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LAW SCHOOL EXAMS A Presentation for LL.M. and Exchange Students Toni Jaeger-Fine law.fordham.edu | 150 West 62nd Street | New York, NY 10023

LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

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Page 1: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

LAW SCHOOL EXAMS

A Presentation for

LL.M. and Exchange Students

Toni Jaeger-Finelaw.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 2: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Preparing for Exams:

• Notes/Outlining:• Your own

• Sharing

• Commercial

• Study Groups:• Optional

• Set specific times and place

• Choose classmates with similar study habits

• Practice Exams.• If available (not for Intro)

• Take late in the semester, under real exam conditions

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 3: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Types of Law School Exams

and Exam Questions

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

• Multiple Choice

• True/False

• Issue Spotters*

• Other Essay

Questions

• In Class Exams

• Take Home

Exams

Page 4: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Take Home Exams

3 – 48 hours duration

(others possible)

Typically free to use any

materials or resources

(except other people)

Temptation to include too

much and to be wordy—

keep it concise

Usually not as much time

as you think it is!Should be better written

and more organized than

the in class exam

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 5: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

In-Class Exams:

• Materials May Be Permitted:

• Open book

• Closed book

• Modified open book (Intro)

*** Preparation the same!

• Handwritten or by Computer:

• Handwritten – in little books provided

• By computer – must download and test software

• NB: You must register for other exams and each

semester law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 6: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Most Important Rules

Rule #1 − Follow All Instructions!

Rule #2 − Manage Your Time!

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 7: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Time Management − In-Class Exams:

• Greatest challenge in law school exams

• Exam should tell you recommended time for

each question

• If not, and equal points, use equal time for each

question

• Keep time plan near you and follow it

• Bring your own watch and use it – do not rely on

proctors

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 8: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

In Class − Multiple Choice & True/False:

• Figure out how much time you have for each

question

• Answer all questions unless instructed

otherwise

• Choose one answer only – the best answer --

unless otherwise instructed

• Can be very tricky so read carefully!

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 9: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Essays:

• The issue spotter

• Others

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 10: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

The Issue Spotter:

• Typical U.S. law school exam question

• Goal = Identify and analyze issues presented

under given fact pattern

• Steps:• Read question and take notes on relevant facts and issues.

• Note “call” – what are you asked to do? Argue? Analyze?

• Read question again

• Outline answer

• Begin writing

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 11: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

How to Write Answer to Issue Spotter?

• TRAC/IRAC• Thesis/Issue

• Rule = law

• Set forth test (elements, factors, etc.) that

creates analytic framework

• Application (of law to facts presented)

• See next slide

• Conclusion

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 12: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

How to Write Answer to Issue Spotter?

• Application -- Follow analytic framework

established in “Rule”

• Go issue by issue, drawing on specific facts of

your case

• Separate arguments in favor of each position

• Begin each paragraph with topic sentence

• Use topical headings to signal reader

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 13: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Tips to Answering Issue Spotters

• Organize the issues in logical order:

• Discuss threshold issues first

• Give winning and losing arguments for all issues

• Use signals for reader

• Blatant verbal cues (“the issue is whether …,” the

applicable rule is…”)

• Headings (“Contract Formation” or “There was a Valid

Contract”)

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 14: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Tips to Answering Issue Spotters

• Use the facts you are given:

• But do not restate the facts!

• If you feel the fact pattern lacks crucial information, say so,

and indicate how your analysis depends on the missing

information

• Be comfortable that the answer will often be “maybe.”

Give all sides of the issue, then take a side

• Make sure you answered the question(s) presented

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 15: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Other Essay Questions

• Range of other possible types of

questions

• Use rule of reason/good judgment in

answering

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 16: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Writing Tips for any Essays

• Be Pragmatic and Focused:

• No background unless requested

• No personal views (“in my personal opinion,…”) unless requested

• Answer the Question:

• Do not show that you know more than is asked for

• Do not Restate Facts:

• But use them in your analysis

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 17: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Writing Tips

• Be concise and focused

• Do not worry about perfect grammar or spelling

• Skip lines in bluebook/backs of pages if writing

answer by hand

• Write neatly!

• Do not waste time with white out

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 18: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Writing Tips

• Use abbreviations and identify them if not obvious

• Use headings of substance (not IRAC)

• Keep paragraphs short

• Do not use citations

• Follow instructions

• OK to answer questions out of order

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 19: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Time Management

• Watch the clock carefully and manage time

appropriately

• Write down issues you would address if you had

more time

• Do not go over allotted time for any one question

• Time management is absolutely critical for

success on U.S. law school exams

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 20: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Additional Suggestions

• Arrive early

• Bring:

• Fordham ID

• Exam number

• Do not indicate your name anywhere on exam

• If sick, do not attempt exam

• Contact Office of Student Affairs

• Do not contact professor

• Will need documentationlaw.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 21: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Additional Suggestions

• Bring power cord for computer

• Bring earplugs if distracted by outside noise

• Stop when time is called

• Plan bathroom breaks

• Bring considerate food and beverage

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 22: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Introduction to U.S. Legal Systems Exam

• Instructions te be provided in advance

• Modified Open Book – dictionary only

• Grades posted at end of exam period

• Ask to review with TJF if interested

law.fordham.edu | 150 West 62nd Street | New York, NY 10023

Page 23: LAW SCHOOL EXAMS - Fordham University€¦ · • Discuss threshold issues first • Give winning and losing arguments for all issues • Use signals for reader • Blatant verbal

Questions?

law.fordham.edu | 150 West 62nd Street | New York, NY 10023