EXAM WRITING STRATEGIES:Tips for December Exams

An Academic Success Lecture

TODAY’S LECTURE

▪ Pre-Exam: The Next Two-Three Weeks

▪ Exam Time: Tips for Exam Success

▪ Post-Exam

▪ Health and Wellness

• A form of studying

• Serves to jog your memory during the exam

•Useful for distinguishing facts

• Do not put anything in your can that you don’t understand

• Use ALSS CANs with caution

CANS

Pre-Writing/Creating Templates

▪ Saves time during exams

–Hardest part about these exams is time-management

▪ Criminal Law Template Example

–Applies for Torts exam as well

•Courses where there are tests and steps

▪ Contract Law Checklist Example

–For courses where there is less structure

▪Think of policy arguments before going into the exam

–“Common law is a growing body of law. Although common law has established…, the plaintiff may have successful argument because…”

Practice Exams

▪ Practice Writing Exams: Exam writing is a skill!

• Past exams are available on the law library website

• Try writing your first exam untimed. Then start to time yourself and be honest

• Use your CANs and cheat sheets so you’re familiar with where everything is located

Practice Exams

• Pay attention to the structure of the exams: several fact patterns, short answer, essay question?

• If you have a new professor, ask which professor’s exam they will be basing their exam on.

• If you have a professor who has taught here several years, don’t bother practicing with other professors exams.

Study Groups

▪ Reviewing notes and learning the material• Nice to study with others sometimes to ask questions

▪ Extremely helpful for practice exams• No answer key; issue spotting is huge

▪Group CANs▪Book library study rooms

Days between Exams

▪Budget some time off• Keep doing what you love • Take the afternoon off

▪Expect to study only for the exam you have the next day

• Practice exams• Even just issue spotting is helpful

EXAM DAY: TIPS FOR EXAM SUCCESS

What to Bring

• Earplugs (especially if typing)

• Snacks

• Water

• Writing instruments (even if typing)

• Highlighters

• Your CAN

• Safety blankets: class notes, casebook

• Layers

Reading the Question

• Read the questions slowly and carefully

• Skip to the end of the problem first and determine what the question is asking:–Advise one party? –Address issue X? –Canvass legal issues? –“Discuss”?

Reading the Question

• As you read: –Underline or highlight significant facts–Write down cases or concepts that are relevant–Make note of facts that seem irrelevant on first

reading (red herring or subtle issue?)

Reading the Question

• If you don’t understand the question right away:–Don’t panic. –Skip ahead to a question you do understand.–Look at your table of contents/checklist.

• If you are using pre-written answers, make sure your answer fits the question!

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Timing

• Assign time limits to each question (in advance, if possible)

– Ask your professor for # of questions and marks per question

– Check old exams for a pattern that the professor usually follows

–OR, follow the mark/time breakdown given by the prof on the exam

• STICK TO YOUR TIME LIMITS

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Outlining

− Especially useful for exams where there is one large fact pattern and you need to spot the issues.

− A primary benefit is that this will help you budget your time while writing; keep moving through all the key issues!

− Outlining can be done during “reading time”

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Use clear, direct, concise writing

− Section headings can guide the professor and keep yourself organized

− Some people phrase their headings as questions

− Don’t presume the professor will understand your arguments: these are complicated ideas so be precise

− Short sentences and paragraphs

− Don’t be too worried about spelling, simple grammar errors

− Use bullet points if running out of time

− QUALITY OVER QUANTITY

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Stating the Law

Have a clear and simple statement of the law addressing an issue and cite its source (case, statute, both)

-This is separate from the factual analysis of the problem

-You may prewrite this part of the exam... or not…

Avoid stating everything you know about the law in your introduction to the issue

-Relevant nuances in the law could wait for your analysis

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Analysis - Using the Facts• Your job is to explain how the law applies to the

facts• State any assumptions you are making about the

question or the facts (especially if something is unclear to you on the exam)

• Some facts may apply to multiple issues• Some facts may not apply to any issue (you’ll get a

feel of this from practice exams)• Develop strategies for keeping actors and

chronology clear in your mind• Closed book exams: these emphasize using the

facts in front of you to an even greater degree

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Example: Explaining how the facts Apply

[A lost his bags on a flight. He wants to bring an action against his airline for breach of contract but his ticket contained an exclusion of liability clause.]

Good answer: A will have a difficult time proving the airline is liable, as the airline ticket contained clear and unambiguous language excluding liability for the airline (Parker; Delaney), and there were signs located in the ticket office visible to A prior to him buying his ticket (Thornton).

Note how this answer does not explicitly explain how the cases being cited

relate to the facts in the problem.

Great answer: A will have a difficult time proving the airline is liable. Although courts tend to take a strict approach to exclusion clauses, such a clause will generally be effective if it contains clear and unambiguous language excluding liability (Parker, Delaney). The ticket contained such language: “blah blah”. An exclusion clause on a ticket is ineffective if it is presented after it has been paid for (as acceptance has been made and no further terms can be added to the contract) (Thorton). Here, however, A received the ticket before he paid for it and accepted the contract.

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Analysis - considering both sides of the argument

• For debatable issues, raise the arguments on both sides

• Some issues may not really be debatable, so don’t spend as much time on them

• When doing this part of your analysis, keep the standard of proof in back of your head (and mention it in your assessment)

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Analysis - using case law

− If appropriate, make analogies with or distinctions from the precedents you have studied

− Also use case law as basis for outlining the policy rationale behind the law and not just the law itself. You can make arguments from this.

− Consider how your professor uses cases: do they get into the facts, do they stress the rhetoric, or are they used only as statements of the law? This likely gives you a sense of how you’ll be expected to use them.

POST-EXAMDiscussing the exam– Think carefully about whether you want to talk

about the exam.

– Respect the fact that some people don’t want to talk about their exams.

– Remember that for most exams, there is no one right answer.

– Be skeptical of other people’s overconfidence.

POST-EXAM

If you think you failed an exam:

• You didn’t.

• Remind yourself:–The curve in law school is tight

–These are practice exams

• Don’t let one bad exam ruin your mojo–Take a break, relax, and remove the last exam

from your mind. Then begin studying for your next exam.

HEALTH & WELLNESS

▪ Know your coping techniques and use them during the exam period.

▪ If you are feeling overwhelmed or are in distress, please alert the Assistant Dean, Students – there is always a solution.

▪ Arrive to your exams early.

▪ Do something to reward yourself after an exam. Go for a walk, get lunch, take a nap!

▪ Plan ahead, pace yourself and come to the exam alert and well-rested.

▪ Counselling Services in Brock Hall is free to students and has drop in hours.

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EXAM INFO

▪ Your exam code is required for each exam.

▪ Susan Morin and Veronica Uy may be found in Allard 151 & 150 if you have any urgent exam questions (or are late for an exam)

▪ Deferrals of exams/papers must be requested through the Assistant Dean, Students (Allard 152) using the proper form, with supporting documentation.

▪ Need a doctor’s note for illness or must use Declaration of Illness

▪ Do not write an exam if you are ill!

UPCOMING EVENTS/RESOURCES

•ExamSoft Info Sessions:

–Nov 22 & 29 12:30-2:00

@ Room 104

•We Law Students

–Pre Exam Wellness Week

–Nov 28-Dec 2

QUESTIONS