown.edu202-662-4066

Reframing Your Studying

Or, How Do You Get to Carnegie Hall?

Exam Studying (vs. General Studying)

•Exam-taking skills:▫Spotting issues in the facts▫Matching factual issues with the legal

doctrine▫Organizing your answer▫Writing your answer

•Not exam-taking skills:▫Case reading▫Case briefing

Exam-focused studying

•Will this task help me write a better exam answer?

•Is this task efficient?•Is this task effective?

RESILIENCE FROM REPETITION

WATCHING A DEMONSTRATION

READING HEARING

WORDS

WATCHING A MOVIE/VIDEO

LOOKING AT AN EXHIBIT

SEEING IT DONE ON LOCATION

PARTICIPATING IN A DISCUSSION

GIVING A TALK

DOING A DRAMATIC PRESENTATION

SIMLUATING THE REAL EXPERIENCE

DOING THE REAL THING

LOOKING AT PICS PASSIVE

90% of what we say and do

20% of what we hear

30% of what we see

50% of what wesee and hear

70% of what we say

10% of what we read

AFTER 2 WEEKS WE TEND TO REMEMBER

ACTIVE

Adapted from: Edgar Dale, Audio-Visual Methods in Teaching, Holt , Rinehart, and Winston.

Less Emphasis on Reading

•Reading should take less than 60% of available study time.

•Organizing/synthesizing material; reviewing; discussing outlines and practice questions; attending class with energy; summarizing after class; and practicing exam writing strategies should take the remaining time.

Testing = LearningStudy of the “testing effect”: Broke students into three different groups.

▫Group 1: studied a list of words eight consecutive times without taking any tests;

▫Group 2: studied the list six times and was tested twice.

▫Group 3: studied the list four times and took four tests.

•Two days later, those who took four tests recalled words at up to twice the rate of those who only studied.

(Henry L. Roediger III, Professor of Psychology, Washington University)

So, what should I be doing?•Short answer questions.•Writing out answers to hypotheticals.•Perfecting study aid/outline with focus on

flow charts/questions/elements, etc. •Explaining concepts in study groups.•Online assessments/games—issue spotter

game, CALI lessons, bar prep materials•PAST EXAM QUESTIONS

Excuses for not doing practice questions•I don’t know enough yet.•I get discouraged when I get questions wrong and don’t want to do anymore.

•I can’t find any practice questions.•I don’t now how the prof will test us, because he/she hasn’t taught this course before.

•I’ll do questions with my study group later.

To know and not to do is not to know—Chinese proverb

WHAT ARE THE EXAMS GOING TO ASK ME TO DO?

WHICH PREPARES YOU BETTER?

PRACTICE THAT.

Common Exam-Writing Mistakesand How to Fix Them

Common Exam Mistakes

•Disorganization•Missed Issues•Unclear Rule Statement•Poor Application of Law to Facts•Omitted Analysis/Reasoning•Misstated Facts

of Organization Lack•Problem: Your answer looks like it came

out of a blender.•Strategy:

▫Pick an organizational scheme BEFORE exams—IRAC/DRAC or similar.

▫Practice your scheme.▫Keep issues separate. ▫Use headings, underlines, generous

paragraphing by subject.

Outline Before You Write

•Outline on your answer screen. •Difficult to decide what the answer is while you are writing the answer.

•Outlining prevents padding; the long wind-up; fact regurgitation; rambling; undesired tangents; cross-outs/deletions

Diagnosing disorganization

•Can you find the “issue”, “rule”, “application of law to facts” and “conclusion”?

•Multiple highlighter test•Issue highlighting

Missues•Problem: You didn’t spot an issue. •Strategy: Identify the dispute(s) between

parties—argue both sides.•Frame the dispute to capture issues.

▫PARTIES to a dispute▫GOALS of the parties▫WHAT ONE PARTY WILL ARGUE to win the issue▫COUNTER-ARGUMENTS (and there are always

counter-arguments!)

Missues (con’t)•Have you dealt with all the facts? (cross out as

you go) Pay special attention to facts that first strike you as irrelevant.

•Professor includes specific facts on purpose.•Treat it like a mystery novel—why did the

professor mention that the taillight on the car was out?

•Check your topics outline—any other potential legal theories you missed? (cross out as you use).

•Match topics outline with facts.

Try it! Which facts below indicate issues? Kevin Huang and three associates are in the process of forming a new corporation in an MCBA jurisdiction, of which they will initially be its only shareholders. Kevin will be acquiring 33% of the common stock, which will be the only class of shares outstanding upon formation of the company. He is worried about dilution as the company grows. What would you recommend be included in the articles of incorporation, or elsewhere, to give him reasonable assurance about this?

Try it! Which facts below indicate issues? Kevin Huang and three associates are in the process of forming a new corporation in an MCBA jurisdiction, of which they will initially be its only shareholders. Kevin will be acquiring 33% of the common stock, which will be the only class of shares outstanding upon formation of the company. He is worried about dilution as the company grows. What would you recommend be included in the articles of incorporation, or elsewhere, to give him reasonable assurance about this?

List MatchingTopics Facts

•Elephant•Cat•Dog•Cow •Sheep

• Barks and likes to be petted

• Woolly coat and says “baa”

• Moos and people drink its milk

• Long trunk and very large

• Meows and likes to be petted

From Open Book, Friedman, B. and Goldberg, J.

List Matching

Topics Facts

Shareholder Agreements• Voting• Management• Transfer of SharesPreemptive Rights• Waiver• Limitations• Sales to Outsiders

•Majority shareholder

•Start-up investor•MCBA Jurisdiction•Articles of

incorporation•Concern about

dilution

Sample Corporations “Topics Outline”Characteristics and Formation• Limited Liability for Owner, et al.• Centralized Mgmt• Free Transferability• Continuity of Life• Taxation

▫ C Corporation▫ S Corporation

Shareholder Agreements• Voting• Management• Transfer of SharesPreemptive Rights• Waiver• Limitations• Sales to OutsidersShareholder Suits• Direct• Derivative

Distributions• Rights of Distributions• Liability for Unlawful DistributionsShareholders’ Liabilities• Pursuant to Shareholder Agmt• Close Corporations• Limitations on Controlling

ShareholdersDirectorsOfficersIndemnification of Directors, Officers and EmployeesFundamental Changes in Corporate Structure• Amendments to Articles of

Incorporation• Merger, Share Exchange and

Conversion

Sample Torts “Topics Outline”• Intentional Torts (Person)

▫ Battery▫ Assault▫ False Imprisonment▫ IIED

• Intentional Torts (Property)▫ Trespass—to land or “chattels”▫ Conversion

• Defenses:▫ Self-Defense▫ Defense of Others▫ Defense of Property▫ Necessity

• Strict Liability• Joint Tortfeasors

▫ Joint and Several Liability▫ Contribution/Indemnity

• Products Liability• Negligence

▫ Unreasonable risk▫ Reasonable person▫ Malpractice▫ Negligence Per Se▫ Res Ipsa Loquitur

• Causation▫ Proximate Cause▫ Foreseeability▫ Intervening Cause

• Duty• Defenses

▫ Contributory Neg▫ Comparative Neg▫ Assumption of Risk

• Damages

Set of Facts(Prof. Rothstein, Fall 2011)•Opera singer Michael Johnson given

unlabeled Prophfthyol, an oral anesthetic used where the patient’s heart and breathing can be monitored, by Dr. Conrad Murphy. When Michael is asleep, Dr. Murphy leaves the room. Michael sneaks to the table outside his room and takes another small dose. Michael dies during the night, and his estate sues in tort for the death. Can the family prove negligence against Dr. Murphy?

Topics FactsNegligence

▫ Reasonable person▫ Malpractice▫ Res Ipsa Loquitur

Causation▫ Proximate Cause▫ Foreseeability▫ Intervening Cause

Duty

Defenses▫ Contributory Neg▫ Comparative Neg▫ Assumption of Risk

• Personal doctor, anesthetic used for serious ops where patient can be monitored, leaves patient alone, leaves access to meds, unlikely in absence of neg.

• Heart and breathing stopped, which is what should be monitored, first dose enough to kill?, second dose taken

• Personal doctor, surgeon?, expert on these meds?

• Second dose, could be cause of death, Michael snuck out and didn’t consult doctor

Torts “Topics Outline” (with covered topics crossed out)• Intentional Torts (Person)

▫ Battery▫ Assault▫ False Imprisonment▫ IIED

• Intentional Torts (Property)▫ Trespass—to land or “chattels”▫ Conversion

• Defenses:▫ Self-Defense▫ Defense of Others▫ Defense of Property▫ Necessity

• Strict Liability• Joint Tortfeasors

▫ Joint and Several Liability▫ Contribution/Indemnity

• Products Liability• Negligence

▫ Unreasonable risk▫ Reasonable person▫ Malpractice▫ Negligence Per Se▫ Res Ipsa Loquitur

• Causation▫ Proximate Cause▫ Foreseeability▫ Intervening Cause

• Duty• Defenses

▫ Contributory Neg▫ Comparative Neg▫ Assumption of Risk

• Damages

IRAC and Matching

•Topics List form basis of Issues•Pull Rules from outline (or memory)•Facts are basis of Application•Conclusion

A Murky Rule

• Problem: You have not clearly stated the rule or rule synthesis in your answer.

• Strategy:▫Start analysis with the text of the rule, then

cases (as applicable), then policy (as appropriate).

▫Make your outline clear, short and accessible. ▫“The” rule is really a synthesis of many cases

(not just one case citation!); do that synthesis in your outline in advance.

▫Practice articulating the rule yourself, not just reading and understanding the rule as someone else has written it.

Law and Facts: Like a Horse and Carriage •Problem: Poor Application of Law to Facts

▫Disembodied, abstract discussion of legal doctrine.

▫OR, conversely, repeating facts without explaining how the law applies.

•Strategy:▫Talk about how these facts affect the answer

more than you think you need to.▫If you’re only dumping your outline into the

answer, and then moving on, you’re not doing application, which leads to . . .

IRC-some Answers•Problem: You got an answer, but didn’t show

any of your reasoning.•Strategy:

▫Don’t turn IRAC into IRC. The A is where you get your points

▫Point out each step of your analysis even if it seems obvious to you—don’t jump to conclusions.

▫Because, because, because—spell it out.▫IRC often happens when you know the material

best!

Truthiness

•Problem: Your version of the facts doesn’t end up matching the original question.

•Strategy:▫Don’t make an error in stating the facts.▫Don’t invent facts.▫Don’t ignore inconvenient facts—those are

the ones the prof most wants you to analyze.

Tips from the Registrar’s office• 1. Anonymity: Don’t use name (even on memo-style

exam); remove personal information from electronic exam file; don’t ask professor for deferral.

• 2. Don’t turn in late—read the exam guidelines in the Handbook.

• 3. Attach the right file/version.• 4. Use word count—can’t change once submitted.• 5. Save your exam repeatedly and in multiple places

(but see #3).• 6. Don’t make travel plans early in exam period.• 7. Don’t talk about exam to other students until

grades are posted.

Take-Aways

•Problem-based learning from here in•Do interactive question answering as a

regular part of your studying.•When you practice answering questions,

also practice your issue-spotting and organizational skills.

•Edit your outline based on practice question experiences.

•Double-check practice answers for common mistakes and how to correct.