November 16, 2005
Exam Writing Is Different.
Exam writing is different from first year legal writing because, while the usual 1L legal writing class teaches writing as a craft, exam writing is a skill. What does this mean? Legal writing for class is something that students have more time to work on; in addition, almost the entire exercise is about students' organizing their thoughts and choosing their words carefully. Exam writing, on the other hand, is a formulaic way for students to show their professors that they not only understand the material but can also use it.
If legal writing is a painting, exam writing is a photograph. Exam writing must be done quickly and accurately; and while it must also be done with some creativity and is worth the same 1000 words as a painting, it has to be more stark and realistic. Some of the best 1L legal writers will not do well on their exams because they cannot leave an answer in its raw form. Rather, they need to hone their thoughts and organization until the answer is perfect; and frankly, they do not have the time to do it, so their grades do not reflect their knowledge of the subject or their writing ability.
So how do we prepare students to let the raw answer be and move on to the next question? I do the math with students, trying to make the point that one fabulous answer on a four part exam is still unsatisfactory, while four reasonably complete and cogent (but imperfect) answers will suffice. I teach them the exam mantra: "the issue is...the rule is....here we have....therefore..., next." I think I hear students muttering this during exam week, or I'd like to think that's what they are saying as they pass me in the hall....
I also advise taking old exams under exam conditions (timed without notes and books) so students can figure out their ideal ratio of time to organize vs. time to write (usually about 20%/80%). I talk about organizing answers by party (good for torts, not civil procedure) or by transaction (excellent for contracts, but not for torts), etc. I give the old tennis analogy (you still need to follow through after you’ve hit the ball) as a way of reminding students to include counterarguments and defenses. I, personally, had to write the word DEFENSES at the top of every exam in law school lest I forget to include them.
After working in academic support for a while, I have concluded that a student’s performance in the first year legal writing class may not be an indicator of how well that student will perform on exams. Oddly, only about half of the students I see find this comforting. (ezs)
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