Thursday, September 20, 2012
Law students spend a great deal of time on their case briefs while preparing for class. They then listen carefully in class and take copious notes. But sometimes in the hurry to get on to the next reading and briefing assignment, they forget to take time after class and compare their briefs to the professor's class discussion. By critiquing afterwards, the briefs can become tools to see how one can do a better job of analysis for the next case.
One professor may go into great detail on all aspects of a case while another professor will just hit the highlights of the same case. Each professor is different, so a student's brief may include more or less detail depending on how the professor teaches and what questions typically come up in class. Students' briefs will also differ in length and format because of their learning styles.
Despite these factors, students still should to use their case briefs as a learning tool for how to become more adept at analyzing and briefing cases. Student want to learn how to select all of the correct essentials for a brief rather than including too much that is extraneous or too little that ignores important points. Critiquing ones briefs increases one's ability to find the balance needed.
Take the facts section, for example. One wants to be able to differentiate between the legally significant facts and the storytelling facts in the case. The court usually includes both types of facts because the reader needs to know the facts that relate to the court's holding as well as enough facts to understand the scenario of the case.
If a brief includes all of the facts given, then it is not making the distinction about what is important. If a brief includes too few facts, then it may miss the legal significance of some facts.
By analyzing why one missed some facts that the professor emphasized as important to the outcome, one gains greater understanding on how to spot legally significant facts among the overall facts. By asking oneself why the professor left out some facts that the student thought were important, one begins to see why some facts are merely storytelling facts and not necessary to the legal analysis.
Next think about the issue in the brief. Student issue statements are often too narrow or too broad rather than in line with the professor's version. Issue statements that are too narrow restrict the court's question to fewer legal scenarios than are meant to be included. Issue statements that are too broad apply the question to more situations than are meant to be encompassed. Because the holding is the answer to the issue, an incorrect issue statement will then be mirrored in an incorrect statement of the holding of the case.
By evaluating why one's statement is too broad or too narrow, the student learns how to understand the court's specific purview and the reach of the law. One learns how to analyze the impact the case will actually have.
Because casebooks edit cases for a specific teaching purpose, students may not realize initially that cases are often far more complex than what is being assigned for the reading. They may not be aware that there are multiple issues in a case.
Also consider the reasoning section in the brief. Students sometimes miss the logic of the case because they skip steps in their briefs rather than delineate the entire reasoning process of the court. They mistakenly focus on just getting to the holding rather than learning how courts reason so they know how one would argue a client's position.
By evaluating whether one left out steps in the reasoning or misunderstood the importance of various aspects of the discussion, the student learns to work through the analysis logically and to weigh the importance of arguments. One's ability to reason persuasively increases as one gains knowledge in how courts make their decisions.
A student may find that critiquing her briefs indicates where the problem is but then the student is unsure how to fix it. For example, the issue statements may be frequently wrong, but the student may not see why and what to do differently. I would suggest that the student visit with the professor during office hours and show the professor a selection of briefs with issue problems. The professor is likely to see the pattern of error and be able to make suggestions to correct it. (Amy Jarmon)
Sunday, September 16, 2012
Some of my students struggle with getting their work done in a timely manner. They succumb to electronic distractions: cell phones, Facebook, Twitter, e-mail. They take 2 - 3 hour naps. They allow a 2-hour reading assignment to bleed over into 3 hours. They wander around the law school chatting with friends.
Setting up accountability mechanisms works well for many of these students. They lack self-discipline, but can meet expectations when someone else is going to monitor what they do. Some examples of accountability strategies are:
- Students with major papers to write can set up a series of deadlines when they will confer with their professors or turn in certain work (if the professor is willing): topic discussion; outline of initial research; initial bibliography; first drafts of each paper section.
- Probation students meet weekly with me and know that I will ask about their reading and briefing, outlining, writing progress, and reviewing for exams each time I see them. Having to be accountable keeps most of them on track.
- Married students post their study schedules on the refrigerator at home so that their spouses know when they should be studying rather than watching television. They give their spouses permission to monitor their time and hold them accountable if they are not adhering to the schedule.
- A law student will ask a classmate to help them stick to a study schedule. The student gives the classmate permission to call them to account if they are wandering around chatting, taking too many breaks, or avoiding an assignment.
- A law student agrees to meet another law student at the library for several hours of individual study so that the appointment is incentive to show up and study instead of doing other things.
- A law student joins a study group that has a weekly agenda of review topics and practice questions that each member agrees to complete individually before the study group meets.
- A student calls a significant other or parent every evening and gives that person permission to ask what they accomplished that day in studying.
- A student uses one of the on-line time management programs to monitor use of time so that it is readily apparent how much time was used for studying versus breaks and other tasks.
Most students do not want to disappoint others even though they regularly disappoint themselves on study tasks. If accountability provides the initial way for a student to break bad habits regarding starting or completing study tasks, then the law student should take advantage of the willingness of others to help them stay on track. In time, studying will hopefully become a matter of self-discipline. All of them will need self-discipline in practice! (Amy Jarmon)
Saturday, September 8, 2012
Reading cases takes up major blocks of time in a student's schedule. Students want to become more efficient and effective in their reading, but often do not know how because they are missing some important bits of information about the task. Here are some things that I try to point out:
- Initially as 1Ls, students will take forever to read cases - even relatively short ones - because they do not have legal context, vocabulary, and awareness of what is important. By the end of the first month of law school, however, they should see their reading times begin to come down. By second semester, they should be faster still.
- There are two reasons for reading cases. One reason is to gain an in-depth understanding of the case itself. The second is to understand how the case relates to the topic and to other cases within the topic. Both aspects need to be completed if the reading time is going to be worthwhile.
- Cases are often edited for a specific use in a casebook. At times what is edited out may cause confusion for the student reader because they do not readily understand the remaining material because of a lack of context and legal experience. Consequently, three good reads should be the limit. Then put a question mark in the margin next to the confusing section and continue reading.
- Cases are written for legal professionals and not for law students. Attorneys have experience and legal context that make cases easier to understand. Some things will not make sense to the student reader until class discussion.
- Not all cases are equal in density or importance. One case may contain multiple rules plus definitions of elements plus policy arguments. Another case may contain an exception to a rule. Yet another case may contain a definition of an element. Although length often relates to complexity, even short cases can contain a great deal of law.
- Older cases may still be good law. Some older cases are assigned - even if the law is now outdated - to show how the law evolves over time. A law student has to learn how courts reason over time, how policy may change the law over time, and how the law today may be different in a few years.
Paying attention to class discussion and the professor's observations about cases helps the student learn what that professor considers important about cases. By being patient with themselves and not expecting competence immediately, new law students can improve their case understanding and decrease reading time over several weeks. (Amy Jarmon)
Thursday, September 6, 2012
A number of the 1L questions that I posted earlier are at least in part related to time management. Initially reading and briefing take so much time that 1Ls cannot comprehend how they will get done everything that they hear about: outline, review for exams, do practice questions, complete legal research and writing assignments, and more.
The answer is to have a routine that is repeated every week - do the same thing on the same day at the same time as much as possible. By having a standard schedule with study blocks for each task for each course, a law student can make sure that everything is getting done. A standard routine takes the guess work out of "What should I do next?"
Most new law students have never had to manage their time. They were able to get excellent grades with little effort. We know from national surveys that most of them did not study more than 20 hours per week in college and many of them studied far less. They could decide most days as they went along what they felt like doing. They could write papers at the last minute and get good grades. They rarely (if ever) studied on the weekends. And they got good grades while working and participating in leadership positions in numerous organizations.
Here are the basic steps for students who want to set up a study routine for the first time:
- Plan to spend 50-55 hours per week beyond class time for full-time studies and 35-40 hours per week for part-time studies.
- Initially set up a weekly schedule template with one-hour blocks from 6:00 a.m. to 1:00 a.m. The final schedule may not use all of these time slots, but the extra slots help when first building a schedule. Eliminate any hours in the template that are not used. in your final schedule.
- Label all task blocks in the schedule with the what the time is alloted for in the block (examples: read torts; read contracts; writing assignments; meal; sleep).
- Build a time management schedule in layers so that you can make conscious decisions as you put in each layer.
- Layer One: put in your classes and any weekly review sessions that your law school provides for 1L students.
- Layer Two: include 1/2 hour review either before your class or before bed the night before the class so you have seen the material twice; back-to-back classes would mean 1/2 hour for each class.
- Layer Three: decide when you will get up (at minimum so you can get to school for your first 1/2 hour review and class); get up at the same time Monday through Friday even if your class times change.
- Layer Four: decide when you will go to bed Sunday through Thursday nights to get a minimum of 7 hours of sleep (less and you are chronically sleep-deprived according to the medical research).
- Layer Five: include true commitments that are the same every week (dinner with Auntie Em on Wednesdays at 6:00 p.m.; religious service at 5:00 p.m. Saturdays; study group 2-4 p.m. on Fridays); do not include things that you want to do but have time flexibility for (exercise that is not an actual class time).
- Layer Six: estimate for each class how long it takes you to prepare for class for one day (reading, briefing, problem sets, etc.) for the longest or hardest assignments; if necessary, keep a log for a week so you can make more realistic estimates regarding the time blocks; schedule in your class preparation time - if possible, prepare for Monday and Tuesday classes over the weekend.
- Layer Seven: schedule 6-8 hours per week for any paper/project course; you decide which number and the increments (for example, 7 hours: 2 + 2 + 3).
- Layer Eight: add weekly time to outline for each doctrinal class; 1 - 1 1/2 hours depending on the difficulty of the course.
- Layer Nine: add exercise time, meals, down time, chores, and other miscellaneous tasks as they seem to fit logically in the schedule.
- Layer Ten: after you live with the schedule for 7-10 days, make any adjustments; allow more or less time for estimated blocks; move any task blocks to other days/times that work better.
- Layer Eleven: add time to review for exams (weekly read through of your entire outline; intense study of specific outline topics as though you had to walk into the exam; practice question time; memory drills).
Task blocks in the schedule can be moved up and down during the day if a task is completed earlier than expected. Task blocks can also be flipped between days if necessary. The task blocks are place markers to make sure that all study tasks are completed within the week. As long as all task blocks are completed, the student is on target and can have guilt-free down time. (Amy Jarmon)
Wednesday, August 22, 2012
New law students are now gracing our halls. Their faces hold a mixture of excitement and uneasiness. They want someone to tell them the ONE RIGHT WAY to read cases, brief, outline, and complete all of the other study tasks. They get inundated with lots of advice regarding how to get the best grades in law school from a myriad of sources.
By mid-September (if not sooner), I see them totally lose sight of some basics that make a huge difference in their ability to do well in law school. They seem to let their common sense fly out the window.
Here are 10 common sense tips that will allow a student to be successful:
- Get a minimum of 7-8 hours of sleep per night. You cannot learn and retain anything if your brain cells are not alert.
- Eat three nutritious meals a day - not caffeine, sugar, and junk food. You cannot learn and retain anything if your brain cells do not have nourishment.
- Exercise for at least 30-45 minutes three times a week. You can alleviate stress and sleep better with exercise.
- If you are sick, go to the doctor. You may not feel that you have time for a doctor's appointment, but you especially do not have time for an illness to drag on for weeks because you did not get the medication/treatment that you needed.
- Do not believe everything you hear on the grapevine. Law schools are fertile ground for rumors and gossip. If something you hear sounds outlandish or wrong, it probably is. If the item is important, check it out with a reliable source.
- Be patient with yourself. Law requires new ways of thinking, writing, and studying. You will need time to learn how to do those things well. Do not expect to get everything right initially. Even today's Olympic swimmers started in the shallow end.
- Compete with yourself rather than with everyone else. You cannot know how you will do in relation to your entire section, but you can know whether you are putting in your best efforts each day.
- Get assistance when you need it. Use the resources at your law school to help you succeed: professors, academic support personnel, tutors or teaching fellows, writing specialists, and the many others who will be willing to assist you.
- Stop wasting time. Limit the electronic distractions in your life: e-mail, twitter, facebook, texting, cell phone calls. Focus on studying and use these tasks as rewards after you get your work done.
- Treat others as you would want them to treat you. You do not have to be cut-throat competitive or a jerk to succeed in law school. Your classmates will be your future professional colleagues. You want them to refer clients to you, give you a thumbs up for a job at their firms, and remember you positively. Build a good reputation as an attorney starting now.
No matter how brilliant you may be, you still need to use common sense. I have seen too many law students falter because they ignored the basics. (Amy Jarmon)
Friday, July 27, 2012
Some of the returning students always ask my advice on what they can do to get ready for their academics and improve their grades for the coming year. Here are my suggestions - some of the items can be done this summer; others can be completed in the first few weeks:
- Sit down and evaluate your study habits from the previous year. Look at each aspect of law school: reading and briefing, note-taking in class, outlining, reviewing for exams, memorizing the law, taking fact-pattern-essay exams, taking multiple-choice exams, completing papers or projects. What were your strengths in studying and why? What were your weaknesses in studying and why?
- Decide which study habits to continue and which study habits to change. Meet with the academic success staff at your school if you need help with this evaluation of your studying or with brainstorming new strategies.
- If you have specific skill weaknesses, read a book about that skill to improve your understanding. Here are a few examples: Reading Like a Lawyer by Ruth Ann McKinney; The Five Types of Legal Argumentby Wilson Huhn; The Eight Secrets of Top Exam Performance in Law Schoolby Charles H. Whitebread. You can find a number of excellent books through Carolina Academic Press and other publishers.
- Start regimens now that are healthy and sensible. Get on a routine sleep schedule of 7-8 hours per night. Exercise at least three times a week for 30 minutes to an hour. Eat healthy meals. Do not let these routines disappear during the semester.
- If at all possible, relax for at least one week prior to the beginning of classes. You want to begin the semester with fully recharged batteries.
- Time yourself in each course for the entire first week to see how long it takes you to prepare for class (read, brief, complete problem sets). Then pick the longest block of time for each course and use that to set up your class preparation schedule.
- Schedule also regular time for other tasks each week: outlines, review of outlines, practice questions, research, writing, study group, and more.
- Read your course syllabi very carefully. Many professors include information that can help you get the best grades in the course: learning objectives, study aid recommendations, websites and other resources, study tips, and more.
- During the first month of school, review all exams from last semester for which you received a C+ or lower grade. By getting feedback from your professors on what you did well and what needs improvement, you can make the appropriate changes as you do practice questions for your next set of exams.
- If you were disappointed in your performance in a paper class last semester, ask the professor for tips on how you could improve your research and writing. Then use the feedback to improve on your papers this year.
Second and third years are somewhat easier because students have learned the basic skills needed for success in law school. However, both years bring new responsibilities with part-time work and student organizations. Time management and organization are going to be two key areas to work on to attain your best grades. (Amy Jarmon)
Thursday, March 8, 2012
It is time for law school spring breaks. This is our pre-break week; it is obvious that most of our students are already mentally away from the law school. The few focused students are the ones with a mid-term exam, paper deadline, or other assignment due date. My "no shows" for appointments and cancellations always increase during this week; they simply forget days and times.
Last week and this week have been consistently filled with appointments to plan the balance between study and play during their nine days away. Most of them cannot afford to take the entire time off because exams are 6 weeks away when they come back. Yet they do need to have some relaxation so that they return refreshed.
Here are some points that we cover in our discussions:
- What are all of the due dates that they have during the week before break and the week after break? We schedule the work required to meet any deadlines before they leave town. We list the other deadlines for consideration as we plan their study tasks while gone.
- What is their status on reading/briefing and outlining for each course? We prioritize any catching up that is needed. If possible, they complete that step before they leave. If not, they schedule it for the first study days during break.
- What is their status on any papers that must be completed for each course by the end of the semester? We look at these long-term research/writing projects to determine what steps remain. We look at any interim deadlines still outstanding for outlines, drafts, or other stages. Many students plan to do major work on these papers over the break.
- How much exam review have they already started for each course? We prioritize where they need the most work, next most work, etc.
- How many practice questions have they been able to complete already for each course? Again, we prioritize.
- What are their travel plans? We look at travel dates, mode of transportation, locations, and possibilities for studying. Listening to audio CD's is popular for students driving. Reviewing outlines or flashcards is popular with students flying. Other tasks on non-travel days will depend on their specific plans for the break.
- What portions of any day do they think they can study? Each day has three parts: morning, afternoon, and evening. Most students try to study at least two of those parts on the days when they can realistically do so. We consider when they can study and when they want to be with family/friends. Non-skiers study while the others are on the slopes. Students at home may study while their parents are at work or before the rest of the family gets up or after others go to bed. We also note any days that will not realistically include studying because of family plans.
- What tasks do they want to assign tentatively to each study block? Some students like to spend the day on one course. Other students like to divide their time among two or three courses. Some students want to mix up the tasks for one course: intense exam review, practice questions, making flashcards, or other tasks. Paper or assignment tasks also fill in slots.
- What tasks do they want to list for any unexpected smaller blocks of study time that emerge? By listing a few tasks that might work for extra time that is found, they will not waste those times. Examples of such tasks are reading through an outline for a course, working with flashcards, or doing practice questions.
- When will they complete their reading for the first class days on their return? Sometimes students forget to schedule when they will read and brief for the Monday after Spring Break. If they can get reading done for Tuesday classes as well, the beginning of classes will be less difficult for them.
We lay out the spring break schedule on a monthly calendar template so that they have a schedule to take with them. By having a plan, they are more likely to accomplish their goals. Within the plan they can move tasks to different days/times as they wish. (Amy Jarmon)
Wednesday, March 7, 2012
It is easy to assume that we can accomplish nothing important in small chunks of time. It is human nature to waste time increments that are under an hour, and especially under 30 minutes. We feel we acquire permission automatically to take breaks, chat with friends, mindlessly surf the web, or complete any other leisurely task in such time blocks.
However, if one seriously follows this line of thought, it is very easy to waste enormous amounts of valuable time within a day. There are many tasks that can be completed in small amounts of time. It does not matter whether the windfall time occurs because a reading assignment was shorter than expected, class let out early, a ride showed up late, or there was merely a break between two scheduled classes. For students, using those chunks of time can be critical as exams approach.
Think about it. If you capture 1/2 hour per day for small study tasks for 7 days, you have found 3 1/2 extra study hours during the week. If you capture 3 slots during the same day of 20 minutes that can be rearranged to end up consolidated together, you have an extra hour to study rather than taking 3 study breaks at separate times.
Here are some study tasks you can do in blocks of time under 30 minutes:
- Review the day's class notes for a course to fill in gaps, re-organize, and condense them as a pre-outlining step.
- Write down a list of questions that you need to ask a professor.
- Make several flashcards for a course.
- Quiz yourself from your flashcard deck.
- Complete 2 or 3 multiple-choice practice questions and read the answer explanations.
- Complete 3 or 4 CALI questions on a topic.
- Write out several rules or element definitions multiple times to help you memorize them.
- Talk with a classmate about a case or concept you did not understand.
- Make up hypothetical fact spin-offs to consider how a case rule would apply in another scenario.
- Stop by a professor's office to ask questions about the material.
- Edit several paragraphs of a paper.
- Add a subtopic to your outline.
- Review a subtopic in your outline.
- Sketch a preliminary flowchart or other visual to finish later.
- Make a "to do" list of tasks for the next day.
Please realize that I am not saying you should never take a break when you have windfall time. (Walking around outside or running a quick errand may be productive use of time rather than a study task.) Instead I am saying that you want to decide carefully how you will use small blocks of time. Do not just assume that you cannot accomplish something productive because you "only have a few minutes." (Amy Jarmon)
Wednesday, February 8, 2012
Now that you have settled into your courses, you want to consider which study aids might be most useful for each of your courses. As you try to decide about your purchases or loans from other students, think about the following items:
- Study aids cannot substitute for your own learning and understanding. You need to wrestle with the material and spend time at your studies. Merely reading a study aid does not automatically transfer to your knowing the material well.
- Look at your syllabus or talk with your professor about any recommended study aids for the course. A professor will often recommend a study aid that s/he feels matches the professor's version of a course and best covers the topics for your course.
- Avoid purchasing every study aid series out there for your course. You will only have time probably for one commentary (what the law is) and one practice question book (preferably to match the type of questions that will be on your professor's exam). Look through different series to decide which is right for you before purchasing.
- Match a study aid to your learning styles whenever possible. Students learn differently from one another. Your ways of learning should assist you in choosing study aids. Some students benefit from hornbook-style aids; some benefit from audio CD's; some benefit from more visual study aids. Processing styles make for other differences. Some students benefit from study aids that preview the material with introductions or from study aids that delve into policies and synthesis. Other students benefit from study aids that sequentially discuss the parts of a topic and include later summaries for the overview and synthesis. (You can modify the way you use the study aid's internal organization to match your own processing style in some circumstances.)
- Learn your professor's version of the course for the exam. Your professor will find the points more quickly if you use the professor's buzzwords, steps of analysis, statement of the rule, and answer format. In addition, your professor may take a different slant on a course; for example, the professor may be looking for policy discussion that a study aid never touched.
- Use a study aid approriately. A study aid will be more useful to clarify a confusing topic after you have initially done all of your own work on the topic (read, briefed, attended class, etc.) and made a good faith effort to sort out what you do and do not understand. A study aid is best used throughout the semester as you need more information rather than read at the very end of the semester.
- Remember that commercial study aids can be wrong, outdated, or not match your course. Study aids are usually written for a national audience and cover topics that may not be covered by your professor. Volumes that are older editions or have not been revised recently may not include important changes in the law. Study aids that are not written by experts in the area of law may contain errors. Your professor's course may have different emphases or topics included.
- Do not forget that your professor is a study aid with legs. Go in to ask questions when your professor has office hours. Ask your professor to assist you if you are confused after making a good faith effort to learn the material. Talk with your professor about study strategies that might help you understand the course better.
Study aids are there to supplement your own work. They are not bound equivalents of magic wands. Use them wisely, and you can gain deeper understanding of topics. Practice questions can be especially useful in monitoring your understanding and application. (Amy Jarmon)
Tuesday, November 29, 2011
Students and ASP professionals are always looking for ways to turn information into visuals. There are several products that provide free trials of their software. With the one exception noted, you will lose your work after the 30-day period unless you purchase the software. So, print out what you make before your trial period ends if you are not going to purchase the software.
SmartDraw: www.smartdraw.com; free download (doesn't say how long the trial lasts)
NovaMind5: www.novamind.com; 30-day free trial
Inspiration: www.inspiration.com; 30-day free trial
The Brain: www.thebrain.com; 30-day free trial; will be able to access Personal Brain software after 30 days, but cannot edit or make new graphic organizers - the features in the purchased product are amazing, but this one is probably not within most student budgets.
Have fun making your graphic organizers for exam study and workshop presentations. (Amy Jarmon)
Saturday, November 12, 2011
Law students try at times to substitute memorization of the black letter law for actual understanding of their course material. They are then surprised that they receive grades in the "C" range in return for their efforts.
The focus on memorization is a leftover from many undergraduate courses where the professor just wanted students to regurgitate information on a page for an "A" grade. The difference in law school is that students have to go beyond mere memorization. Memorizing the rules, exceptions to rules, methodologies, policy arguments, and so forth is essential to a good grade in law school; but memorization is just the beginning of the learning process rather than the end goal.
Lawyers in essence are problem solvers. They are confronted with client problems that they must solve either by prior knowledge or through research. The easy questions are dealt with fairly quickly. The hard questions are the ones that consume their days and our court system. To problem solve, lawyers must understand the law and how to apply it to legal scenarios.
Law students must also be able to problem solve. On their exams, they are faced with new legal scenarios that they must analyze. To do so effectively, they need to understand the law that applies to the situation and explain their analysis in detail. Yes, they need to have memorized the law so that they can state it accurately. But without understanding they will be able to apply it only superficially.
Memorization is the start. Understanding is the key. Application is the reward. (Amy Jarmon)
Thursday, November 10, 2011
As the stress and anxiety of preparing for exams increase, some law students seem to go into overdrive on their procrastinating. Rather than motivating them to knuckle down and study, their stress and anxiety are causing them to turn their habit of procrastinating into mega-procrastination.
Here are the favorite ways of procrastinating that I am seeing among my law students right now:
- Shopping on-line for hours with or without actually purchasing something.
- Talking on the cell phone endlessly about trivial matters.
- Spending hours reading and replying to e-mails - especially the ones with cartoons, You Tube videos, chain e-mails, stories, and jokes.
- Spending hours on Facebook and Twitter.
- Playing endless games of Spider Solitaire to beat their old record.
- Playing endless hours of Internet games so they can play with their on-line gaming friends.
- Watching whatever there is on TV that is mindless and unexceptional.
- Watching multiple re-runs of sitcom episodes they have already seen multiple times.
- Watching endless news coverage (so they can feel righteous about being well-informed).
- Watching whatever sensational trial is currently in the headlines (so they can pretend to be doing something law-related and productive).
- Sitting in the student lounge talking with friends and drinking coffee.
- Sitting in a "study group" talking endlessly about the latest law school gossip.
- Running lots of errands (so they can claim to be doing a lot when they fritter away time).
- Taking three-hour naps each day.
- Sleeping in until noon or 1:00 p.m. each weekend day.
How do you stop procrastinating?
- Remove yourself from the environment where you procrastinate and find another location to study.
- Turn off or leave elsewhere your laptop, cell phone, or other electronic distractions.
- Unplug the TV and put it in the closet until exams are over.
- Do not study on your bed or the recliner/couch where you are tempted to nap.
- Get 7 hours of sleep minimum at night with a regular bedtime and wake-up time so that you do not need naps or late sleep-ins.
- Batch your errands and run them once during the week.
- Use the student lounge for lunch and the occasional break rather than live there.
- Avoid study groups that are merely social events with a pseudo-academic name.
- Allow yourself to answer e-mails, watch TV, make phone calls only at scheduled times once or twice a day - and then only as rewards for having completed your studying.
- Break tasks into very small pieces so that you can convince yourself to get started. Beginning is always the hardest part.
- Make a list of small tasks and subtopics for each course so that you can cross-off tasks as you complete them and see your progress.
- Set up breaks as rewards for getting work done.
As you see progress on your small tasks, you will begin to feel better about yourself. As you cross more and more tasks off your list, you will have less stress and anxiety. (Amy Jarmon)
Thursday, November 3, 2011
This time in the semester is difficult for a lot of students because they are running low on energy. On the one hand, the semester seems like it has been lasting forever; on the other hand, exams are just around the corner. Now is the time when students often depend on caffeine and sugar to get them through the week. However, those two roads often lead to crashes, jitters, and cravings.
Here are some healthier ways to get an energy boost:
- Walk around the building twice - outside if the weather is nice where you are located; inside if not - and breathe deeply and swing your arms.
- Take a power nap of no more than 30 minutes - longer will make you groggy.
- Spend 15 minutes doing relaxation exercises such as gentle neck stretches, ankle rotations, deep breathing.
- Laugh. Tell a story or joke. Remember a funny incident from your childhood. Read the comics.
- Read some inspirational quotes or scriptures.
- Do several random, small acts of kindness for other people.
- Drink water with lots of ice in it.
- Eat a piece of fruit: apple, banana, grapes, raisins.
- Eat a handful of nuts: almonds, walnuts, and pecans.
- Eat a granola bar.
Whenever you hit a slump in your energy level during the day, choose one or two of these quick fixes to get back on top. (Amy Jarmon)
Wednesday, November 2, 2011
Thanksgiving approaches. Time for students to commit their study plans to writing! Here are my recommendations for students who want to prepare for exams AND enjoy their families and friends during a (partially) relaxed Thanksgiving break.
For each course, set target dates for completion of your outline (course summary), early completion of your briefing for class, and the number of practice exam questions you intend to answer. Thanksgiving Day is Thursday, November 24, 2011. Usually, law schools have no classes on the day before, Wednesday, November 23. Reading week and exams follow shortly after the semester resumes.
For many students, time with family and friends is too important to neglect at this time of year. Plan to relax! Writing out your detailed study schedule before November (then sticking to it) will allow you to relax, because you will see the relaxation as PART of the study plan instead of interference with it.
Example for Contracts class:
A. Outline completed by November 14.
B. All cases briefed for class by November 16.
C. 50 MBE questions answered by November 22.
D. 50 single-issue essay questions answered in writing by November 24.
E. 20 one-hour essay questions answered in outline form before reading week.
F. 15 one-hour essay questions answered under exam conditions by 3 days before exam date.
The next step is to break each of those (A through F) down into components. How many hours per week/day do you realistically estimate it will take you to complete your outline, and to brief the cases ahead of the class schedule? Spread those hours out on your daily calendar.
Do the same for the questions you intend to answer, including notes as to the source of the questions. You can start gathering questions today. Here's an idea: exchange questions with your study group, to share the burden of finding questions that address the issues you need to focus on.
Do this for each class, and you'll see that you have enough time between now and the date of each exam to prepare fully, so that you can enter the exam room with well-deserved confidence!
Look in your law library for an old issue of Student Lawyer Magazine, an American Bar Association publication ... Volume 33, Number 7, dated March 2005, includes an article I wrote entitled, "A Plan for Your Exams." The article provides a more detailed explanation of this exam study plan! (djt)
Monday, October 10, 2011
Many students never read the syllabi for their courses. I have discovered both in teaching my three elective law classes and in talking with law students about academic success. Not only do they not read syllabi as a natural tendency, but they often don't even read them after prompted to do so by the professors.
My syllabus always includes course objectives for the course, the learning outcomes for the course, details on attendance and participation, details on the graded assignments, details on the final, tips for success in the course, reading assignments, and the usual university/law school policies: accommodations, attendance, religious holidays, cell phones. In short, I try to include everything that my students need to know about what they will be learning, how to succeed in that learning, and how they will be assessed.
Like many of my colleagues, I give my students a "tour" of the syllabus the first day of class. I point out the highlights and ask them to read the syllabus in detail before the next class. I tell them that I will take questions on the syllabus at the beginning of the class. There are rarely any questions.
Yet over the semester, I will repeatedly get questions from my students on things that were in the syllabus. The questioner will often start with "I was wondering if you could tell me" or "a group of us were wondering about" or "when will you tell us about."
In my academic success work, I regularly ask students questions about their final exam formats or project details or weighting of grades. Sometimes they will not know the information because the professor has not supplied any information. However, most often it is because they never read the syllabus.
When we look at the syllabus (often carefully filed in the front of their class folder or binder), we discover lots of useful information. They often looked surprised (and a bit sheepish) when we find each informational point that we need to strategize how to do well in the course.
Here are some things in many syllabi that can help students plan their studying and exam strategies:
- What is the range of pages for reading assignments during the semester? This information allows the student to build a routine time management schedule for reading and briefing for a course with a more realistic estimate for the amount of time.
- What are the deadlines or other dates important to the course? Any dates for paper outlines or drafts, assignments, midterms, or other items should immediately go into a daily planner or monthly calendar. Now the student is ready to "work backwards" to include the steps or study topics that must be completed to meet that deadline.
- What details are given about the papers, projects, or other assignments? The information in the syllabus will alert students to page-lengths of papers, group or individual participation on projects, possible re-write opportunities, Honor Code warnings, or other information that helps the student accurately gauge the assignment difficulty and logistics.
- What weighting is given to each graded portion of the class? If participation is 20% of a seminar grade, then the student better start participating! If the mid-term is 50% of the grade, then the student should take studying for it equally serious as the 50% final exam. If the advanced writing requirement paper must be of "B or higher" quality, then the student needs to distribute enough time throughout the semester to guarantee reaching that standard.
- Does the professor recommend any study aids or other supplements for the course? Any recommendation is likely to be a study aid that matches the course content and is considered reliable. Although the student may use other study aids as well, the professor's recommendation should be "a first stop."
- What will the exam formats be? Whether essay, multiple-choice, true-false, short answer, or some combination, the format tells the students the type of practice questions to do throughout the semester in preparation for the exam.
- Does the professor give any additional study tips for the course? Professors often know the pitfalls for students and make suggestions to assist them.
A careful read of the syllabus at the beginning of the semester can garner valuable information for the student. Misunderstandings of the expectations and requirements can be easily avoided. (Amy Jarmon)
Saturday, October 8, 2011
I just received a review copy of Barry Friedman and John CP Goldberg's Open Book, Succeeding on Exams from the First Day of Law School. While I have not had the chance to read the book closely, my first impression is that this is a book we will be seeing a lot in ASP. It is relatively short (180 pages) and uses cartoons and humor throughout. The structure of the book is clear; I can flip to the table of contents to find chapters on specific topics (IRACing, outlining, etc) without having to search. It starts with an introduction on how to use the book, which is especially useful, since most students do not know how to use exam skills books.
There are many good ASP books out there, but I think this one will get added to the pile I use and recommend to students. (RCF)
Saturday, August 6, 2011
Warning: this post is too long. Can we blame it on Amy? Thanks. Writing about stress a few days ago, Amy Jarmon suggested that our law students need to learn how to manage stress early in their careers. Hoorah, Amy! Yes, “…early in their careers…” is now.
If there is one universal and outstanding surprise to the new academic support professional it is this: it’s not all about showing students how to brief cases, read like lawyers, or handle study groups. There’s SO much more to academic support than that. I have had colleagues who (sort of) complained that they didn’t have enough time to get to the core skills (reading, briefing, note-taking, etc.) because they were inundated with requests – overt or subtle – to help cope with the meta-skills of handling time and stress.
Even more surprising (and here, I certainly include me as a surprisee in the first few years of academic supporting) is the fact that so many students honestly believe the road to success in law school is paved with formats for briefing, IRAC structures for exam writing, speed-reading techniques, quick and efficient course outline production methods, and fail-safe study strategies. Yup, those are important topics to cover. But they’re worthless if one does not (borrowing from Amy’s list) . . .
- Manage time carefully. Every student in this incoming first-year class has exactly one thing in common: 168 hours to use to his or her best advantage each week. If a student spends 8 hours each night sleeping – almost essential for most, and the first time rule to be broken by nearly every first-year student – that leaves 112 for studying law and handling the “other parts” of life. If one were to work a 65-hour week at law (not unlike many lawyers), that would leave 47 hours for exercise, church, shopping, cooking, eating, entertainment, _____, _____, and friends & family time. (Two blanks is enough, don’t you think?) Not bad. When you break the individual tasks associated with being a great law student down into their chunks, you can usually show students how 65 (okay, 70?) hours ought to be more than enough time to get the job done very well. More than forty hours completely away from the law is essential each week to maintain recognizable sanity. If students can learn to work within a framework similar to that, many of the time management issues will resolve.
- Recognize and minimize procrastination. I advise students to put off thinking about procrastination.
- Follow optimal sleep, exercise, and nutrition routines. Can you imagine hiring a lawyer who never slept a full night’s sleep, seldom left the office chair, and (remember: you are what you eat) lived on a diet of beer and junk food? Good luck I hope your lawyer isn’t representing you for anything important.
- Keep in touch with friends and family. Duh. Those who have loved you and supported you much or all of your life … uh, let’s see … could contact with them possibly help keep your head screwed on straight? But there’s more to it than that. The non-law-oriented spouse or significant other of a law student is in for some tough times. And the last one to notice the “change” in the law student’s behavior is (guess who) the law student. So all law students who have many hours of contact per week with someone who loves them but does not necessarily love the law need to receive some pretty strong advice about how to relate … and the non-student half of that equation needs a support group of some type as well (“No,” I have told some unfortunate adults in that position, “it’s not just you, and it’s not just her … it’s … it’s … well, it’s bigger than both of you – but you can handle it. You just need to know what to expect and how to get the job done. Love works.” (Sorry, I sometimes get carried away.)
- Talk to someone about the stress. Too many students find that most qualified people to talk to about stress is (either or both) their bartender or their equally stressed law student friends. Too few visit their Dean of Students, Academic Support professionals, law-school savvy psychologists, or other professionals who can support them and/or refer them. They need the way to these offices highlighted … like those little lights that the flight attendant promises will come on in case of an emergency to show you the way to the emergency exists. (Unfortunately, taping those yellow paper footprints to the corridor carpets is frowned upon by the Dean, and seldom works anyway.)
Help students realize that the “practice” of law begins near Orientation day. Help them (perhaps through a guest speaker or two at Orientation or soon after) realize that the pressures and stresses of law school (generally) pale when compared with those of the professional practice. “What you are practicing, students,” they need to know, “is less about how to revise a contract, and more about how to balance/juggle thirty things that need to be done during a day – with no possibility of ‘forgiveness’ if they are not all completed, and completed at your highest level of capability.” Would you hire a lawyer who settled for less?
Does this suggest that a trip to the gym for a 30-minute swim or a one-hour yoga class is more important than an hour in the library briefing a couple of torts cases? Not really … but it sure is meant to suggest that either one without the other will not lead to a student’s performance at his or her highest level of competence.
Teaching time and stress management ought to be a high priority in every academic support program. If the professionals in the department can’t teach it … by talk, by counseling, and most of all, by example … they ought to bring in those who can as guests. But … as you well know … he/she who is most stressed has no time to attend that guest presentation. And if you don’t believe that, stop by the cafeteria or the local pub later in the day and he or she will tell you.
We are not obliged to make every law student the best law student that person can be. But I think we are obliged to try as hard as we can to do just that. Your thoughts? (djt)
Tuesday, June 28, 2011
We have all heard it announced during law school orientation programs that law school is not like any other educational experience. We have all heard someone (or multiple people) tell the new students that it will be harder than anything they have done in prior education, that they will need to work harder than ever before, and much more.
There seem to be several reactions to these types of statements. Some students over-react by becoming very anxious, doubting their ability to succeed, and working themselves to the point of exhaustion. Some students under-react by assuming that the warnings only apply to everyone else in the room. Some students take the warnings to heart, react appropriately by learning the differences, and seek ways to study effectively for law school.
I think warning statements during orientation programs are ineffective with many students because the warnings do not include information on why law school is so different and why they will need to work harder. Without more information students are considering the statements in a vacuum.
Most new first-year students do not realize some of the items in the following list. They might be more likely to heed warnings about their upcoming experience with this information available.
Active learning is required instead of passive learning. Many incoming law students have come from educational environments that did not encourage them to be engaged learners. They attended lectures delineating everything that would be on the exam, and they were merely expected to regurgitate it for an A grade. Textbooks included all of the material for the course with little need for critical thinking or synthesis. Few writing assignments were long enough to require students to go beyond the obvious.
One grade is the norm rather than multiple grades in a course. Most college courses provided for multiple test or assignment grades. Grades addressed smaller chunks of material within the course rather than being comprehensive. With grades addressing manageable chunks, it was possible to cram for a few days before an exam or start an assignment right before the due date and still get a high grade. However, when one final exam grade covers 15 weeks of material, cramming no longer works. A paper that is expected to meet a legal standard of excellence cannot be written right before it is due. In addition, the anxiety level of the student increases because so much rides on the exam or paper.
"It depends" is the response rather than finding the right answer to a question. Many undergraduates study disciplines that have a correct answer as the goal. The easy cases in law never get to court. Law students are often surprised by the "it depends" nature of the law. They become frustrated with arguing both sides, looking for nuances in the law, and being uncertain of a final right outcome. In the very different world of legal analysis, they become disoriented and discouraged without the security of the "right answer" to comfort them.
Professors expect them to learn the basics before class and continue to analyze material after class. Many professors give guidance the first couple of weeks so that students learn how to read and brief cases for their particular courses. After that initial period, however, students are expected to analyze the cases and understand the basics before class. Professsors then begin to focus class time on more advanced discussion of the cases, the nuances in the law, and increasingly difficult hypotheticals. It is not uncommon for them to walk out of class without the answers to the hypotheticals discussed. Students may not be accustomed to having responsibility for learning material on their own. Many of them have only had to learn what was directly taught to them during all-encompassing lectures.
Learning the law is only the beginning and not the end of the process. Many first-year students misunderstand the place of black letter law in legal analysis. They think that memorizing the law will by itself give them an A grade. They do not understand that they must know the law, but then will need to be able to apply it to new facts on the exam. They must be able to issue spot, state the law, apply it to the facts through arguing for both parties, appropriately use policy, and draw conclusions. The application or analysis will give them the bulk of the points that they need.
Law school requires many more hours of studying outside of class. Many new law students only studied 10 - 20 hours per week outside of class during their undergraduate studies. They do not understand that law school will take far more hours if they want to get their best grades. 50 to 55 hours per week outside of class is typically required for A and B grades at most law schools. Many new students think reading and briefing are all they have to do regularly in addition to any legal writing assignments. They do not understand the necessity for regular outlining and review for exams. They think a few practice questions near the end will suffice.
If new law students can absorb these differences and truly understand them early in their studies, they will have greater incentive to take the warnings to heart. By learning how to study efficiently and effectively from the start, they can excel in law school with less stress. Unfortunately, many students will not take advantage of the services through their academic support offices and instead depend on past study habits or bad advice from upper-division students. The differences between law school and undergraduate education can be overcome most easily if new 1L students seek advice from the academic support professionals either individually or through workshops, podcasts, and other methods of dissemination of information at their law schools. (Amy Jarmon)
Wednesday, April 20, 2011
Helpful tips for students:
1) We learn better from re-working the material.
This piece of gold is hidden on the second page of the article. It's saying what we have said in ASP for ages; reading a canned outline, or memorizing the outline of a 2L who booked the course, will not increase learning. Re-working your own notes into an outline will help you learn the material.
2) Try one of the unusual font types for your outline.
"Think of it this way, you can’t skim material in a hard to read font, so putting text in a hard-to-read font will force you to read more carefully"
3) We overestimate our own ability.
One of the great lessons from law school exams: if you feel like you nailed it, you probably didn't. The material you are being asked to learn and apply on a law school exam is difficult and complicated. The majority of exams you will encounter as a law student have more complications and nuanced issues than you have time to answer. You should feel as if you didn't hit everything. If you feel like you knew everything on the exam, you probably oversimplified the issues.
4) We all take shortcuts. We all forget we take shortcuts.
Students should always take practice exams before finals. Actually taking the exam is important. Many students will read the fact pattern, "answer it in their head" or take a couple of notes, and then read the model answer. This is more harmful than helpful. Students will unconsciously overestimate what they understood if they have not taken the test and written a complete answer. This gives them a false sense of confidence. Students need to take a cold, hard look at what they understood and what they missed. the best strategy is to take the practice test under timed conditions with a study group, and correct answers as a group. This gives students a chance to discuss what they did not understand. It's easy to lie to ourselves, it's harder to lie to a group.
Summary of the article:
"Concentrating harder. Making outlines from scratch. Working through problem sets without glancing at the answers. And studying with classmates who test one another." These are the keys to learning more efficiently and effectively. (RCF)
Thursday, April 7, 2011
A common theme in my discussion with students this week is that there are not enough hours in the day. Many of them are starting to get stressed over the amount of work to fit into the amount of time left in the semester.
Part of the problem is that they are trying to juggled end-of-the-semester assignments and papers with ongoing daily tasks and review for final exams. It can seem overwhelming if one does not use good time management skills.
Here are some tips:
- Realize that you control your time. With intentional behavior, a student can take control of the remainder of the semester rather than feeling as though it is a roller coaster ride. Make time for what really matters.
- Work for progress in every course. If one focuses on one course to the detriment of the other courses, it creates a cycle of catch-up and stress. A brief might be due in legal writing, but that should not mean dropping everything else for one or two weeks. Space out work on a major assignment over the days available and continue with daily work in all other courses.
- Use small pockets of time for small tasks. Even 15 minutes can be used effectively! Small amounts of time are useful for memory drills with flashcards or through rule recitation out loud. 20 minutes can be used to review class notes and begin to condense the material for an outline. 30 minutes can be used for a few multiple-choice practice questions or to review a sub-topic for a course.
- Capture wasted time and consolidate it. Students often waste up to an hour at a time chatting with friends, playing computer games, watching You Tube, answering unimportant e-mails, and more. Look for time that can be used more productively. If several wasted blocks of time during a day can be re-captured and consolidated into a longer block, a great deal can be accomplished! For example, reading for class can often be shifted in the day to capture several separate, wasted 30-minute slots and consolidate them into another block of perhaps 1 1/2 hours.
- Use windfall time well. It is not unusual in a day to benefit from unexpected blocks of time that could be used. A ride is late. A professor lets the class out early. A study group meets for less time than expected. An appointment with a professor is shorter than scheduled. Rather than consider the time as free time, use it for a study task.
- Realize the power of salvaged blocks of time. If a student captures 1/2 hour of study time a day, that is 3 1/2 extra hours per week. An hour per day adds up to 7 hours per week. Time suddenly is there that seemed to be unavailable.
- Break down exam review into sub-topics. You may not be able to find time to review the entire topic of adverse possession intensely, but you can likely find time to review its first element intensely. By avoiding the "all or nothing mentality" in exam review, progress is made in smaller increments. It still gets the job done!
- Evaluate your priorities and use of time three times a day. Every morning look at your tasks for the day and evaluate the most effective and efficient ways to accomplish everything. Schedule when you will get things done during the day. Do the same thing at lunch time and make any necessary changes. Repeat the exercise at dinner time.
- Cut out the non-essentials in life. Save shopping for shoes for that August wedding (unless perhaps you are the bride) until after exams. Stock up on non-perishable food staples now rather than shop for them every week. Run errands in a group now and get it over with to allow concentrating on studies for the rest of the semester.
- Exercise in appropriate amounts. If you are an exercise fanatic spending more than 7 hours a week on workouts, it is time to re-prioritize. You may have the best abs among law students at your school, but you need to workout your brain cells at this point in the semester.
- Boost your brain power in the time you have. Sleep at least 7 hours a night. Eat nutritional meals. Your brain cells will be able to do the academic heavy lifting in less time if you do these simple things.
So, take a deep breath. Take control of your time. And good luck with the remainder of the semester. (Amy Jarmon)