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1. THE SUBSTANCE OF THE COURSE
Each person's method for learning differs. In preparing for exams, you should stay with the method that has worked best for you during the school term. Regardless of the study method you use, briefing each case that has been assigned in your classes, and preparing an outline of each course, are particularly useful, especially during your first year. Once you have briefed the cases and outlined the materials, your primary study tools are complete. Your job at this point is to become thoroughly familiar with their contents.
Do not be lulled into a false sense of security by your ability to read through the case briefs and outlines and to recite them verbatim. Mastery of the material means that you can explain each concept in plain language. Imagine that you are trying to explain the concept to a friend who is not in law school. Can you explain it in a way that your friend will understand? Can you give your friend an example of a situation in which it will apply? Can you tell your friend the purpose of the rule? Only by engaging in this type of exercise will you know whether you truly understand the material. The same advice applies if you are relying on commercially prepared case briefs and outlines. You may experience a false sense of security because you can read through them without seeing any words that you do not understand.
Thinking about the course as a whole also is important to your exam preparation. During the rush of the school term, you may fall into a pattern of learning the law in discrete pieces as you study them in each class. In fact, with the onslaught of new vocabulary and concepts, you often will feel that you have accomplished a lot just to master each day's assignments. But the law is a seamless web. To understand and apply it, you must understand how all the strands weave together. Law professors often refer to this as understanding the "big picture." To see the big picture, think about these questions:
- What are the policy considerations in this area of law?
- Which rules take precedence over others?
- What roles do the different branches and levels of government play in shaping and in applying the law in this area?
- What are the most effective tools for redressing injuries to the rights recognized in this area of law?
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Hornbooks and law review articles can be particularly helpful to you in this endeavor, because they systematically examine an area of law and pull together its many strands. Based on the authors' expertise in the area, they will discuss the current state of the law, the directions in which it is moving, and the ways in which it can be improved. Take advantage of that expertise, as well as of the insights of your professors and fellow students.
2. THE FORM OF THE EXAM
In addition to learning the substance of a course, you should prepare for the form of the exam. An important first step is to talk with your professor. Ask what materials, if any, you can use during the exam. The answer to this question will affect how you prepare for the exam. For example, if the exam will be completely closed book, you may want to allocate time for memorizing some of the course materials. If you can bring a copy of the relevant statutes into the exam and can annotate them before the exam, you should allocate time for that purpose. Therefore, ask as early in the term as possible what materials, if any, you will be allowed to use as a reference source during the exam.
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You also should ask your professor to describe her grading philosophy.
- Will your grade be based in part on how well your answer is organized and written?
- Should you cite case names and statute numbers or are descriptions of the relevant legal rules sufficient?
- Should you discuss each element of an applicable rule if only one element is questionable in its application, or should you merely state that all but one element is satisfied and discuss only that element?
- Should you discuss the law only as it currently exists or also as you think it should be changed based on the underlying policies?
In addition to talking with your professors, you should find out whether copies of past exams are available. Many law schools keep files of exams, usually in the law library. You should look for exams given by your professors for the courses in which you will be tested. In this way, you can learn the type of test your professor has given in the past, such as essay, short answer, or multiple choice, and the types of questions your professor may be likely to ask.
- Does your professor routinely test particular topics?
- Does your professor often test the ability to construe statutes, to apply policy to decide issues not yet clearly governed by the law, or to apply the established common law to a fact situation?
- Does your professor normally ask the examinee to act as an advocate or as a neutral evaluator of the facts and law?
Past exams also are an excellent tool for reviewing the course materials and for practicing your test taking skills. By preparing answers to a previous year's exam, you will discover how well you understand the subject matter, particularly if you work on the exam with other students. Working with other students also helps you spot all the issues raised by a question and demonstrates different methods for approaching an exam question. You should write out answers to past year's questions within the time allocated for them to get a sense of the speed with which you will have to work during the exam and to practice budgeting your time. If your professor's past exams are unavailable or if you want additional practice and insights into the types of questions that might be asked, you can look at exams given by other professors who have taught the course at your law school and find out whether exams from other law schools are available.
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