Thursday, April 20, 2017
Over the years, I’ve seen many students struggle in preparing for final exams, particularly with uncertainty about how best to prepare.
Without exception, that leads to a question. In the past, how have you learned to solve problems? And, without exception, students say that they learn to solve problems…by practicing problems (usually with lots of ups and downs, turbulence, and bumps and bruises). That’s because we don’t learn how to solve problems by watching others solve problems.
And, that’s the rub about law school learning.
Simply put, much of our law school experience has been us watching others solve problems (whether observing a professor run through a hypothetical problem, listening to a student in Socratic dialogue, reading and briefing cases, or even in the midst of preparing massive outlines as study tools). Unfortunately, you are not tested on your case briefs, outlines or study tools. Rather, you are tested on your abilities to solve legal problems.
So, here’s the key. Change your focus from passive learning into active learning by grabbing hold of lots of practice problems, sweating over them, stretching yourself through them, and exercising your “brain muscles” in tackling complex legal issues. In short, take charge of your own learning by practicing lots of final exam problems.
To help you visualize what active learning for final exams might look like, here’s a short video animation of the Hudson River airplane crash, spliced with the pilot and aircraft controller communications.
First, as you watch the video, you’ll can see that all is calm. It’s a great smooth takeoff. The flight is well on its way to a far-away destination, and, then, suddenly, there’s flock of geese in the way. That’s how I always feel when I practice exams. All is relatively peaceful and then I turn to the first question and it looks like I’ve just flown into a flock of geese with my engines flaming out as a result. So, here’s lesson one – prepare for geese. You will have problems that are difficult on your final exams. But, you won’t learn how to tackle them until you start working through them first, well, right now, before you take your final exams.
Second, notice the pilot’s voice. Is it calm or ruffled? Yes, the engines have quit. Yes, the plane is not flying to a far-away place anymore. But, it is still an airplane. It still has wings and radios. It is still flying. It’s just not going to Chicago or Phoenix or Los Angeles today. So, here’s lesson two – don’t ever give up, even in the midst of your exam prep and final exams. Keep flying your airplane. Keep working on learning by doing.
Third, as you continue to watch the video, you’ll start hearing lots of air traffic controllers trying their best to help the pilot make a successful return, first to New York City’s LaGuardia Airport and then to Teterboro Airport across the Hudson River in New Jersey. The controllers are busily clearing runways and directing the pilot to turn to this heading and that course. But, the pilot stays in control. Finally, the controllers ask which runway the pilot would like to land on, and, instead, the pilot says – frankly and calmly – the Hudson River. So, here’s lesson three – fly your own airplane. Don’t let others control your destiny. You’re the one that is taking the exam (not those that are giving you lots of advice). And, only you know yourself. So, make your own decisions. Just like pilots do, practice solving legal problems through lots of "simulator flight" time.
Here's the secret about learning. You see, that wasn’t the first time that the pilot lost his engines in flight. The pilot had experienced dual engine failure lots of times…in the simulator. Yes, the pilot had read the horn books on how to land on a river, the cases of previous airplanes successfully ditching in the water, and the manuals on how to stay calm and collected in the midst of a flock of geese. But, reading is not sufficient to learn how to fly an airplane. That’s because no one learns to fly by reading about flying. You learn to fly…by flying. Similarly, you learn to solve legal problems…by solving legal problems. So, get flying today as you prepare for your final exams tomorrow. And, good luck on them all! (Scott Johns).
Thursday, April 13, 2017
Feeling crunched for time to make a course outline. Well, here's a tip to give you a jump-start if you've happened to wait until now to start making your outlines in preparation for final exams.
- Make a copy of the casebook table of contents (TOC) (and super-size it on 11 x 14 paper if you like to make hand-written outlines).
- If you are a hand-writer, then grab a pen and get ready to roll.
- If you are a typist or you like to make flashcards or flowcharts, then grab your preferred tool and list out the chapter subjects and the sections, giving your work lots of "breathing room" to input the cases and materials from the chapters.
- Brainstorm a short "sound-bite" for each case, one by one, and input that "blurb" into your outline. Note: Trust yourself! Your blurb can just be a phrase or one sentence (two at the max). That's because there's a learning concept called "useful forgetfulness." The process of deciding what to put down (i.e., boiling the case or article down to its essence without re-writing verbatim your class notes or case briefs) leads to much deeper memory because, by volitionally choosing NOT to put everything down on paper, you are using your own brainpower to personally analyze what is really important about the case or article to you. In other words, this is where learning happens...because...you've taken the time to distill it in your own words!
- Keep on adding in the short blurbs and, before you know, you've built a TOC outline.
One final note. As I go back to review my class notes and cases to write my case blurbs, I try to skim for just the big concepts, i.e., as though I'm just trying to "catch up with old friends." In other words, I'm just trying to get reacquainted, so to speak.
Not sure what a case blur looks like? Well, here's a sample:
Fisher v. Carousel (lunch buffet plate snatched from NASA mathematician's hand by restaurant work): tortious battery includes contact either through direct physical touching or through touching an object intimately connected to a person because the purpose of battery is to protect human dignity from forceful violations that impact our minds and invade our wills.
In sum, as you can see from the example, I list the case name, I identify a few material facts, and then I re-write the holding of the case in my own words...with a slight twist...because I add the word "because" to explain the court's rationale. And, there you have it: a hand-dandy TOC outline! (Scott Johns).
Saturday, April 1, 2017
Law students may be making some foolish study decisions as they realize their exams are only 4-6 weeks away. Now is the time when the rumor mill generates some study tips that on the surface may sound time-saving, but in reality are very foolish.
Here are some of the rumors that are passed around and the explanation why the study tip is harmful:
- The rumor: Stop preparing for class and just focus on exam study. The harm if followed: Minimal class preparation is a sure way to miss the nuances in class discussion. You will not know what is or is not important without context from preparation. You will not know what the professor is skipping because you were expected to have learned and understood those points during your preparation. The new material will also be on the exam. Why act like it is not a priority? Be efficient and effective in your class preparation, but do not jettison it.
- The rumor: Take all of your remaining class absences so that you have more study time. The harm if followed: Professors will make comments about the exam content and format during the last weeks. Do you want to depend on another law student passing on that inside scoop? For some courses, the last weeks of material pull the entire course together. Some professors test the last part of the semester more heavily because of the very important topics covered at the end.
- The rumor: Have your study group divide up topics for the course so that each person focuses on one or two topics and then teaches the others what they need to know. The harm if followed: All this accomplishes is your being personally ready only for the exam questions on the topics you were assigned. You will know the gist of the other topics, but not have deep understanding of the material others have covered for you. Would you want a emergency room doctor who thoroughly understood broken bones, but only listened to others explain the gist of cardiac arrest?
- The rumor: Spend your time doing practice questions in a study group with everyone chipping in on the possible issues and answers. The harm if followed: Study groups can be helpful for discussing practice questions after you have done them on your own: reading, analyzing, organizing an answer, and writing an answer. Group think without individual work does not tell you whether you would have spotted all issues, you would have thoroughly understood the analysis, and you would have written a solid exam answer. The group will not be with you in the exam to help you think through the questions.
- The rumor: Spend as little time as possible on your 1L writing assignments because your doctrinal courses count for more credit hours. The harm if followed: A high grade in your lower-credit 1L research and writing course is still a high grade! It helps your GPA. Employers pay a great deal of attention to the legal research and writing grades. Employers realize you may have to gain some background on bankruptcy or environmental law; they expect you to know how to research and write already. You will depend on good research and writing skills every day as a lawyer.
If what the rumor mill is suggesting seems too easy, it probably is not good advice. Unsure about what you are hearing? Talk with the academic support professional at your law school to get good advice that will be based on efficient and effective study strategies that will get you more results. (Amy Jarmon)
Thursday, March 16, 2017
In a commentary entitled "Doing is the Key to Learning," physicist Frank Wilczek reflects on learning, writing that "[t]he fear of making mistakes is a great barrier to creativity. But if you're ready to learn from them, mistakes can be your friends. As I have often advised students, 'If you don't make mistakes, you're not working on hard enough problems--and that's a big mistake.'" "Wilczek's Universe," Wall Street Journal, January 21, 2017, p. C4.
You see, sometimes we are too afraid to learn...because...we are too afraid to make mistakes.
But, there is NO learning without mistakes. That's particularly true at this stage of the semester when final exams still seem so far away. So, rather than trying practice problems or meeting with others to discuss hypotheticals, we avoid practicing exam hypotheticals because we often don't feel like we are ready to practice...because we don't feel like we know enough yet to take a try at problem-solving.
That's the BIGGEST mistake of all because learning is hard. Practice is hard. It involves trial and error (and even lots of trials and lots of errors!). In the process, we find out what we know (and what we don't really know). It involves making lots of mistakes before we start seeing any great successes at all in our problem-solving abilities. And, let's be frank: That is just downright humbling. It's frustrating. It's embarrassing. So, we avoid practicing because we want to avoid making mistakes.
So, here's the key:
To REALLY learn, embrace mistakes as golden opportunities for growth. Grab hold of them. Relish in them. Bask in your mistakes because without mistakes you really aren't learning...for it is in the process of making mistakes that you are teaching yourself things that you could have never learned through reading, or taking copious notes, or watching others solve legal problems. In short, the key to learning in law school "is all in the doing" of law school. So, be bold, take a risk, hang it all out by being a law school problem-solver "doer!" Oh, and don't forget, your professors became experts at problem-solving...because THEY MADE THE SAME MISTAKES THAT YOU WILL MAKE TOO. (Scott Johns)
Monday, February 20, 2017
Law students are always looking for shortcuts. The problem is that a shortcut by definition is not efficient or effective: it is cutting corners. Yet year after year, students listen to the upper-division student myth that you just need to get another outline and not make your own.
So let's get it out in the open before it is too late in the semester to still create a good outline of your own: learning occurs when you grapple with material and process it yourself.
- Using a secondhand outline means that someone else learned and processed, you did not.
- A borrowed outline means that you become a parrot who can recite the information without understanding that information.
- You need to understand the law at a deeper level that you reach by outlining if you want to apply it adeptly to new legal scenarios on an exam.
- Each person learns differently; another person's outline or a commercial outline may not match how you need to process material to learn.
- A professor's change in perspective on a course, legal reforms, or a different casebook can all make a prior outline inaccurate - or even obsolete.
- A commercial outline is for a national audience and rarely matches your professor's structure, emphasis, or state jurisdictional focus.
- The quality of the borrowed outline may be suspect if you do not know the grade that was received for the course.
Looking at another outline for format ideas and to check for missing concepts or nuances if legitimate. But depending on it instead of doing your own hard work is asking for deficient learning. (Amy Jarmon)
Thursday, February 16, 2017
As you make your final tune-ups in preparation for your bar exam next week, remember, anxiety is normal. So, please don't fret the "butterflies."
But, as I can attest due to my own exam stress, that is "easier said that done." So, let me offer a technique or two that I use when dealing with a question that I can't seem to figure out how to even begin to answer.
First, I don't try to get a perfect answer. Rather, I treat each exam question as an opportunity to demonstrate my ability to solve legal problems. In other words, I remind myself that I don't have to be right or correct to pass the bar exam; rather, I just have to demonstrate legal problem-solving abilities, something that we have all worked for several months to cultivate in our bar preparation work.
Second, no matter how difficult the exam, I focus on maintaining a winning positive attitude...by realizing that all of the test-takers are facing the same challenges (and therefore the same stresses). That's right. If the problem seems difficult for you (and me), it is difficult for all of us!
Third, I use a simple "3-step plan" to give me a friendly "push-start" to get my mind around how to solve a problem. So, here are the steps, steps that you might try yourself when you find yourself a bit perplexed on how to begin answering a problem:
1. Grab hold of the call of the question and re-write it as an issue statement (e.g., The issue is whether the contract between Pratt and Delta is valid.).
2. Add material facts to your issue statement (e.g., The issue is whether the contract between Pratt and Delta is valid when the defendant failed to sign the contract.).
3. Now, you are ready to organize an answer...because you see (identified the trigger facts) that constitute the big issue (i.e., a statute of frauds problem here).
Let me offer one more "stress-busting" exam tip that you might incorporate in the midst of your bar exam.
That's right. Don't spend all of your time - for hours on end - hunched over your bar exam questions.
INSTEAD, GET SOME FRESH AIR!
LEAN BACK IN YOUR CHAIR...AND BREATHE!
It's amazing but just leaning back in your chair, as the commander of your own "bar-ship" as you read and navigate your way through exam questions, can make a whale of a difference because the action of leaning back brings valuable oxygen to your body...to empower your mind...to do the work that is before you. And, if you really want to take it to the next level, while you are "leaning back," why not just put your hands behind your head to form a "soft pillow" of comfort and confidence. You can picture the move. Just visualizing the move might bring a smile to your face. And, that smile is a bit of relaxation in the midst of taking your bar exam. So, nicely done! (Scott Johns).
Thursday, January 12, 2017
Hat tip to Dr. Nancy Johnson!
In a recently published article entitled "How Laptop Internet Use Relates to Classroom Learning," researchers Susan Ravizza, Mitchell Uitvlugt, and Kimberly Fenn report two interesting findings with respect to the empirical relationship between classroom internet use and final exam scores.
First (and perhaps not surprisingly), according to the article classroom non-academic use (such as surfing the web, watching videos, or using social media) has a negative impact on final exam scores.
Second (and perhaps surprisingly), according to the article classroom academic use of a computer (such as to look up a term that is being discussed in class on Wikipedia) has no measurable impact on final exam scores.
Taken together, the research suggests some caution with respect to student use of computers in classroom settings because, based on their findings, even academic use of computers by students during the classroom is not producing beneficial learning outcomes as measured by final exam scores.
In light of the lively debate concerning student use of computers in classrooms and potential benefits or detriments, here's the article in full: http://journals.sagepub.com/doi/full/10.1177/0956797616677314
Thursday, December 22, 2016
Wow. At long last, final exams are over...sort of.
For most of us, we have a very difficult time with uncertainty in general, which is particularly exasperating as we wait - sometimes for weeks - for our grades to arrive.
So, despite the festive times of this month, we often find ourselves unable to relax, to enjoy the season, and to simply wind down and rest.
Nevertheless, there's a simple way - in just a flash of a moment - to help break free from the many stresses and strains of the past few weeks of final exams. Why not try out, today, the "smile loop?" It sounds, sort of, fun, doesn't it? So, here's the scoop (and the science too):
You see, according to an excellent article in the Wall Street Journal by Elizabeth Bernstein:
"Smiling produces neural messaging in your brain that makes you happier. Some studies have shown that when we smile our facial muscles contract, which slightly distorts the shape of the thin facial bones. This leads to an increase in blood flow into the frontal lobes of the brain and the release of the feel-good chemical dopamine. And, when we smile at someone, that person tends to smile back. So, we've created a feel-good loop." http://www.wsj.com/articles/how-to-fall-back-in-love
For those of you that are not scientists (that's me!), the short scoop is that smiling brightens not just our days but the days of those around us. And, it sure seems to me that smiling at another person gets us on the right track to thinking about others rather than worrying about the past few weeks of final exams (with its lingering wait for grades).
I had the chance to put smiling to the test in very unforgiving circumstances over the course of the past few weeks as a volunteer attorney. There's a little Greek island just a few short miles off the Turkish coast. Because of its locale so close to Turkey, thousands of people have been fleeing on small inflatable boats across the Aegean Sea to escape persecution, calamity, and in some cases war in their native countries - from Syria to Iran to Iraq to Afghanistan to South Sudan - with the hope of receiving refugee in the European Union. I talked with a man, his wife and his adorable small children that risked it all traveling by land from Afghanistan through Iran and Turkey only to be finally living for months in a small UNHCR tent in a refugee camp on the island of Chios.
Despite the lack of resources and the uncertainty of still waiting - for months on end - to receive as of yet an asylum hearing, he smiled. And, then his children smiled. Why, his whole family smiled. In the cold of the wind swept coast of this little island refugee camp, we all smiled...together. He and his family may not have had much to give but they gave something immeasurably priceless...they shared smiles with me.
Let me say, this was not unique. As I walked through the refugee camp with a number of refugee-seekers, even though we often didn't speak the same language, we were able to communicate in ways that are often richer than words. Over and over, refugees would just come up to me with big generous smiles and warm handshakes of greetings. Memorably, a small Syrian boy grabbed my hand one day by the lunch tent as a group of young people were dancing, asking me to join in the footsteps and singing.
You see, smiles are not just a trick to make your life better or happier. No, no at all! Rather, smiles are the sweetness of life itself in helping us to make the world a little better for others. So, as you wait for final exam grades to come in, be of good courage and share smiles with those around you. Who knows? That brief smile might get you up and dancing!
Wednesday, December 14, 2016
Exams are in full swing so students are focused and appear to be productive. The hustle and bustle of activity throughout the building has calmed down only to usher in the quiet sounds of exam study. I see and hear students prior to and after exams; meanwhile, I am able to complete administrative tasks uninterrupted. Topics of student conversation typically relate to stress, study strategies, complex concepts, time management, and study aids. Students have an array of “light bulb moments” which is quite interesting to hear. Conversations I have with students are slightly different and concern pre-exam confidence building and post-exam debriefing.
The most exciting thing I have observed is how students support one another as classmates, friends, and colleagues. Students are more likely to listen to other students, even more than they listen to academic support experts, so it is nice to hear students repeat to their peers’ advice I have given them. A few things I have heard students repeat in the hallways include:
“You can do this! We’ve got this!”
“You studied so hard and it is going to pay off.”
“You taught me the information so you know it.”
“We completed all of the professor’s past exam so we have some idea of what the professor is looking for. If worse comes to worse, we have a reference point and can write something down.”
“We were in office hours more than anyone else and figured out what we did not know.”
“You are smart!”
“Leave the past in the past; you have control over what is ahead.”
Encouraging hallway chatter makes all the difference! (Goldie Pritchard)
Wednesday, December 7, 2016
Monday marks the first day of exams for 1L students at my institution and I can sense it. Students are stressed and it is only going to get worse. Students are trying to determine what they can accomplish in the limited amount of time they have remaining. Students simply feel overwhelmed by the exam preparation process. At this point, we need to move beyond regret and encourage students to be as effective and efficient as they can be given the task at hand. Here are the top three things concerned students will likely hear from me:
(1) Quality over Quantity
I hear of students spending hours in the library simply to spend hours in the library. Some students feel a sense of accomplishment if they spend hours in the library, even if they are not studying the entire time. Presence in the library equates to information somehow being learned and retained. A library is an amazing place for students with a plan. Students who have a plan, implement the plan, and set deadlines are often more successful and better prepared for exams. A library can be an amazing learning environment if used appropriately. Start your studies with concepts you find most difficult and are most afraid of.
Attempt a practice question for each and every subject area and attempt questions using the various modes of testing used by your professors. Exam day should not be the first time you write the answer to a practice question. It is also not enough to write answers to questions, it is important to know how to critique answers. More importantly, it is necessary to be honest with yourself about your performance. Challenging practice questions are not intended to be discouraging but to highlight what you know and don’t know which can be a very useful study tool.
Checklists are a great way to ensure that you are addressing all possible issues in an issue spotter exam and to ensure that you are addressing all elements or parts of a rule for each specific issue. Checklists can also be a great mechanism for starting the process of memorizing information. All the very best to law students everywhere taking exams in the very near future! (Goldie Pritchard)
Thursday, December 1, 2016
With exams for many students in full swing, the question becomes how "paced" to "pace" oneself in between a series of final exams. Let me offer one thought as you swing from preparing and tacking one exam to preparing and taking another exam.
For most of us, because we are under significant time pressures to read, organize, and write final exam answers, we tend to approach our preparation efforts with the similar feeling (i.e., that we will never be able to finish a final exam on time) unless we spend most of our exam preparation efforts engaged in timed practice.
In other words, we try our best to work on speed at all costs because we are so worried that we will never finish the exam. But, if you work on speed, you will never get better...only faster. And, that's where the story of the tortoise and the hare comes in.
You know the story. The hare bolts but soon runs out of energy because she did not pace herself. She practiced sprinting in the moment rather than running the race for the long prize.
On the other hand, the tortoise - slow and methodical - just keeps plodding along, step by step, pace by pace, moment by moment, until, against all odds, the tortoise passes the hare and crosses the finish line to the astonishment of all...in first prize.
You see, it is not true that those that write the most or finish the exam the quickest earn the best grades.
Rather, success on final exams comes in showing your work, step by step, pace by pace, moment by moment, in solving legal problems as a professional attorney would do. And, that requires not sprinting in bursts of practice but rather in thinking carefully and slowly and critically and methodically through lots of practice final exam problems.
In short, the key to doing your best work on final exams is to slow down your practice, to reflect on your reading, analysis, and writing, and to incorporate what you learn through each practice set so that you become better able to handle future legal problem-solving scenarios.
Let me give you another picture. Perhaps you've heard the saying: "Chew the cud." According to the Cambridge Dictionary, the phrase means to "think slowly and carefully about the subject." It's roots come to use from another animal account, this time dealing with cows.
You see, cows are said to "chew the cud." Unlike many animals that just swallow their food, cows are constantly chewing their food. That's because the process of digesting food for cows requires a number of steps. First, cows need to chew their food to moisten it in preparation for digestion and send it to a part of their stomachs that adds acids to further soften the food. Then (and this is going to get a bit gross), the first bites of food are sent back to the mouth from the stomach (i.e., regurgitated) so that the cows further chew the softened food so that another part of the stomach can property extract the critical nutrients. http://www.cattle-empire.net/blog/115/what-cud-and-why-do-cattle-chew-it In short, cows can't get fed from food that doesn't get crunched, regurgitated, and then re-crunched again. And, we can't do well on final exams unless we chew on exam problems, write out exam answers, and then review and re-write our answers so that we learn.
In brief, the short days in between exams should be filled with "chewing the cud" by slowly and methodically working through practice problems so that we learn how to get the most out of our preparation efforts for final exams. Or, as another saying goes, "haste makes waste." So, take your time and think carefully and slowly rather than hastily and carelessly as you work through practice problems in preparation for your next final exam. (Scott Johns).
Wednesday, November 30, 2016
Two of the most important workshops offered by our Academic Success Program (ASP) are consistently poorly attended. It may be because they are programs offered later in the semester or because students fail to recognize the value of the workshops until after exams. The first workshop is the Legal Analysis Workshop which addresses how to effectively issue spot, how to organize answers to essay questions, and how to develop effective analysis. Students with graded midterms seem to take the time to attend the Legal Analysis Workshop because they want to perform well on their exams or simply want to ensure that they can make positive adjustments prior to final exams. Most students are of the impression that they have a firm grasp of what is expected on exams and know how they will perform. However, for some, this is a false sense of confidence and students who really need this information to not seek it out.
The second workshop is an Exam Preparation Workshop which is presented in collaboration with our Student Affairs Office. This workshop is presented prior to Fall break to encourage students to make adjustments during the break. The workshop addresses various exam preparation skills such as memorization, resolving challenging concepts, developing a study plan given the time constraints, and applying information to multiple choice and essay questions. Once grades are posted, I am often visited by students who inquire about why we do not offer exam preparation support or help students learn how to take law school exams. I am often perplexed because the programs are advertised using a number of outlets. Students can also meet with the ASP directors individually, with Teaching Assistants who add these components to their sessions, and/or obtain information about exam preparation posted electronically. Once I inform them about all these opportunities and how to acquire the information; they either tell me that they were not paying attention or felt overwhelmed by other aspects of law school. They often say: “I should have come earlier” which always makes me smile. We leave the past behind and work on the tasks ahead, preparing for the next set of exams. 1Ls, please seek out academic support resources at your law school as it is never too late to receive help. (Goldie Pritchard)
Tuesday, November 29, 2016
As exams and paper deadlines approach, it is easy to procrastinate. Here are some clues that you are not using your time wisely and missing out on oomph in your studies:
- You have alphabetized your casebooks and study aids on your bookshelf, sharpened three dozen pencils, hole-punched two hundred documents for pretty color-coded binders, made 1000 tabs for your code book, and straightened the drawers of your desk - but you have not actually studied yet.
- Your apartment is spotless after you have done spring cleaning (after all you did not do it in April): scrubbed all baseboards, dusted every nook and cranny, washed all drapes and throws, polished the wood floors, shampooed the carpets, cleaned out closets, and polished the porcelain surfaces to a gleaming finish.
- You have focused on Christmas shopping (Black Friday and Cyber Monday were just a start) and scoured every store for presents for family, friends, family pets, friends' pets, neighbors, neighbors' pets, distant relatives, the mailman, the cute barista at Starbucks, etc.
- You have decided to decorate and ready your apartment for the holidays: put up your tree, hung the wreaths, strung the outdoor lights, made popcorn or construction paper chains to festoon your evergreen, baked cookies, hung stockings with care by the chimney, and wrapped endless packages in perfectly coordinated ribbons and paper.
- You paint the living room, dining room, bedrooms, and kitchen, then redo the kitchen backsplash with an intricate mosaic that takes hours to finish, replace all countertops and the sink (you always wanted one of those farmhouse models), and decide to go shopping for new stainless steel appliances for the perfect look.
- You write actual letters to every high school and college friend you every had (after all what says happy holidays like a handwritten missive), talk for hours on the telephone with every relative, review the 2000 emails in your inbox to see what might need deleting, and read every piece of junk mail that lands in your real-world mailbox.
- You set a goal to study right after you watch every episode for all seasons of Downton Abbey or become world champion on your favorite gaming indulgence whether that is Pokémon Go, solitaire, or the latest really cool video game.
Do you think I am kidding? All of these scenarios reflect procrastinating law students I have known with very little exaggeration in the details. (Amy Jarmon)
Saturday, November 26, 2016
Thanksgiving is over - except maybe the leftovers. Most folks end up with a surfeit of turkey, dressing (stuffing to some of you), sweet potato casserole, green bean casserole, succotash, greens, biscuits, cranberry sauce, gravy, sweet potato pie, pumpkin pie, pecan pie, etc. Your refrigerator's stock may look different depending on your region of the country, culinary tastes, and family traditions. However, leftovers are pretty universal everywhere after the big day.
Some people love the leftovers better than the initial feast! Others groan every time they look at all of the food still waiting to be eaten. Exam study strikes many law students the same way that leftovers are viewed.
For some students, exam study is better than the semester's courses. They are into pulling it all together (yes, you can use that fancy word "synthesizing" that law professors love) and finally understanding what the semester was about. They love the accomplishment of focusing on the main concepts and applying them (finally) to practice questions. For them exam study is a delightful feast of previously unrecognizable and half-baked concepts that now are fully learned and understood. A delicious culinary delight, rather than dreary leftovers! (They do not love exams, mind you; but they love the feeling of accomplishment that comes with their exam review.)
For other students, exam study is a dreaded rehash of an already eaten meal. They have gotten the gist of the course all semester and were fully satisfied with just that - a gist. Now they are being forced to sit down and eat the meal a second time - leftovers that they did not consume the first time: nuances in the law, precise rule statements, specific methodologies to use. They just want the leftovers gone and may try to feed the sweet potato casserole under the table to the dog (messy to say the least). In an effort to avoid the leftovers they do not like, they may go straight for dessert and focus only on the parts they have already mastered or the topics they like most. Some of these students will get up from the table so often during the review process that they never really savor the meal at all.
Both of these types of exam studiers, although different in perspective on the process, are basically cramming the Thanksgiving meal at the end of the semester. Next fall semester, they will enjoy it more if they take small bites throughout the semester, savor it day by day, digest it slowly, and proclaim its tasty merits along the way. Then they will be truly well-fed all semester and be able to eat in moderation at the big meal. They will have the ability to pick and choose from leftovers rather than overeating because they did not get enough nourishment over the semester. They will avoid the heartburn of cramming all of it down at the very end. (Amy Jarmon)
Monday, November 21, 2016
Thanksgiving is almost upon us. Wow, the semester went by fast. As you go into Thanksgiving Break and exam study mode, here are some suggestions:
· Add any new material to your outlines on the last class day before Thanksgiving Break so that your master documents for exam study are ready to use during the break.
· If you are travelling during the break, consider whether you could get some studying done while on your journey:
o Could you listen to study aid audio CDs to review material in a course during your drive?
o Could you read through an outline while sitting in the airport?
o Could you work through flashcards during that layover?
o If travelling with another law student, could you discuss class material or quiz each other?
· Remember that each study day has three parts to it: morning (8 a.m. – noon); afternoon (1 – 5 p.m.); evening (6 – 10 p.m.). Determine which parts of the day are your optimal study times.
o When are you most alert and productive?
o When can you schedule study time around family activities if you are going home?
· On the morning of your first study day during the break, read all of your outlines through once. This read-through will accomplish several things:
o It will refresh your memory on everything you covered this semester in each course.
o It will give you a change to identify areas that you know well, need some work on, and need a great deal of work on before the exam in the course.
· If you will have trouble studying while out of town, consider leaving town later or coming back earlier to optimize your study time here.
· If studying at your family’s home will not work because of distractions, consider going to the local public or college library, the business center of your family’s apartment complex, or some other place to study.
· Take Thanksgiving Day off if you can afford to do so with your exam study. You will feel better for having a holiday. And if you are with family, they will be happier with you for joining them for the day’s festivities and traditions.
· Finish class preparation for the last class days after the break (if that is your law school's schedule) over the Thanksgiving Break if possible to open up more study time during the last class week.
o Then you will need to review the material to refresh your memory before you go to class each day.
o If you are flying home, photocopy the pages you have to read rather than take all of your casebooks with you.
· If you have papers or projects due the week you come back, try to finish a final draft by Sunday night of the break so that the remaining time can be devoted just to editing, citation checks, and printing the paper.
· Do a final update of your outlines for new material on the last class day after the break for each course. You want to be ready to study on the first reading day and not play catch up.
Have safe travels and a happy holiday this week. (Amy Jarmon)
Thursday, November 17, 2016
Wow; do I ever get distracted...with emails...incoming snapchats....Facebook posts....and just the overall buzz of the omnipresent internet. There is so much NOISE that takes up so much of my TIME that I seem to get so LITTLE done. That's particularly true for me in preparing for exams because, to be honest, I am a big-time procrastinator...with a CAPITAL P!
In fact, I was just fretting about how much I had to do today (which, of course, is related to my procrastination issues) when I came across an article by Lucette Lugando describing how surgeons stay focused during organ transplants. Hum...That's what I need. To Focus. To Stay on Task. To Just Get Something Meaningful Done Today! http://www.wsj.com/articles/how-surgeons-stay-focused-for-hours-1479310052
So, here are a few thoughts that I gleaned from Lugando's article that might be especially handy as law students (and myself) begin to prepare for final exams.
1. First, put away my cellphone. Turn it off. Hide it. Ditch it. As detailed in Lugando's article, "Transplant surgeons, whose work includes stitching minuscule blood vessels together, minimize their distractions. No one checks cellphones in the operating room during surgery." No one checks their phones? Really? Are you kidding? Of course not, at least not during surgery. And, exam preparation requires us to do surgery, so to speak, on our study tools and on loads of practice exams. Thus, as I create study tools or as I learn by taking practice exams, I can help myself mightily by placing my focus on my work at hand... rather than the cellphone that is so often in my hand...by removing the "cellphone temptation" out of my grasp. Who knows? It might even lower my anxiety to stop looking at it constantly.
2. Second, sharpen my field of vision to the bare essentials (working on my study tools, practicing lots of exam questions, and looping the lessons learned from my practice problems back into my study tools) by creating an environment that is free of my own personal distractions...so that I focus on learning rather than the noise that is so often around me. As Lugando points out, "The surgeons often wear loupes mounted on eye glasses to magnify their work, which limits their field of vision to a few inches." In other words, with respect to final exam preparation, maybe I need to limit my field of vision to the "few" essentials, namely, creating study tools, testing my study tools out through practice exams, and then editing my study tools to incorporate what I learned about problem-solving through the practice exams. Practically speaking, that means that I need to remove all the other objects of distraction within my field of vision, first, by scheduling my study tasks (and not just my study hours) and, second, by setting up a place where I will not be distracted by the environment around me.
There's a saying, apparently by Winston Churchill, that says: "You will never reach your destination if you stop and throw stones at every dog that barks." Or, as Bruce Lee put it, "The successful warrior is the average [person] with a laser-like focus." So, instead of having the cellphone bark at you constantly, you might just try out what surgeons do...and turn your focus into a laser for several hours a day by getting rid of distractions during your study periods as you create your study tools and practice final exam problems. (Scott Johns).
Sunday, October 23, 2016
Crunch time is fast approaching for law students. Exams are getting closer now that we are nearly two-thirds of the way through the semester. It is a time in the semester when students begin to make study choices that superficially seem good but are really very counter-productive. Here are some tips on making wise decisions:
- Cramming promotes forgetting material as soon as it is dumped on the exam. By reviewing and applying material multiple times, it is more likely to end up in long-term memory - the filing cabinet of your brain. Long-term memory helps you use the material in later courses and retain more material for your ultimate goal of bar review.
- Merely re-reading an outline several hundred times will not result in deep understanding. Remember to really grapple with the material and ask yourself questions. What does this element's definition really mean? How do these rules work together? What fact scenarios would change the outcome when this rule is applied? How would the analysis change under the common law/majority jurisdiction rule and under the restatement/uniform code/state-specific law/etc.?
- Students often take a compartmentalized approach of some variation to studying: two weeks on course 1; the next two weeks on course 2; then two weeks on course 3. However, we forget 80% of what we learn in two weeks if we do not review regularly. By focusing on only one course at a time, you have brain leakage on the other courses - especially the last one in the list.
- It is human nature to spend time on what we already know well and avoid what we do not understand. We go for the safe and cozy. You need to allot sufficient time to address the really difficult material and not leave it until the end for cramming.
- Students often fall for the open-book trap. They study less diligently because of a false sense of security. In reality, students rarely have time in an exam to look up much material. It is better to study the material well with the goal of limited use of any open-book options during the exam.
- It is inefficient to complete intermediate- or expert-level practice questions when one has not studied the material yet. If you do not know the material, you are unlikely to learn it in an organized fashion and synthesize it properly with random exam questions. Learn the material well first so that you can truly monitor your understanding and practice your exam-taking skills to the most advantage.
- Have at least a few days lag time between learning the material and doing those harder practice questions, however. If you do the practice questions right after your review, you will get them right because of the timing. A time lag allows you to monitor your retention and true ability to apply the material.
- Beware of avoiding practice questions because you do not know yet the type of exam (objective, short-answer, essay) you will have. Do a variety of questions for now. You will be ahead of the game if you do as many practice questions as possible to monitor your understanding and application of the law. When your professor announces the exam format(s), switch your efforts to those specific types of practice questions.
- Memorization of the law cannot be done in major stretches of time. Your brain chunks information and has limited capacity to memorize lots of rules at once. Limit your memory drills to bursts of 30 minutes or less. The number of drills for a course will depend on the amount of material and its difficulty.
- Students can be tempted to spend too much time preparing to study or over-elaborating tasks, so that more effective study tasks with lots of results get lost in the process. It is easy to distract oneself with neatly retyping notes, designing artistic visuals worthy of an art gallery, searching for the perfect binder and tabs, cleaning one's study area, lining up highlighters and pens, and stacking up one's study aids. Go for oomph instead of frills.
- Sleep is one of the first things to go (if it has not already). However, lack of sleep is one of the main reasons for low productivity, fuzzy thinking, poor retention/recall of material, and brain freeze. Get 7 - 8 hours every night (preferably with the same bedtime and waking hours) in order to get much more done in less time with the added benefits of real learning and focus.
You want to be efficient (using time wisely) and effective (getting real oomph from that time) during the remaining weeks. By carefully choosing your strategies, you can maximize your exam review. (Amy Jarmon)
Thursday, September 29, 2016
As mentioned in a previous blog, most of my law school outlines were - simply put - not outlines…and not useful at all in law school. Rather, my outlines were just my regurgitated notes with my case briefs and class notes filling out the details.
And, there was a good reason that I didn't know how to outline or create another organization tool (such as a flowchart, a map, an audio file, a poster, etc.). That's because I didn't have a framework in mind to organize my notes, briefs, and casebook materials. And, I suspect that many of our students find themselves in similar straits.
So, here's a thought…just a thought. Perhaps Academic Support Professionals might lend a hand in providing the organizational template for outlining.
Here's why. First, the casebook and the class syllabus already provide our students with a rough guide as to methods to organize a law school subject. So, we don't mind giving our students some sort of start in the process. But, the rough guide from a casebook and syllabus are not enough.
That's because the rough outlines in those materials do not provide students with sufficient details to organize the subject. The tables of contents, for example, usually just provide legal terms of art. That's it. No so-called "black letter" law at all.
So, here's the rub. We expect our students to craft the rules for themselves. But, in the practice of law, we don't do that at all. Rather, at least speaking for myself, when I work on a novel legal problem, I don't ever start with a casebook. Instead, I start with a mini-hornbook to provide me an overview of the black letter law, including the big picture "umbrella" rules, such as: A refugee is "one who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion…" Immigration and Nationality Act, Section 101(a)(42)(A).
Then, I start digging into the cases to figure out, assuming that the law does not define the various terms, what persecution means or membership in a particular social group, etc. In short, as an attorney, I have never had to create an umbrella rule from scratch based on reading a bunch of cases. Instead, I use the cases to determine how to apply (or distinguish) the rule to (or from) the situations that my clients are facing.
If that is how most of us practice law, then maybe that is how we should study law too. If so (and this is just a hunch of mine), maybe we should be giving our students a template of the black letter law. Then, our students can proactively use that template to flesh out the meanings of the rules, the limits of the rules, and the particular applications of the rules…by inserting within that template their case blurbs, class notes, class hypotheticals, policy rationales, etc.
One of my best professors in law school (and also one of my most difficult in terms of grading) was not afraid at all to set out the black letter law for us, both as a preview of the coming class and as a review of the previous class. With the law set out, we were much better able to dig into the heart of the law…what do the words mean, what are the policy implications behind the rules, should the rules be changed, etc.
In short, we learned to think like a lawyer…even without having to craft our own umbrella rules. And, amazingly, that's one of the few law school classes that I can still recall many of the things that I learned. The others - just like most of my law school outlines - are just faded memories. (Scott Johns).
Thursday, August 18, 2016
As reported in "Above the Law," there is one thing that we can do to improve our students' grades in all their courses this academic term.
In her post about the article "The Impact of Individualized Feedback on Law Student Performance," Kathryn Rubio summarizes the research of Daniel Schwarcz and Dion Farganis that demonstrates that law students that have just one teacher...in just one course...who provide individualized feedback within that course...improve grades for their students...across all courses, even controlling for LSAT and UGPA: http://abovethelaw.com/2016/05/one-thing-can-improve-all-your-law-school-grades/
Here's the proof (or, for those of you that are trial attorneys, the empirical evidence): The Impact of Individualized Feedback on Law Student Performance.
For us, this is incredible news…because…we can make that difference for our students - across all their courses - by integrating individualized feedback through our own courses and programs.
Wow…that's the power of one! (Scott Johns).
Wednesday, May 4, 2016
As mentioned in an earlier post, many law students struggle with time management in exams. Time charting for multiple-choice exams is different than for fact-pattern essay exams. However, time charting is just as important to make sure that a student completes the full exam without rushing at the end or leaving questions blank.
Students often tell me that they have a minute, a minute and a half, or two minutes per question depending on how many questions the professor has announced will be on the exam and the time period allowed. Let's face it, trying to keep those small portions of time in mind over several hours is difficult. You would get whiplash from looking at your watch as you went through 100 questions if you tried to track the time used for most questions.
A time chart with checkpoints is a useful method to make sure you finish the entire exam but do not become hyper about your time per question. The checkpoints provide times when you will evaluate your progress through the exam to see if you are going too quickly or too slowly through the exam.
Most students find that 1/2-hour checkpoints work well if the multiple-choice exam is over two hours long. For shorter multiple-choice exams, 1/4-hour checkpoints may be desirable. The checkpoint alerts you to how many questions you should have been completed by that point in the exam.
Let's say that you have 100 questions to complete in a 4-hour exam. The exam starts at 1:00 p.m. and ends at 5:00 p.m. If you have 1/2-hour checkpoints, the questions will be divided into eight segments. 100 divided by 8 = 12.5 questions. If you round up to 13 questions per checkpoint, you will have 9 questions left to complete in your last half hour of the exam. If you round down to 12 questions per checkpoint, you will have 16 questions left to complete in your last half hour of the exam.
Most students would prefer to complete the 13 questions at each checkpoint and have less pressure at the end of the exam. If they complete the 9 questions in the last segment earlier than 5:00 p.m., they will have time to go back and selectively review some questions. Strategically, most students would choose to have the time chart below using 13 questions per segment:
NUMBER OF QUESTIONS COMPLETED
You can modify the number of checkpoints that you choose to reflect exam issues that you might have with multiple-choice. If you know that you tend to rush through and misread or not spend sufficient time analyzing answer options, you may want additional checkpoints to slow you down. If you know that you tend to overthink and get behind in an exam, you may want additional checkpoints to prevent your bogging down. In either of these cases, you might decide you want 20-minute checkpoints instead of 1/2-hour checkpoints.
Should your reserve time in your chart for review of the test? In the time chart above where you only have to complete 9 questions in the last segment, you will garner a few review minutes automatically if your pace stays the same in that segment. However, if you want specific review time, you will need to subtract your reserved review time from the total exam time and then distribute the remaining time appropriately over the questions to determine your checkpoints. For example, if you reserved 20 minutes out of your four hours, you would have 220 minutes to distribute for 100 questions. You would still need to complete 12.5 questions per segment (rounding up to 13 or down to 12).
If you reserve review time, just make sure that you do not review every question because you are more likely to second-guess yourself and change right answers. Instead go back to select questions where you were unsure about the answer. When you initially complete a question, put a check mark in the margin to indicate when you want to review that question later; always bubble in an answer on the Scantron (if using one) and circle on the test paper the choice you have bubbled. If you do not have time to go back to the question, you at least had an answer indicated rather than a blank.
With the check mark noting later review, also indicate how sure you are about that answer choice - 80%, 70%, 60%, 50%, less than 50%. (Some students do not review questions they are at least 80% sure of initially and only indicate lower percentages.) The estimate tells you when you return to the question that you should not second-guess yourself and should only change the answer if you are now more than that percentage sure that the new answer is correct. Practice estimating your degree of certainty when you complete questions during your exam study; you do not want to waste time in the exam trying to determine what 70% certainty is compared to 60%.
If you practice time charting and completing questions at the appropriate pace during your exam study, the methods will be natural when you get into the actual exam. You can also determine ahead whether you are someone who needs additional checkpoints because you are too slow or fast and whether you want to reserve review time or complete the exam using the full time for answering questions once. As soon as the proctor indicates you may begin, you will quickly build your time chart to follow.
If an exam has both a fact-pattern essay portion and a multiple-choice portion, then you will complete two time charts - one for each portion of the exam. For information on time management for fact-pattern essay exams, please see the post on Saturday, April 30th. Good luck on completing your exams! (Amy Jarmon)