Law School Academic Support Blog

Editor: Amy Jarmon
Texas Tech Univ. School of Law

Monday, October 2, 2017

Hypothetically Speaking . . . .

I mentioned last week that students don’t have to wait until final exams at the end of the semester to find out whether they have a good understanding of what their doctrinal professors are teaching. Since most law school classes don’t have traditional periodic tests, I encouraged students to use their professors’ various “what ifs” and “how abouts” to test their understanding of key rules and concepts that the professors are covering in class.

Students: If you are able to answer the professors’ hypotheticals—whether out loud or in your head—you are positioning yourself well to answer the professors’ hypotheticals on their final exams.

A final exam is often just a mixture of a bunch of hypotheticals in one or two large stories. The hypotheticals test your recollection and understanding of key rules that you have covered throughout the semester. The hypotheticals also test your ability to identify and apply significant facts within the hypotheticals to your key rules. This application of law to facts is legal analysis. The better your legal analysis is on a final exam, the more likely you will get a better grade.

But, I know the Socratic class can often be an intimidating and difficult experience, particularly for many 1L students. I know it is not easy sitting in a Socratic class worrying about getting called on—I’ve been there, and I didn’t particularly like it. I disliked the Socratic class so much that I wanted to quit law school after my first year (That story is for another blog post; but you can read a little more about my law school experience here.)

I feared speaking up in the Socratic class because I didn’t want to be seen as incompetent. I worried too much about what my professors or my peers might have thought about me during that moment right after the professor called my name in class. I worried about getting the professor's question wrong. I worried about appearing nervous. I worried.

It took me a long while to adjust to the type of teaching in the Socratic class. It took me a long while to realize that it didn't matter if I was nervous or got a question wrong--what mattered was how I did on the final exams. 

So, I wanted to do what I could to prepare for the final exams. I tried to do a lot of preparation outside of class. I read my cases. But, I also used study aids to help give me context for what I was reading. The study aids also provided me with a bunch of hypotheticals where I could practice my legal analysis.

I practiced my legal analysis within the confines of my safe apartment where I didn’t have to worry about others “judging” me if my voice cracked or was shaky or when I didn’t answer a question correctly. I trained myself on issue spotting and applying law to facts so that I could feel more confident not only in the Socratic class, but on the final exams as well. And things turned out okay for me. The guy who wanted to quit law school after his 1L year is now teaching in a law school.

It’s funny how things turn out. And things can turn out well for you, too. Try to engage with your professors’ hypotheticals. If you are not fully able to engage with the hypotheticals in class, look for ways to engage with hypotheticals outside of the potentially intimidating classroom. Like anything in life, the more you practice, the better you will get. And you have an entire semester to practice for your big day (and it won't matter on that big day whether your voiced ever cracked in class or whether you got a question wrong when the professor called on you). (OJ Salinas)

http://lawprofessors.typepad.com/academic_support/2017/10/hypothetically-speaking-.html

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