Thursday, November 21, 2013
Sometimes, timing is everything. Law students need to learn to use their time wisely to effectively manage the demands of law school while balancing jobs, families, and self-care. Being at the right place at the right time makes a significant difference for law students who are networking for job opportunities and seeking support systems. Also, timing and pacing during a final exam (or the bar exam) can mean the difference between a passing grade and a failing one. In this post, I have referenced song lyrics that incorporate the theme of time while relating them to the law school experience.
“If I could save time in a bottle…” I know I may be dating myself with this one, but I had to begin with this classic line from Jim Croce’s hit love song “Time in a Bottle”. Ask your students what they would do if they could save time in a bottle. Are they making the most of each moment? Are they being intentional with how they plan their schedules, spend their time, and balance their commitments? We all want more time (especially law students), but instead of focusing on the lack of time we have, highlight ways to use time more efficiently and encourage your students to be present when free moments avail themselves.
“I’ve got too much time on my hands…” This classic rock song by Styx was written as a reflection on the unemployment crisis in the 70’s. The underlying theme in the lyrics rings true in many respects for today’s law students. They are worried about their careers, finding a job, and performing well on exams. They may not be able to tighten their focus when they actually do find that they have “time on their hands." Time management does not always come naturally. Providing students with tools and resources to help them manage their time will help them prioritize, use their free time wisely, and establish effective routines.
Similar to the melancholy quality of Styx’s lyrics, Otis Redding hits a few low notes when he croons about… “sitting on the dock of the bay…wasting time….” Students sometimes sit and feel like they cannot catch a break. Redding’s hit resonates with students who are feeling like they have left the life they knew only to find that law school is challenging, competitive, and sometimes disappointing. When they feel like “nothing's gonna change”, we step in to give them hope. Providing the tools for success to law students empowers them to make necessary changes to ensure their success. Especially at the close of the semester, we need to recognize that law students are exhausted, overloaded, and feeling lost. As Cyndi Lauper so aptly sings in “Time After Time”, when law students "are lost, they turn and they will find [us]", Academic Support Professionals. We catch them and lift them back up.
After exams or a when facing a rough patch during the semester, students may need to turn to ASP for this lift or for help with creating a new plan for their upcoming semester. If their study strategies or exam performance are subpar, they begin humming, “If I could turn back time” (with Cher’s iconic diva-ness echoing in their minds). Reflecting on study habits, legal analysis skills, and exam performance are key components to succeeding in law school. Everyone has moments in their past that they wish they could replay (or delete). Using these moments as opportunities for growth instead of moments of failure, helps students see beyond their initial shock, shame, or disappointment.
Like the Stones, we want our students to sing (and feel) that "time is on my side, yes it is...." While this may not always be realistic, there are many ways to get closer to that dream. Here are a few ideas:
- Create sample study schedules for your students
- Give them calendars and checklists to help them plan their time
- Ask them to keep a journal that tracks how they use their time during a typical day or week and then ask them to reflect on their time management
- Provide a time management workshop or webinar
- Have them draft a to do list at the start of each day and evaluate their progress at the end of each day
- Pair 1L students up with a 2L or 3L mentor to discuss how to effectively schedule their time
- Challenge students to unplug for a block of time each day (This is a good one for all of us!)
- Teach students the art of delegation
- Encourage students to take time each day to recharge.
By establishing routine time management practices, students will feel more balanced and be more productive. Because as Pete Seeger so aptly wrote, there is "a time to weep, and a time to laugh; a time to mourn, and a time to dance." We should all spend more time dancing.
Friday, November 8, 2013
For the past several years, every student that found themselves in academic jeopardy told me that they hadn't done any practice questions. Consequently, this year I have been hammering them with constant exhortations to "Do practice questions! Do them early, do them often!" Of course, questions from their profs are the best, but if those are not available, they should look at commercial outlines, other profs, or bar materials.
But what to do with the questions? Besides valuable practice and insight into how a question may be asked (because, in the grand scheme of things, there are only so many scenario variations an exam can have -- for example, a Contracts exam would have to have someone offer someone something, a Torts exam would have to have someone behave negligently in some way), perhaps one of the most helpful things practice questions can do is to help create a "Monster List."
When I was in law school and taking the bar exam, I used to do practice questions for a course and then go over my answers, both right and wrong, and write out on a legal pad all the points of law I didn't know -- something like, "1. Person called 'Evil person' -- circumstantial evidence, does not assert person committed crime, 2. Reputation can be hearsay, 3. Dying declaration applies in civil case or homicide prosecution and statement must concern the cause or circumstances of impending death." I would continue to add to and study this list as I went along, and it would be the last thing I looked at before I sat for the exam.
I had a lot of success with this, and I have seen many students do so as well. In fact, for some students, it becomes the "Attack Outline" that they go into exams with. (Alex Ruskell)
Sunday, November 3, 2013
Here are a few more study tips from students and others:
- Consider putting your outlines on your Kindle for ease in carrying them with you - especially if you are leaving for the Thanksgiving Break.
- For first-year courses, you might want to consider purchasing the maps at picjur.com: Torts, Contracts, Civil Procedure, and Criminal Law are all available in visual versions.
- If you rather listen to text rather than read it, you might want to consider two options: Dictation and Speech for Macs reads text that can be converted with iTunes for your iPhone; Outlines Outloud is an app that syncs your computer outlines with your iPhone for listening.
- Check out the website for the Board of Law Examiners in your state to see if they post old exam questions for your state-specific courses; practice questions are sometimes hard to find for state-specific topics, and old bar questions can be a plus.
- Remember to check your own law school's exam database for past exams in a course; even if they are for a different professor, the exams may provide good practice questions.
- Use a table to help you easily see the variations of the same rule (common law, restatement, uniform code, majority jurisdiction, minority jurisdiction, etc.) that you have to learn for an exam.
Exploring solutions that others have already found successful saves you time at a critical point in the semester. (Amy Jarmon)
Thursday, October 31, 2013
Along with decorative gourds and tiny sociopaths demanding candy, the end of October brings an uptick in study group formation as we get closer to finals (I saw what looked like three new ones in the lobby on my way into work).
Several years ago, this annual rite resulted in some major kerfluffles, ados, and foofaraws -- so-and-so is cheating on one group with another, so-and-so doesn't do any work, s0-and-so always brings an enormous bag of potato chips, so-and-so's non-lawyer biker boyfriend enjoys attending -- and everyone ended up in my office for advice on how to work things out.
In response, I found an earlier posting from Amy Jarmon about the things study groups need to keep in mind, and I turned it into an actual contract, which I printed out and passed around to the First Year class.
A few days later, I saw several completed and signed contracts sticking out of bookbags, books, and binders, and all the complaining stopped. Since that time, I have mentioned the contract (repeatedly) and the concerns and complaints disappeared.
Many, many thanks to Amy, and below is the contract (Alex Ruskell) --
non in legendo sed in intelligendo legis consistent
STUDY GROUP CONTRACT
1. New members will be added only if _____ members agree.
2. New members will not be added after _________ (a certain point in the semester).
3. A member may/may not belong to more than one study group as long as all members are informed of the decision to do so.
4. A member will not be “fired” unless:
A. The group has talked with the person about problem behaviors (eg. argumentativeness, slacking on commitments, lateness, dominating the group discussions, etc.).
B. The person has had ____ chances to improve on the problem behavior after discussion.
C. The group unanimously agrees that the member will be told to leave and as group discusses the decision with the member.
5. A member who decides to leave the study group must tell the other members that he or she intends to do so and not just “disappear.”
6. The study group will have a rotating facilitator who is responsible for setting the agenda and keeping the group on track each week. The order will be: _________________, ___________________________, ______________________.
7. The study group will meet ________ times per week at _______________________.
8. Study group members may/may not bring food -- certain types of food are banned: ________________________.
9. Each member is to show respect for other members and their opinions.
10. All materials developed by the study group together are not to be shared outside the group unless __________________of the members agree.
11. All matters discussed in the study group are to be confidential and are not to be used for “gossip.” (The exception would be if the group is concerned about the physical or mental well-being of a member so that the appropriate action would be to talk to a dean, counselor, etc.)
12. Study aids purchased jointly should be equally available for use as a matter of courtesy. If the group agrees to share study aids purchased by individuals, then rules may be needed.
Wednesday, October 30, 2013
Most of our law schools have only 5 or 6 weeks of class left in the semester. Students are starting to get overwhelmed at how much they have left to study before they will be ready for finals. They are also horrified at how many steps need to be completed before their paper deadlines.
I find that some students are so overwhelmed that they make very poor decisions about managing their studies. Because much of what I advise students is based on common sense and tried and true techniques, they are often surprised at fairly simple solutions and ask "Why didn't I think of that?"
They did not think of the solutions because they are in the midst of the situation and cannot view things objectively! If you are panicky over the quicksand all around you that is sucking you under, you may indeed overlook the jungle vine immediately above your head.
You cannot control how much more material your professor will cover. You cannot control the questions on the exam. You cannot control usually when your exams are scheduled.
But there is a great deal that you can control. You can control how you distribute your study time among courses. You can control the study strategies that you use. You can control your daily use of time.
Have a plan for the remaining weeks.
- Make a list for each course of all of the topics and subtopics that must be learned for the final exam. This list gives you the skeleton outline for the review needed for the exam.
- The lists will be long because they focus on subtopics. It takes far less time, however, to learn a subtopic than an entire topic. Progress can be made more quickly by focusing on subtopics in the list than trying to complete an entire topic at one time.
- Draw a line below the subtopic most recently completed in the class. Above this line is the material that has already been covered; below this line is the material that will be presented in the coming days.
- Estimate the amount of time that each subtopic will take to learn intensely so that you will be ready to walk into the exam (the learning time only and not the practice question time that one might also do on the subtopic later - you have to learn it first).
- Total the subtopic estimates for each separate course. This total gives you an approximate idea of the time needed to learn the material thus far for the course.
- Compare totals among the courses to understand how you should proportion study time. Perhaps Course A and Course C need equal time while Course B needs twice as much time and Course D needs three times as much time.
- Decide when in the class week you can find time for exam study each week for the remainder of the semester. Label the found times by course in proportion to the totals.
- Number the subtopics on each list. Distribute the subtopics over the next three or four weeks to finish your review of the material that has already been covered.
- Save the remaining two or three weeks before the end of classes to distribute the new material as you estimate the time for intense study that is needed for each subtopic.
- If possible, leave only two weeks of new material to learn during the reading/exam period.
Make sensible decisions so you stay in control of your time and focus:
- Prioritize what you need to get done each day. Start with the most important tasks and move down the list to end with the least important tasks.
- Within these prioritized categories, consider doing disliked or harder tasks earlier in the day when you are fresh and alert. Then complete the liked or easier tasks in a category.
- Break every large task or project into small pieces. You will not get as overwhelmed when you focus on a small task (reading one case, writing one paragraph, studying one subtopic) instead of the enormous task (a 30-page paper, an entire course).
- Take small breaks throughout the day - 10 minutes every 90 minutes of studying. Get up and walk around or stretch to get some movement into your routine. Then refocus for the next task.
- Use self-discipline. Do not turn a 10-minute break into an hour break. Do not waste time on Facebook, Twitter, television sitcoms, and other distractions.
- Decline invitations to spend time on things that will mean you do not finish your daily task list. Be diplomatic, but say no. Avoid excessive meal breaks, shopping excursions, socializing instead of scheduled studying, and more distractions.
- After you have learned a particular topic well, move on to the next topic. Do not just keep reviewing what you already know to avoid getting to the hard stuff.
- Get questions that you have about course subtopics answered as you do your review. Do not store up hundreds of questions for the last week of the professor's office hours.
Law school is to a great extent about organization and time management. So is legal practice. Take control of what you can. Move forward - any progress is still progress. (Amy Jarmon)
Sunday, October 27, 2013
It is a common misconception among law students that studying cannot be accomplished in small time blocks. Yet students feel that lots of other things can be accomplished in smaller amounts of time: e-mail, Facebook, Twitter, cell phone calls, surfing the Web, watching TV sitcoms, exercising.
Here are some study tasks that can fit into less than sixty minutes and less than thirty minutes:
- Read and brief one mid-sized case.
- Read and brief two short cases.
- Draft the statement of facts for a legal memo.
- Draft the short answer for a legal memo.
- Complete ten multiple-choice questions without reviewing the explanations for the answer options.
- Complete five multiple-choice questions with reviewing the explanations for the answer options.
- Complete a one-issue fact-pattern essay and review the model answer.
- Review part of a paper draft for punctuation and grammar.
- Review part of a paper draft for citation.
- Review several pages of an outline for intense learning.
- Create a graphic organizer to summarize a course topic.
- Compare an outline or class notes with a classmate.
- Outline the material from several class periods.
- Read a study aid to clarify a topic.
- Complete memory drills with flashcards.
- Make some flashcards for later memory drills.
- Read and brief one short case.
- Stop by a professor's office to ask some questions about the material.
- Discuss the cases with a classmate before the next class.
- Review your brief, margin notes, and prior class notes to re-visit your class preparation for the next class.
- Review your class notes from a class earlier in the day to fill in gaps, reorganize the notes, and gain deeper understanding.
- Read a study aid to clarify a subtopic.
- Outline a couple of short subtopics.
On the downward slope of the semester, it is important to use time well. Major blocks of time are not needed to make progress. (Amy Jarmon)
Tuesday, October 22, 2013
Task lists for what one needs to accomplish (commonly called to do lists) are effective ways to track items and not forget anything. However, there are a number of strategies to improve on this old standby in time management and work organization.
- Consider having multiple levels of the lists: a daily list, a weekly list, a monthly list, a master list. The master list is for items that need to be done some time during this semester but which have no definite timeline or deadline attached to them. The monthly list captures all the items that truly need to be distributed through the current month. The weekly list brings into focus the items that must be completed in this limited 7-day period. The daily list delimits what can realistically occur today to bring one closer to finishing the week's tasks.
- Include a realistic number of items on a task list. It is very easy to include two or three times as many tasks on the daily list or weekly list as can be completed by even superhuman efforts within that time period. Depending on the complexity of the tasks, limit a daily list to 7 - 10 items maximum.
- Prioritize within the task list. Most people will designate items into three categories: most important, important, and least important. I know some people who designate Categories A, B, and C or 1, 2, and 3. Prioritizing focuses attention on the most essential tasks so one does not fritter the day on barely essential tasks.
- When considering the priority category for a task, focus on an honest appraisal rather than whether you like or dislike the task. Ask the following questions to help you determine priority: Is this task really necessary? Does this task have a major payoff for the time involved? What will happen if I do not complete this task? What is the deadline (if any) for this task? Can this task be broken down into smaller, more manageable steps?
- Decide whether personal and school/work items go on the same list. Some people prefer to have separate lists for each category.
- Save your lists for an entire week and analyze how you did. If each day shows a multitude of unfinished tasks, then you may need to be more realistic about how many items you can accomplish. You may also need to consider what interruptions or obstacles occur for completing the list if the number of items was realistic: phone calls, walk-ins, too much time on e-mails/texts/Internet. Make adjustments to how you formulate your lists and how you manage your interruptions or obstacles.
- If you wake up in the middle of the night afraid you will forget something the next day, keep a pen and pad on your bedside table. Capture the task for inclusion the next day on a task list. Then go back to sleep without the worry of forgetting.
Task lists are just one way to keep on track with work. The lists can be handwritten or completed with electronic software. Use whatever method helps you be more productive. (Amy Jarmon)
Thursday, October 3, 2013
Some of my law students avoid study groups because of prior problems they had with group work during undergraduate study. You know the problems:
- a slacker who let everyone else do the work on the group project but got the same good grade
- the student recounting the story did all the work for the group so it was done right
- a dominating person who demanded things be done the way s/he said
- an unpleasant person who sneered at or put down the others in the group
- a disorganized group that took longer than necessary on every task
- a totally confused person who slowed down the group's progress
- a group meeting that degenerated into a social occasion every time
Some of my law students avoid study groups because of prior problems with law school study groups. The problems were usually law variations of the above problems.
Here are some tips for making study groups positive experiences with good results:
- Realize that study group is somewhat of a misnomer. The purpose is not to study together every day (as in read and brief every case together). The groups are typically tied to review and application tasks.
- The size of the group often correlates to the number of problems that a study group will have. The highest number range that generally works well is three or four students. Group dynamics and logistics become more difficult as the number of people increases beyondthat number.
- The group needs to have agreement on the purposes for the group. Examples: Will the group make outlines together? Will the group members instead share their own outlines? Will the group review topics/subtopics in depth each week? Will the group do practice questions together?
- The group needs to have agreement on how often it wants to meet and whether it wants a set day and time to meet each week.
- The group needs to have agreement on the etiquette for the group. Examples: Does everyone have to agree for someone to be added to the group? How will the group handle someone who is a slacker? How will the group curtail rudeness, arrogance, or other negative dynamics? Will the group share group-generated materials with non-group members?
- The group needs to recognize different learning styles and structure itself in a way that facilitates learning for everyone. All learning styles have merit: global processing, intuitive processing, sequential processing, sensing processing, reflective thinking, active thinking, visual, verbal, aural/oral, kinesthetic/tactile, etc. Some examples of how differences can be acommodated and honored are:
- Globals and intutivies focus on breadth; sequentials and sensors focus on depth. All four processing styles are legitimate. Each student prefers two of the four styles. All four styles used together will allow students to look at material from 360 degrees for better learning.
- Reflective thinkers will learn more from the experience if each meeting has an agenda for most of the time so they can prepare and reflect ahead of time (we will cover depreciation and do problems 1-3 in the practice question book at the next meeting). Active thinkers can usually tolerate an agenda as long as a portion of the group time is open-ended (we can bring up any question or topic after the structured part of the session).
- Aural (listening) learners may listen quietly rather than participate in the discussion or may summarize at the end of the discussion. Oral (talking) learners may ask lots of questions or learn by explaining material to the others.
- Visual learners may want the group to work on flowcharts, spider maps, or other visual organizers. Verbal learners may want the group to use acronyms to condense rules or concepts.
- Kinesthetic learners will need some breaks within a long study group session. Tactile learners will stay more focused during active learning such as practice problems.
- If a study group is having difficulties with group dynamics, decisions about purposes or etiquette, or using its time well, the academic success professional at the law school may be able to make suggestions on how to correct or minimize the problems.
- Some students will prefer to choose one study partner rather than have a study group. This option is fine. The important thing is getting at least one other perspective on the material outside one's own head.
If used well, study groups or study partners can be a positive boost to learning. (Amy Jarmon)
Sunday, September 15, 2013
The Socratic Method is probably the most feared and most maligned aspect of law school. Fortunately, most professors sincerely use the Socratic Method to improve learning. Unfortunately, a very few professors purposely misuse Socratic Method to humiliate or terrorize students and to make themselves feel superior.
A professor can make the questioning more effective as a learning tool by keeping the following points in mind:
- Students have different reactions to Socratic Method dependent on their learning styles. Students who are talking learners or active thinkers may feel less intimidated because they learn by discussion and asking questions. Students who are listening learners or reflective thinkers may be more nervous because they prefer to not speak in class and think about material without interaction with others. Also the students who process with the opposite styles from the professor will at times get flustered because they may not understand the professor's approach to questions; they are well-prepared but organize their thoughts differently.
- Building a series of questions that a particular student answers by beginning with relatively easy questions before proceeding to harder questions will allow the student to gain confidence with some on-target answers before the challenging steps.
- Rephrasing a question if a student seems stumped rather than merely repeating the question again will allow a student who found the phrasing of the question to be confusing to realize what the professor is asking. Merely repeating the same words is often unhelpful in moving the conversation forward.
- Realizing that your multiple questions to a student who is having trouble may be misperceived by the student can suggest another approach. You may be trying to help that student sort out the material and to guide the student to understanding. However, the student may feel that the experience is akin to being turned on a spit over an open fire. By using positive prompts, you can make the experience less stressful. "Good first step, but let's look again at the next step." "Good argument, but let's back up and see how you got there." "You are on the right track, but broaden your issue statement beyond the very specific facts in this case." "That is a paraphrase of the rule, give me a more precise in the rule statement."
- Introduce your series of questions to give more context to the students before you start calling on people. They will understand better how the questions fit into the discussion and the level of analysis you are looking for in the series. "We have talked about each of the separate cases for today, but now let's try to synthesize the cases and see how they relate to one another and to today's topic."
Part of the problem with Socratic Method is that students do not know how to prepare effectively for the experience. Here are some hints for students to get ready for the Socratic Method:
- Recognize what questions the professor almost always asks about each case during class. Think about the answers to those standard questions during your class preparation.
- When reading for a continuing topic, think about the topic-specific questions that the professor has been asking and be prepared to answer those topic-specific questions.
- Before the class, consider the case from 360 degrees. In addition to understanding the case deeply (its separate case brief parts and details), consider the case more broadly (how does it fit with the other cases read for that day and into the larger topic).
- Practice explaining the case and answering your professor's standard and topic-specific questions aloud. Talk to an empty chair, your dog, or a very understanding friend. You will have more confidence when called on if you have rehearsed your answers. If you cannot explain the case to an empty chair, then you do not understand it well enough to explain it to your professor in front of others. Re-read the case sections that you did not understand or reflect more deeply on the case and try your explanation and question answers again.
- When the professor calls on other students, answer the question silently in your head. Compare your answer to what the other student says and what the professor indicates. As you realize you are usually right, it will give you greater confidence for when the professor calls on you.
- When called on, think about the question asked and take a deep breath before answering. Many mistakes are made because students blurt out something they immediately realize is wrong or answer a different question than actually asked.
- If you do not understand the question, ask the professor to rephrase it. If you do not hear the question, ask the professor to repeat it.
- Remember that many questions in law school do not have right answers. There are many questions that seasoned attorneys disagree on about the answers. You need to approach the questions with the realization that "it depends" may be the reality and make the best arguments possible.
- View Socratic Method as a learning opportunity: how to think on your feet; how to improve your analysis; how to find out what you overlooked and need to notice in the next case; how to get over your fear of speaking in front of others.
- Remember that most people in class are not judging you when you are the student called on for Socratic Method. About a third are relieved it was not them. About a third are looking ahead frantically because they realize their turns are coming up. About a third are busy taking notes and looking for the answers.
- Every lawyer I know has at least one or more stories to tell about their own experiences with Socratic Method. You are highly unlikely to get every question right. You will likely blank out once or twice even when prepared. You will misunderstand the question at times. It is all part of the learning experience. Do not dwell on your mistakes. Instead learn from them and move on.
- If your professor uses expert panels on assigned days or only calls on you once per semester, do not stop reading and preparing for class because you will not be called on that day. Always read and prepare for class because your deeper understanding of the material depends on it. Slacking off will only get you lower grades.
- Be courteous regarding your professor's and classmates' time. If you are unprepared because your child went to the emergency room or you became ill, let the professor know before class so time is not wasted calling on you. If you pass, realize that you are probably going to be called on the next class and be prepared.
Accept the challenge of Socratic Method and do your best. Law school will be far less stressful if you can get into the spirit of learning from the technique rather than seeing the experience as an illustration of your success or failure. Intelligence is not a fixed commodity - a mistake leads to improvement and later success. (Amy Jarmon)
Thursday, September 12, 2013
I have been collecting tips from my students and others to pass on to our readers. Here are a few items you might find interesting:
- Check out the Flash Card Machine app for Android and iPhone http://www.flashcardmachine.com: there are free and paid versions; the website allows you to create flashcards on your computer that you then can sync with your phone; the app can sort the flashcards by categories or randomly and can modify how often you see certain flashcards.
- For international students who are trying to assimilate differences between United States law and the law in their own nations: draw a bracket to encompass the class notes that show the U.S. difference and then note in the margin what the law would be under your own country's legal system.
- Add to your outline pages for a topic a checklist that helps you remember the steps of analysis: what questions do you need to always ask to complete the proper analysis?
- If you are tired of highlighters that have dried out because the cap was not on tightly enough, try the new retractable highlighter that clicks open and close like an ink pen.
- Students who have trouble staying on task because they waste time on the Internet may want to check out two technology helpers: Stay Focused is available for Google Chrome and Self-Control is available for Mac users.
- The Blotter application allows Mac users to set up a routine weekly schedule that will then appear each day on the desktop with space for a "to do" list and a "right now" window.
- If gentle movement helps you focus and learn, try studying in a rocking chair.
- Ask your teenagers to quiz you on your flashcards: they become part of your law school success, and you provide a role model for serious studying and for persevering when you make mistakes.
- For parents who study at home behind a closed office/den door and have younger children: put a construction paper traffic light on the hallway side of your door; hang out the red circle for do not disturb, the yellow circle for come in if important need, and the green circle for okay to interrupt for any purpose.
- Take a walk around your neighborhood with another law student to get some exercise and discuss your classes while you walk: you get exercise and review at the same time.
Do you have some good tips to share with other law students? Send your study tips to me for inclusion in a future posting. My e-mail is listed under the "About" tab; put Blog Study Tips in the subject heading. (Amy Jarmon)
Thursday, August 22, 2013
Students often ask how to determine which concepts in a case should end up as part of the case brief’s reasoning section. Because judges do not simply ramble in their opinions, every sentence is an important part of the reasoning that drives the opinion. Therefore, what should students capture in their case briefs?
The answer lies in one of the key purposes of briefing cases: identifying the legal principles and the logical steps that will be necessary for resolving similar issues on an exam. In other words, students should learn to brief cases the way lawyers brief them – to draw out the analytical templates courts use when addressing particular issues. In doing so, students will not only begin preparing themselves for their exams, they will accomplish the most important purpose of briefing cases: training themselves to think like lawyers and judges.
They should focus the reasoning portion of their briefs on the future. They should ask themselves which concepts will be useful to them when they are answering an exam question; those are the ones they want to capture and later put into an outline that will guide their analyses on the exams.
Below is a list of the types of concepts students should watch for, not only in the cases but also in class discussions. In fact, if they print off this list and keep it next to them when they are in class and when they are reading and briefing for class, they may find it easier to separate the important concepts from the background and case-specific concepts that will not likely drive a future analysis.
WHAT SHOULD YOU BE GETTING FROM READINGS AND CLASS DISCUSSIONS?
Key themes running through the course
Accurately stated rules
Precise understanding of the logic underlying the rules, tests, definitions, and their
corollaries and exceptions
Key policy aims underlying each rule, etc.
Essential steps in the logic of applying each rule, etc.
Critical similarities and differences among rules, among tests, etc.
Critical attributes of facts that satisfy or do not satisfy the rules, definitions, etc.
Archetypal fact patterns that implicate each rule
i.e., what dynamics are always present when a particular rule is implicated?
E.g., transferred intent in battery: one person always propels something toward another and hits a third person instead. The means could be throwing, driving, mailing, pushing, or any of a thousand other means. The dynamics always boil down to the same thing.
Tuesday, July 23, 2013
During the final week of bar prep, memorization is paramount. Overlearning the law is the best way to conquer the bar exam. MBE success requires quick recollection and MEE success requires depth of knowledge- both of which rely on memorization.
When studying this week, above all, try to understand your learning preference(s). Listening to your inner voice and sticking with what works best for you is the best way to be successful with your memorization. However, if you are still looking for other ways to memorize, here are a few ideas:
- Find creative ways to interact with the material and keep it fresh.
- Use a study partner or significant other to test you on your knowledge with flashcards or just talk out a subject together.
- Create tables, flowcharts, or diagrams to illustrate difficult rules or concepts. Even drawing pictures can help you create a memorable visual.
- Use other memory devices such as: flash cards, sticky notes, white boards, or a tape recorder.
- Create mnemonics that have meaning to you or use ones that have been created by your bar prep.
- Explain the main points of a subject or essay to someone else (a family member, friend, or roommate). Or, talk to yourself- it's ok, you are studying for the bar!
- Color code, use different fonts, or hand-write rules over and over in order to individualize the material and make it more memorable.
- Read your lecture notes or outline/study-aid aloud, record it, play it back and listen to it.
- Study while you move- walk, ride a bike, bounce on an exercise ball, or use an elliptical.
Good luck on your memorization this week!
Sunday, July 21, 2013
It rained steadily in West Texas for three different days last week! Hooray - a dent in the drought for our gardeners and cotton growers. Lubbock even made the national Weather Channel coverage - usually only happens when we deal with sky-reddening massive dust storms. Lots of folks had forgotten the routines to deal with rain and left their umbrellas, rain hats, or raincoats home on the first day.
Why this title and mention of rain? I am talking to a fair number of bar studiers and summer school students who are feeling as though it is stormy weather for them under a deluge of material. Here are some of the reasons:
- The bar exam dates are drawing perilously close.
- Bar studiers are concerned about their scores on practice questions.
- For many bar studiers, there is still too much to learn in what seems too little time.
- Summer school students are beginning to realize how fast a 5-week summer session goes by.
- Many summer school students are juggling part-time jobs with studies and feeling stretched too thin.
- Students with spouses, children, significant others, elderly parents, or other responsibilities beyond school are pulled in multiple directions.
When summer school students and bar studiers get focused on the negative deluge instead of grabbing their umbrellas, they can stress themselves out and become overwhelmed. Here are some tips to remember that the apparent deluge is really just a bunch of individual raindrops:
- Prioritize the tasks that need to be done instead of considering everything as equal.
- Decide how each task can be completed for the wisest use of time and the most results.
- Focus on one small task at a time and then move on to the next rather than getting caught up in the overview of everything.
- Remember that the goal is to learn from one's mistakes on practice questions - the learning avoids a mindless repetition of mistakes.
- Give credit for what has been learned well, is going right, and has pulled together to balance out one's negativity.
- Stop obsessing over the "should haves" or "could haves" - what is done (or not done) cannot be changed; focus on what can still be controlled now.
- Ask family and friends for patience, encouragement, and help with non-study tasks that would usually be shared (cooking, cleaning, child care).
- Get on a regular sleep schedule of at least 7-8 hours of sleep per night - life looks a lot less stormy when one is well-rested.
- If work is also being juggled, consider whether hours can be reduced for the rest of the summer session.
Whether the bar exam is the stressor or summer school, realize that perfection is not needed. One needs to do the best one can under one's circumstances. Persevere and do not get psyched out and defeated. (Amy Jarmon)
Wednesday, April 24, 2013
Remember the awkwardness of middle-school and high school dances if you weren't attending as half of a couple? Males stood on one side while the females hung out on the opposite side of the gym. To walk across the divide to ask for a dance was intimidating. And mortifying if you got turned down flat under the watchful eyes of everyone else.
Some students had the herd instinct and stuck with a group of other unattached attendees. At best they would get out on the dance floor en masse. At worst they would chat with friends while being among the non-selected.
I was thinking today about how so many things in law school echo back to those days of social uncertainty. (For some, college was no better; however, most felt a bit more daring and socially adept by then.)
For example, you are herded into an auditorium during Orientation with hundreds of other new 1Ls and expected to get acquainted or at least fit in somehow. There may have been a major welcome luncheon on the first day. If seats were not assigned by section, then the undergraduate friends who are now attending law school together clumped into little groups at the tables, secure in having "dance partners." Everyone else felt as though a flashing, neon sign with an arrow exclaimed "unpaired." If seating was by sections, then at least the unfamiliar 1Ls at the table knew they had something vague in common and could swap rumors about their professors and courses.
Socratic Method is a bit like a dance invitation - except you really shouldn't take the option of turning down the professor (pass is not any more exceptable than no thanks). And at times students feel they are trying to follow their professor dance partner without any idea of the dance, let alone the actual steps. Some professors are strong leaders - question by question as they show students the steps and lead them through the analysis. Others seem to whip you around the dance floor until you are dizzy. A few others even step on your toes so to speak as they point your errors out to the class. Only a few students are brave enough to venture out on the dance floor by volunteering.
Then there is the legal research and writing dance. One is supposed to learn the steps to an alien type of analysis and writing by doing it. For those with two left feet in legal analysis and legal writing style, learning by doing seems totally unhelpful. Research paths are supposed to be dance lessons for research, but some students are improvising too much to end up with the correct moves. Arguing both sides of the issue seems a lot like not being able to decide who should lead. And then second semester appellate briefs feel a lot like doing choreography before one knows all of the dance steps and appropriate rhythms.
Sections help with the herd instinct because you are all in it together. Then with 2L and 3L years, everyone scatters to different courses, certificate programs, dual degrees, and student organizations. Many law students find themselves in new courses with new professors and law students from other sectioins or upper-division students that they don't know except as vague faces in the halls. They have to decide whether to stay alone in the experience or turn to other students and ask "Do you wanna dance?" (Amy Jarmon)
Wednesday, April 10, 2013
With the stress at the end of the semester, I am seeing more students make poor decisions because they have misplaced their common sense. Here are some things that students all know but tend to overlook when overwhelmed:
- Attend classes and prepare for them. Skipping class to gain more study time may mean that you miss important information about the exam or the wrap-up of major topics for the course. Not reading and briefing in order to save time only mean that you have the gist of the course without real understanding.
- Avoid spending lots of time organizing to study rather than actually studying. If a clean desk, organized bookshelves, and a code book with a thousand colored tabs do not increase your actual learning, you have been inefficient (used time unwisely) and ineffective (gotten minimal or no results).
- If you are sick, go to the doctor and follow the doctor's advice. Multiple negative repercussions follow from coming to school sick and refusing to get medical attention: you infect others with your illness; your illness becomes more debilitating than it should; you ultimately lose more class and study time than you would have with prompt treatment.
- Get enough sleep; do not get less sleep during the remaining weeks of the semester. Without sleep, your body and brain do not work well. You absorb less material, retain less material, zone out in class or while studying, and are generally less alert.
- Eat regular and nutritious meals; do not skip meals to save time. Your body and brain need fuel to do the studying you have to do. Dr. Pepper and Snickers bars are not a balanced diet. Neither are pizza and soda.
- If you have an emergency during the exam period, tell the academic dean or registrar. You may be eligible for delayed exams because of the circumstances (medical illness, family illness, death in the family). Most law schools have procedures/policies dealing with emergencies and will work with students who have exceptional circumstances.
Take time to use your common sense to help you make wise study and personal decisions during these last few weeks of the semester. Do not put yourself at a disadvantage by blindly taking action fueled by panic - think about the consequences of your choices. (Amy Jarmon)
Sunday, April 7, 2013
The end of the semester is approaching at break-neck speed right now for most students. A common lament is that there is not enough time to get everything done before exams. Students are frantically working on papers and assignments while trying to find time for extra final exam studying.
Here are some ways to carve out time when you feel that you have none:
- Look for time that you waste during each day and corral that time for exam studying or writing papers: Facebook or YouTube or Twitter time; e-mail reading and writing; cell phone time; chatting with friends in the student lounge. Most people fritter away hours on these tasks.
- Become more efficient at your daily life tasks: prepare dinners in a slow cooker on the weekend to heat up single servings during the week; wear easy maintenance clothes to save ironing/dry cleaning tasks; pack your lunch/dinner to take to school instead of commuting time to eat at home; clean the house thoroughly once and then merely spot clean and pick up. You can garner ample study time if you cut down on these types of daily tasks.
- Curb excessive exercise time, but do not give up exercise time entirely. Your normal gym workout of two hours five times a week is most likely a luxuary at this point in the semester. Cut it back to two times a week or make it one hour three times a week. The guideline for exercise is 150 minutes per week. You need to focus on strengthing your brain cells rather than your abs right now.
- Consider getting up earlier each day, but do not get less than 7 hours of sleep per night. If you tend to sleep in on weekends and days when you do not have early classes, you are losing productive study time. Go to bed at the same time Sunday through Thursday nights and get up at the same time Monday through Friday mornings; do not vary the schedule more than 2 hours on the weekends. You will be more alert and better rested if you have a routine.
- Decide whether you could study an hour or two longer on a Friday or Saturday night if you currently end at 5 or 6 p.m. You want some down time, but may be able to go a bit longer than previously in order to gain more study time.
- Set up a schedule so that you delineate for each day when you will read/brief or outline for each of your courses. Then repeat the tasks at the same days/times each week. You will waste less time asking yourself what to do next.
- Break tasks down into small pieces. Small pockets of time (under an hour) can then be used effectively to complete tasks. You may be able to study a subtopic for a course in 20 minutes but would take 3 hours for the whole topic. Any forward movement is progress!
- Use windfall time when you gain unexpected time: a class is cancelled, your friend is late picking you up, a meeting ends early.
Instead of getting overwhelmed by everything you have to do, take control of your time. Conquer each course one task at a time. (Amy Jarmon)
Tuesday, April 2, 2013
Global processors are always looking for the big picture, the overview, or the roadmap in learning - they want to know the essentials and the end result. Intuitive processors are curioius about concepts, abstractions, theories, and policies and seek out relationships among ideas - they are synthesis peole. When these two breadth-processing styles combine as strong preferences, the learners can sometimes assume they know a course when they only know the gist of a course.
These processors are more tempted to take shortcuts in learning: skim a case, read the canned brief, produce a cursory outline, and write conclusory memos. They often come out of exams with comments like "I guess I didn't know Torts as well as I thought." They are shocked when reviewing an exam to see that they never analyzed element three even though they knew the analysis. The analysis stayed in their heads instead of making it to the paper for the professor to grade.
Global-intuitive students tend to make mistakes on exams that stem from their breadth of learning without sufficient depth of learning, thinking, and organizing. For example, on fact-pattern essay exams, they leave out the steps of their analysis because they think the professor will know how they got from point A to point D without having to lay it out. It is true that the professor knows how to get there, but the professor needs to know that the student knows how to get there (rather than a lucky guess) to give points on the exam. On multiple-choice exams, they tend to pick by gut rather than carefully consider every answer option. Consequently, they look at the options that match their conclusion (guilty, admissible, liable) and miss the best answer that is not guilty unless, inadmissible unless, or liable only if. Alternatively, they may not know which of two better answers is best because they do not know the nuances of the law on which the question turns.
There are several ways that global-intuitive students can help themselves to develop more in-depth understanding of the law and gain more points on exams:
- Avoid shortcuts that tempt one to only know the gist of a course: canned briefs, scripts, outlines of other students.
- Spend time memorizing the precise wording of the rules, definitions of elements, and other law so that one is not fuzzy on elements, factors, variations. or other items.
- For essay exams: Write out fact-pattern essay answers instead of just thinking about them; get feedback from professors, teaching assistants, or classmates on the depth of analysis.
- For multiple-choice exams: Complete lots of practice questions and read the answer explanations in the book to learn the nuances of the law rather than just the gist of the law.
- Take the time to read, analyze, and organize an essay answer. The rule of thumb is to use 1/3 of the time for a question to do these steps and then 2/3 of the time to write the answer.
- Use a chart to organize the essay answer rather than hold information in one's head. Rows can indicate the parties to the dispute. Columns can indicate the elements or factors that need to be discussed. One can enter facts, cases to be mentioned, and policy arguments in the appropriate cells as a careful read of the fact pattern is completed.
- When writing the essay answer, change the audience one writes to - instead of writing to the professor, write the answer as though explaining the law to a non-lawyer (your cousin, grandmother, little brother). Connecting the dots is easier when writing to a lay audience.
- When writing the essay answer, ask "why?" at the end of each sentence. If an explanation for the statement is not there, keep writing and add the "because" to the sentence.
- Carefully weigh each answer choice on multiple-choice tests; look for the best answer rather than the superficially right answer.
- Slow down in exams and use all of the time given. Global-intuitives tend to finish early which often indicates that they missed smaller issues, did not fully analyze the arguments, or did not read the questions carefully enough.
Monday, April 1, 2013
Sequential processors focus on the individual units before them (cases, subtopics, topics) rather than look at the bigger picture (how these units combine into a whole). Sensing processors focus on details, facts, and practicalities rather than look at ideas or synthesis (the inter-relationships of concepts, subtopics, etc.). When these two depth-processing styles are combined in a student as strong preferences, the students can become too focused on pieces and detail and miss the broader view, inter-relationships, and policy arguments.
Several strong sequential-sensing learners have mentioned to me in the last few weeks that they feel that the only time they are focused on what really matters is when they are reading and briefing for class. When they are outlining, reviewing their outlines, or doing practice questions (all of these steps are in their weekly schedules), they fear that they are not expending their energies on what really counts.
After several of these comments came close together, I decided to step back and analyze why these issues were surfacing after I thought we had discussed what one is trying to accomplish in law school courses. I realized that for these individuals we had not yet fully formulated what one does in law school versus what one will do in one's specialty in practice.
These students saw their job in law school as learning all the law in a course so that they were ready to practice that legal area later. They had missed the fact that they are learning topics for a course (but not all of the law for that specialty) to gain critical thinking and writing skills and general knowledge to solve new legal problems (for exams). Once they are in practice, they will focus on learning all they can about their own practice area(s). However, law school does not expect that level of in-depth study; it expects familarity with a variety of areas of law and application of the concepts to new legal scenarios.
Sequential-sensing students feel more secure in preparing for class because they mistakenly think that memorizing everything about individual cases is the most important task. Because synthesis and big-picture thinking are more uncomfortable for them (especially if policy is involved), they feel less convinced that outlines, review, and practice questions are full-fledged studying.
Once these students realize that class preparation is important but not the be-all and end-all, the light-bulb comes on for them. They are still less comfortable with the synthesis and big-picture thinking that lead to application, but they can see those broader study tasks as legitimate. By releasing themselves mentally from having to know every minute detail in each case and each sub-topic and each legal area, they begin to make the transition to the additional levels of learning that will allow them to succeed on exams. They push themselves to synthsize the material and fit it into the bigger picture. They realize that practice questions assist them in this process and help them to apply the law on exams. (Amy Jarmon)
Wednesday, March 20, 2013
For most law schools, the semester is on the downward slope to exams - the midpoint for classes has passed. Students who have been putting things off are waking up to the fact that time is not on their side any longer.
Many law students whose Spring Breaks are over used the recent time away from class to catch up: outlines were started or completed, paper research was started or completed, and paper drafts were begun. Law students with Spring Break this week are planning the same machinations.
Here are some tips for getting the most out of the time left in the semester:
- Add to course outlines weekly so that new material is pulled together while it is still fresh.
- Write down all of your questions for each course and get them answered now: by classmates, by professors, or through study aids.
- List all of the topics and subtopics that must be learned for each exam course to get a realistic view of the amount of material.
- Estimate the amount of time needed to learn each topic already covered in class to the level needed to walk into the exam.
- Schedule learning that same older material for no more than two-thirds of the remaining class period; reserve the other weeks for learning the new material that has not yet been covered. For example, if there are six weeks left, try to learn the first eight or nine weeks of material in four weeks and reserve the remaining two weeks to learn brand new material. During the exam period, focus on the last one to two weeks of new material and review everything else.
- Do as many practice questions as possible for each exam course. However, it is ineffective to do practice questions on a topic before you have intensely studied it. Wait a few days after intensely studying a topic before you do practice questions - you want to see if you retained the information well enough to get the answers correct.
- Do not skip classes because professors will begin to give information about the final exams and pull material together.
- Also do not skip classes because the last few weeks are often heavily tested when the course builds over the semester.
- Expect every step for researching and writing a paper to take longer than you think it will. Plan your work accordingly.
- Leave ample time to edit your paper in stages for specific aspects rather than edit for everything at once. Stages might be for logic, grammar, punctuation, style, accurate quotations, citations, tables/exhibits, or other appropriate categories.
The last part of the semester will be more productive if there is a plan for using the time. Do not waste time just thinking about study tasks; start studying in earnest. (Amy Jarmon)
Wednesday, March 13, 2013
The title of this post is actually a Yiddish proverb. It applies to law school in multiple ways:
- Reading canned briefs or headnotes instead of the actual cases will not teach you how to analyze cases as an attorney. You need to know how to spot the issues, pull out the legally significant facts, understand the court's reasoning, and distill the legal essentials from the opinions. Then you need to synthsize everything you have read.
- Using scripts instead of taking class notes will not help you think about the law. Scripts are merely verbatim transcripts without true understanding. A court reporter can make a transcript; an attorney needs to process the law to know how to use it correctly.
- Relying on other people's outlines instead of making your own outline focuses on memorization rather than understanding. Attorneys need to be able to struggle with the law and know how it works; they need to use the law rather than parrot the law.
- Reading the model answer in a practice question book instead of writing out your own answer will short-circuit learning. You cannot learn the nuances of thinking by reading another's work. You cannot learn how to organize a tight analysis without doing it yourself.
Studying the law well takes effort. Thinking about the law is very different than memorizing the law. Understanding how to apply the law to legal problems goes beyond borrowed brains. Clients want to hire lawyers who excel at using their own brains. (Amy Jarmon)