Why is a strategy necessary?  After all, you've taken lots of exams, right?  Well, law school exams are like nothing you have ever done before.  And, at Northeastern, like most law schools, your final evaluation in most courses depends primarily on how well you performed on your final exam in that course.  For those reasons, you should have a plan for preparing for and taking exams, and you need to begin thinking about your strategy early.

Why early?  Because each new reading you will be assigned in your courses will build on concepts and principles you have already studied and your exams will tend to test the entire range of material you have studied in a given course.  So, falling behind in your reading will disadvantage you at exam time.

Should I study with a study group?  Maybe.  It depends on how well you study with others.  For most law students, studying with a group is very beneficial because it brings several points of view to the discussion.  Several students will, generally, ensure that all facets of a problem are discussed; in contrast it is easy to miss some issues if you are working alone.  However, if groups really aren't for you, maybe you'll do well studying with one other person.  I do think it's important and useful for most students not to always study alone for exams - it's too easy to miss important issues in exam questions.

How should I prepare for essay exams?  There are several things you can, and should, do.

First, in addition to doing the assigned reading and outlining the course, before beginning to prepare for exams, there are two excellent articles you should read.  The first, by Professor Brook Baker, will be handed out in the Anayltical Skills Workshop. Its discussion of professors' expectations and its step-by-step review of how to use IRAC in an exam answer is very useful advice.  The other article, written by Professor John E. Langbein of Yale Law School and available from the Academic Success Program director, Melinda Drew, also gives useful exam-taking tips and explains why some techniques popular with students do not work on law school exams.

Then, the best preparation you can engage in is taking practice exams.  The law library has on reserve old exams from most of your professors, or they may be available on a professor's website.  Get copies of these old exams and work with them.  You can use them to spot issues alone or with your study group or partner.  Once you've spotted the issues in a question, you and your study partner(s) should discuss how each of you would answer the question.  Then practice writing out an answer to one or more questions.  This is extremely important - I strongly urge you not to skip this step.  There is a huge difference between thinking and talking about an answer and writing one out.  Writing it out will show you any gaps in your analysis and will also give you practice at writing under pressure.  By the way, at some point before your actual exam you should write out one or more exam questions under actual exam conditions; that is, using the actual time allotted for the question you are working on and answering the question without taking a break - just as you will do in the real exam.

Once you and your study partner(s) have written out an exam answer, you might review it together, comparing and discussing how each of you handled it.  You might also take your answer to your professor or a teaching assistant for the course and get feedback on it.

Another very good reason to work on old exams is that for many courses they will give you a good idea of the areas generally tested.  For example, most Civil Procedure exams will have a question in which you are asked to deal with dispositive motions such as 12(b)(6), summary judgment, and/or motions for judgment n.o.v.  Because these are extremely important areas of Civil Procedure, it is very unlikely that your professor will decide not to test them.

Anything else?  Yes - seek help if you need it.

• there are course teaching assistants for most, if not all first-year many courses who can help you
• there are ASP TA's available to first year students at no cost
• the Academic Success Program director can work with you
• there are additional handouts on exam tips available from the ASP director

The first thing you should do is read the instructions on the exam cover sheet or at the beginning of the exam.  I know it seems obvious but many students skip this step - to their detriment.  This is where you will find such important information as whether you should write on every other line, every other page, what to do if you believe additional facts are necessary to resolve a question, etc.  Whatever the instructions are - follow them!

Then take a look through the exam and find out how many questions there are and how much time you are supposed to spend on each.  If there are two questions, equally weighted, you cannot get a passing evaluation, much less a good one, if you do a superb job on one question but never get to the other.

Once you have a general idea about the exam, take a look at the question you are starting with.  Either close to the beginning of the question, or at the very end, you will be told who you are with respect to this question and what your professor wants you to do.  For example, the question may say that you are a law clerk to a judge and the judge wants you to draft an opinion concerning a case now before the court.  Knowing this before you begin reading allows you to be thinking like an objective law clerk as you read rather than, for example, an advocate for one of the parties.  Once you have that information, read the entire exam question quickly to get an overview.  Then go back and read it again, this time making notes about the issues you spot and the parties.

Once you have read and made notes, outline your answer.  Are you going to organize your answer by legal issues or by party?  The reading, note-taking, and outlining should be approximately 20% of the time allotted for that question. The bulk of your remaining time for that question (approximately 70%) should be spent on writing your answer.  Remember to save some time (approximately 5%) to proof read your answer.

Fine, but how do I write the actual answer?

The short answer is - use the IRAC or other organizing  convention you learned in your writing class.  In fact, unless your professor tells you not to use such an organizing scheme, this should be your default for exam questions.  It is, after all, what most essay exams are testing; that is, can you spot the issue(s) (I) contained in the question, do you know the legal rule (R) that applies to each issue, can you apply (A) that rule to this new set of facts, and can you come to a reasoned, appropriately supported conclusion (C)?

The most common problem students make in writing exam answers is not answering the question asked.  Your professor will not be impressed if you answer a different question than the one asked - even if it's a really good answer!

Another common problem is being conclusory.  That means that the answer says whether someone did or did not breach a legal duty, did or did not commit a crime, or the like but the answer does not show the writer's analysis.  You must show your professor each step of your analysis.  As an analogy, think back to when you first learned to do math problems.  It wasn't enough to give the correct answer; you had to show each step you took to get there.  You must do the same in law school exams.  That means you must argue both sides of any issue, giving the argument and counter argument for each.

You should also make sure not to resolve the question at the threshold stage and then write nothing further.  For example, suppose in a Civil Procedure exam you conclude that the case should be dismissed at the 12(b)(6) stage.  That's fine - and even possible - but what if you are wrong?  It's fine to analyze both sides of the 12(b)(6) issue, conclude that 12(b)(6) is likely to be dispositive, and say that (as well as why you think the matter will be dismissed at that stage).  However, you must then say, assuming for the sake of this exam that the issue is not dismissed at the 12(b)(6) stage, I will also analyze the following issues.  Then go on to analyze each additional issue you have identified. Do not ignore issues unless your professor tells you to.

Finally, another common mistake is to ignore the significance of the facts.  The professor has included certain facts for specific reasons.  For example, if you are told that a complaint and summons were served on your client on a specific date, that should make you think about how many days you have to file your client's answer.  Or, if you are told that the tort occurred on a date more than 3 years ago and you know the statute of limitations for this particular tort is 3 years, you need to think about whether or not there is a way the claim can still be pressed.  For example, does an exception like a discovery rule in a malpractice action apply?  If so, write that the statute of limitations for this tort is usually 3 years but an exception may apply.  State what the exception is, use the facts to show how it may or may not apply, and conclude as to whether or not the exception does apply.  NOTE:  as mentioned above, even if you conclude the exception probably does not apply, you cannot stop there.  You must go on and state that if, however, it does apply, the following issues remain.  Then analyze those issues.

If you run out of time and you haven't finished the last question, you should note that you have outlined the question in the back of your bluebook (or wherever your outline is).  That allows your professor to look at the outline and see that you had identified other issues that you did not reach.  He or she may give you some credit for recognizing other issues and for knowing what doctrine to apply.

How do I prepare for open book exams?  For the most part, the same way you prepare for a closed book essay exam.  Open book exams are not easier to prepare for.  Do not fall into the trap of thinking you will have plenty of time to look up doctrines and rules during an open book exam.  Take it from those who have gone before you - you won't have time to do that.  In fact, many students believe their professors expect more when the exam is open book because, if you have forgotten the specifics of a rule, for example, you can check your notes or book.  That said, don't overly rely on notes or your book.  To help you get the most benefit from materials on an open book exam, though, you will find it helpful to condense your outline into as few pages as you can and to make a table of contents - to make finding specific information easier and quicker.  Also, for an exam in a rule based course such as Civil Procedure, you may find it helpful to tab the rules so you can turn to them quickly.

What about multiple choice exams?  Multiple choice exams are less common than essay exams at Northeastern, though they have been given in some classes, including some Torts sections.  These exams require a special set of skills which many of you may have already mastered.  However, whether or not you are comfortable with multiple choice exams, you may benefit from an excellent web page on the website of Professor Vernellia R. Randall of the University of Dayton School of Law, which can be accessed at http://academic.udayton.edu/legaled/barpass/MultipleChoice/MC00.htm  

Will I have take home exams?  Probably not in your first year, though some professors in the past have given them.  If you have a take home exam, the preparation is the same as for any essay exam.  The difference lies in the length of time you have to complete the exam.  You might receive it in the morning and have to return it by the end of the day, or you may be given the exam in advance of exam week and have to turn it in by the last day of exams.  The problem with take home exams, many students feel, is that it is hard not to spend hours and hours on them.  After all, you want to do your best and you have all that time....  But, you still have to prepare for other exams so your prioritizing and organizational skills will be important here.  In addition, sometimes students are concerned that their professor's expectations will be higher with a take home exam.  If you have such concerns, you should bring them up with your professor and get his or her advice.

Any advice for after the exam is over?  Yes, I have suggestions for both the immediate and the long term!

For the immediate, once the exam is over, don't talk about it with other students.  I know most of you will ignore this advice, but I urge you to heed it.  Here's why.  If you talk with others about the exam, you will likely hear that other students spotted issues that you didn't and vice versa.  Similarly, another student may have come to a completely different conclusion than you did.  It is perfectly possible for both of you to have done a credible job and to get a fine evaluation.  Many exams contain more issues than the professor expects any one person to spot and discuss; thus, each of you may have spotted and discussed some different issues as well as some in common.  However, human nature being what it is, most of you will immediately assume that the other student "got" the right issues and you didn't.  Why put yourself through this?

For the longer term, if you aren't pleased with your evaluations once you receive them, you should review your exams.  You can do this by requesting your exam answers from Student Services.  You must return the original bluebook(s) or typed answer(s) to Student Services after your review, but you can make a copy if you like.  Go over the exam question and then your answer.  Review your professor's comments, if any.  If a sample answer has been provided, review that.  If after your review, you do not see why you received the evaluation you did, make an appointment to talk with the professor.  Keep in mind the purpose of this meeting which is to find out what you did wrong in answering the questions, not to try and get your evaluation changed.  At your meeting you should focus on finding out what the professor was looking for and how you did not meet his or her expectations.  Did you not know enough law?  Did you fail to read, or misread, the facts?  Did you engage in conclusory analysis?  Did you not answer the question asked?  How can you do better next time?  It may be difficult to do this but remember your purpose is to learn from this exam so you can do better on your future exams.

If you are uncomfortable approaching your professor, you may want to meet first with the Academic Success Program director.  She can review your exam answer(s) with you, help you figure out what the problems were, and assist you in formulating questions to ask your professor.  To get the most from your review, however, it is advisable to meet with your course professor at some point since he or she knows the material covered in class best.

The advice given here is, of necessity, general in nature.  If your professor gives you advice that is different from the advice here concerning how to answer questions on his or her exam, or about how to prepare for his or her exam, be sure to follow that advice.  After all, it is your professor's exam - the most important thing I can tell you is to pay attention to what your professor wants. 
 

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