Academic Success

Mandatory Academic Advising Schedule Approval Form

1. ISSUE
   1. Compare your answer to the sample answer provided for the exam.
   2. You may have not included a clear issue statement.
      1. Organization and structure are very important parts of success in an essay response.
      2. Ensure you have clear statements that address the relevant legal issues in your problem.
      3. You should have a separate issue statement for every issue you spot on the exam.
   3. Adopting a formula can help form a habit:
      1. FORMULA: "The issue is whether [legal issue] when [material facts]."
      2. EXAMPLE: "The issue is whether John [kidnapped] Judy when [John ordered Judy to go into the vault while pointing a gun at her]."
   4. You may have missed a triggering fact that gave rise to an issue.
      1. Review the exam fact pattern and match all issues from the sample answer/rubic to triggering facts.
      2. For triggering facts that are unclear, return to the course outline to review the relevant law and case examples.
   5. You may not have memorized the law adequately.
      1. Continue with your memorization practice in a way that is best tailored to your preferred learning style.
      2. Examples include flashcards, prepare rule sheets, write rules on white boards, record yourself "teaching" a rule and play it back, etc.
   6. Your outline may not be complete enough. 
      1. Return to your outline.
      2. If "gaps" are found, go back over course slides and relevant material to strengthen your outline.
2. RULE
   1. For each issue you identified, identify the corresponding rule statement.
   2. You may not have included a clear rule statement.
      1. Tab down from your issue statement and start a section specifically for your rule.
      2. Clearly connect relevant rules to each issue.
   3. You may not know the appropriate rule to use. You likely either discussed all the rules that came to mind ("rule dumping") or provided little to no rule.
      1. Return to your outline.
      2. Review your discussion of that issue and the applicable rules.
      3. Memorize the rule statement.
      4. Practice working with that rule using hypotheticals.
   4. You may have thought the rule was obvious and didn't write it into your answer.
      1. Remember, there are no obvious rules on a law school exam.
      2. Every relevant legal rule, term of art, and concept should be defined at least once in your exam.
      3. Don't sketch over a rule, leaving your professor guessing as to whether you know the law.
         1. The Professor knows the law.
         2. You may know the law.
         3. If you don't write it down on the exam, the professor does not know you know the law.
   5. You may have attempted to weave the rule into your analysis.
      1. Review your application section.
      2. Identify the sentences where you wove facts and law together.
      3. If the law is not explicit, remember that you must make it so on an exam, even if it is being woven into the analysis.
   6. You may have provided a correct rule, but your rule is not complete or it's disorganizaed.
      1. Rule statements!
      2. You don't know the facts that will be tested on the exam, but you know the law that is available for testing.
      3. Pre-write your "R" statements throughout the semester, before you sit for your exam.
      4. When writing your rules, make sure you're following a logical organization method.
         1. Start general.
         2. Identify the rule, "battery."
         3. Break it down and get more specific.
         4. Discuss the elements of battery.
         5. Add any relevant information, such as distinctions or exceptions.
         6. If you're dealing with a hypersensitivity plaintiff issue, include specifics about that rule.
         7. These "R" statements should be the material you spend your time memorizing and understanding, and you will test your rule statements against practice questions throughout the semester so you can 1) determine if your rule is sufficient and 2) see how your rule applies to different fact patterns.
3. APPLICATION
   1. For each issue and rule you identified, identify the corresponding application section.
   2. Ask yourself the following questions.
      
      1. Did I follow a clear structure?
         1. Tab down from your rule section and start a section specifically for your analysis paragraph.
         2. Use a transition word or phrase such as: "Here" or "In this case."
      2. Did I incorporate all the relevant facts into my analysis?
         1. Generally, most of the facts in an exam question are relevant to some portion of a tested rule.
         2. If you did not use one of the facts given in the exam question, determine if it is truly irrelevant or if it connects to an element of a rule that you didn't analyze.
      3. Did I blend the material facts and the relevant law?
         1. Remember that facts and rule statements must be clearly connected to demonstrate that you understand how they relate. 
         2. Do not repeat the facts back to the professor; use the material facts in the problem - explain why each fact you discuss is legally significant. 
         3. If facts in your application section are floating alone, determine how to link them to a rule.
         4. Examples:
            1. Element of rule is/isn't satisfied BECAUSE [insert fact from fact pattern]. 
            2. Element of rule was/wasn't satisfied WHEN fact from fact pattern happened.
            3. Element of rule is/isn't met BECAUSE [insert fact from fact pattern].
            4. Element of rule does/doesn't apply BECAUSE [insert fact from fact pattern]. 
            5. Element of rule is/isn't satisfied DUE TO [insert fact from fact pattern].
            6. Element or rule is/isn't satisfied AS A RESULT OF [insert fact from fact pattern].
            7. Element of rule is/isn't satisfied BY [insert fact from fact pattern]. 
         5. Practice:
            1. If you find yourself writing three or more sentences of just facts, you likely are not providing an analysis, but instead are restating facts.
            2. Remember, the professor knows the facts. Professors want to know if you can tell them why the facts are legally significant.
            3. When writing an essay, make sure you're constantly asking yourself why each fact you use is relevant.
            4. Ensure you're connecting each fact with a relevant part of your rule. 
         6. Highlighting Exercise: try this exercise this semester to see if this is a weak area for you.
            1. Look at your "A" paragraph.
            2. Highlight all the facts in one color.
            3. Highlight all the rules in a different color.
            4. Look at your "A" paragraph again. Do you have a blend of colors?
      4. Did I include counterarguments when necessary?
         1. Don't leave out facts just because they are ambiguous or conflict with each other - embrace them! There are points attached to these facts!
         2. If you have a relevant counterargument, discuss it.
      5. Did I include policy arguments?
         1. Policy arguments, social or other goals furthered by a specific law and outcome, should be included if:
            1. The professor has instructed you to do so.
            2. You have already written a full, purely legal, analysis of the issue.
            3. A policy argument is truly implicated by the exam question.
4. CONCLUSION
   1. For each issue, rule, and application, identify the conclusion. 
   2. If you did not include a conclusion, you may have assumed the conclusion was obvious.
      
      1. Never assume a conclusion is obvious.
      2. Don't spend a lot of time crafting a conclusion, but always answer the question presented in the issue statement.
      3. "Therefore" is a common way to start your conclusion.

NEXT STEPS:

• If I did everything correct above, will I get an "A" in the course?
  • This guide is not designed to determine what your grade might be.
  • The purpose of this guide is to help students analyze their exams and begin to improve their exam-writing skills.
  • Every practice exam answer can be improved on and that should be your goal.
  • This tool identifies many of the common issues that come up in 1L practice exams, but there are certainly other ways to improve your exam answers. (for instance, the use of headings, transitions, and other structures to ensure ease of reading and understanding; clear and concise writing with correct spellling, grammar, and tone; and including creative, but legally grounded arguments). 
• Pre-write rules and allocate more time to writing practice.
  • The more you're able to write out a rule, the better!
  • Remember, there is a difference between being able to discuss a rule with a peer, or following along with your professor discussing a legal issue, and being able to articulate that rule in writing on an exam.
  • You must practice writing out your rules!
  • Ask your professor if they have a supplement they prefer students use for class, since many supplements have practice questions. Make sure you complete them.
  • If your professor provides old exams, make sure you complete them.
  • If you need additional assistance gathering practice questions, ask Director Behrens. 
• Should I send/take my practice exam to my professor?
  • Each professor has a different preference. Generally, professors want their students to do their own diagnosis of how they did on practice exams, as this self-diagnosis is an important exam preparation skill.
  • If you are speaking with your professor about an exam, make sure you have thoroughly reviewed the exam and any related materials (sample answers, rubrics, etc.) before your meeting.
  • Be prepared to lead the meeting; it's most helpful when students come prepared with specific questions they want to cover in the meeting.

1. How do multiple-choice questions work?
   1. There are three parts to a multiple-choice question: the root, the stem, and the answer set.
   2. The root is the hypothetical fact pattern.
      1. When analyzing the fact pattern, stick to what is written on the page.
      2. Do not make assumptions.
   3. The stem is the question or task. Pay close attention to the call of the question.
   4. The answer set are the answer choices.
      1. One answer will be the most correct. 
      2. The other answers will be incorrect or incomplete. 
2. What is my game plan during the exam?
   1. Read the call of the question first (this does not include answer choices).
      1. Reading the call first allows you to identify the area of law you must focus on to answer the question (particularly for the MBE). 
      2. Reading the call will often provide you with more information on the issue so you can read the facts with a narrow focus.
   2. Read the entire fact pattern and question slowly and carefully.
      1. Multiple-choice questions are a test of close and careful reading as well as a thorough knowledge of the rules. 
      2. Approach the fact pattern the same way you approach issue-spotter exams: spot the issue(s), identify the relevant rule(s), apply the rule(s) to the facts, and reach a conclusion. 
      3. Resist the temptation to add to the fact pattern. Do not assume any facts or ignore missing elements. Stick to what is written on the page.
      4. Highlight and mark up your question. Write on the side of the question or start diagraming/charting the question if necessary. 
   3. Answer the question yourself before you read the answer choices.
      1. Answering the question yourself before you read the facts forces you to thoroughly consider the question and the rules you've memorized and stops you from being easily influenced by the answer choices.
      2. By applying the rules you've memorized to the facts in the question you just read, you are taking charge and answering the question and finding the answer choice that matches your answer the best.
   4. Read all of the answer choices and then select the best one.
      1. Answering the questions yourself first does not mean you do not read and consider each answer choice. Read each answer choice carefully and tell yourself why each selection is either right or wrong.
      2. Eliminate incorrect answers. They may be wrong because they do not mischaracterize the facts or misstate the law. 
      3. Do not assume or add something that is not written on the page. In order to be correct, the answer must be correct in every respect. 
      4. Watch out for incomplete definitions or arguments. An option might sound correct and be partially correct, but it is incorrect because it is incomplete in some way.
   5. When it is time to move on, move on.
      1. Figure out how much time you will have for each question and stick to it (1.8 minutes per question on the MBE). 
      2. Once you have hit your time limit on a question, select your best guess (after eliminating wrong answers). Mark the question for follow-up.
      3. After making your best guess, move on both literally and mentally, so that you can focus on the following questions. Do not get hung up on any one question.
      4. If you have no idea which answer is correct, it is generally better to pick a more precise answer over a more general answer, and to avoid answers with absolutes (never, always, must, cannot, etc.).
      5. Answer every question, even if you are not sure.
3. What if I am terrible at multiple-choice questions?
   1. The first thing you need to do is change the narrative. Adopt a growth mindset. Think: "I've struggled with multiple-choice questions in the past, but with practice, I will acquire the necessary skills to succeed."
   2. Remind yourself that most law school multiple-choice questions are simply short issue spotters and the same skills apply.
   3. Practice, practice, practice. Practice tests not only help assess what you have learned, but they also help you learn and retain new material.

Please contact Director Behrens with questions or for access to more multiple-choice resources. 

Resources for past bar exam essay practice questions:

• National Conference of Bar Examiners
• Minnesota State Board of Law Examiners
• New York State Board of Law Examiners
• Texas Board of Law Examiners