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LAW SCHOOL EXAMS
A. Types of Tests
1. Essays and Issue Spotting
2. Multiple Choice QuestionsB. Know Your Professor and Your Test
1. Talk to Your Professor
2. Look at Past Exams
3. Ask Upper Classmates
4. Take Note of Exam Rules and ParametersC. Decide on a Study Method
1. Stick With What Works for You
2. Decide If You Want to Join a Study GroupD. Review Your Notes
1. Clarify the Tough Spots
2. Get OrganizedE. Practice Taking Old Tests
F. Review Sessions and Night Before
G. Exam Time
1. Beforehand
2. Taking the TestH. Writing an Essay Answer
I. Post-Exam
PREPARING FOR AND WRITING LAW SCHOOL EXAMS Without a doubt, exams are the most intimidating but yet most important aspect of your first year law school experience. 1L grades can play a part in determining your eligibility for law review, moot court, and summer employment. There may be mid-term exams in December and January but most of the course grade is determined by your performance in the final exams.
1Ls normally experience tension and terror before their first exams. Everyone runs from friend to friend, classmate to classmate, trying to find out the “right way” to study. Does Professor Z test “hard” or “easy”? Do I need to buy a commercial outline? How do I outline for Professor Y’s exam? Should I join a study group? How many hours should I study? Every course exam is different, so every preparation will be different. To assume there is only one way to study for law school exams is a recipe for disaster. However, there are some basic strategies to help you cope with all these unknowns.
A. Types of Tests
There are two common types of exam formats to expect as a 1L. The first is essay, the second is multiple choice. Essays are more common in most law schools. While these are not the only two ways to test, they are most frequently used and their basic formats should be understood.
1. Essays and Issue Spotting: Essay exams can be either long or short format. You are given a fact pattern that can be as short as 1 paragraph or as long as 10 pages. Either way they require what has come to be known as “issue spotting.” You must read the fact pattern and discuss the legal issues that it raises. What does that mean? Law is all about facts. Depending on what the facts of a situation are, the outcome of a legal challenge will vary. You need to identify (“spot”) the facts that relate to the application of the legal rules (“issues”) that affect or determine the outcome of the case.
a. Example: Two people, A and B, each sign a contract with Carl’s Cars, an automobile dealership, to purchase new cars. Later, they each want to cancel or rescind their contracts. How do you determine whether or not they’ll be able to do this? That is the legal outcome you are trying to determine. The way to spot the issues is to analyze the relevant facts. Let’s say the fact pattern gives you the following information:
A is 23 years old while B is only 15. (There’s an issue. Children under 18 can typically disaffirm contracts.)
A thought she was signing an application for a credit check, not a purchase contract. (There’s an issue. Mistakes about the subject matter may indicate that a meeting of the minds was absent. This can be grounds for canceling or rescinding a contract.)
B was in a collision on the way home and destroyed his car. (There’s an issue. Destruction of the subject matter of a purchase contract after transfer to the buyer is not usually grounds for rescinding a contract.)
A’s new car engine blew up the week after the purchase in spite of a guarantee. (There’s an issue. A car seller is liable for damages from breach of contract or warranty.)
b. Outcome Less Important Than Issues: It is usually more important to articulate the legal rules and be able to spot issues than to get the “right answer.” As is often the case in the real world, there may be more than one “right answer.” For now, just worry about learning rules and applying them to the facts.
2. Multiple Choice Questions: This is a different animal from the essay format. It is much more focused, and usually involves more detailed and subtle knowledge of the law. Many students make the mistake of assuming that multiple choice questions are easier than essays because “the answer is right in front of you.” However, there is less “wiggle room,” more need for precision, and the questions tend to build in more tricks.
a. Be Selective: More facts or law may be given in the question than necessary. Red herrings are often in the facts to support one of the wrong alternatives. An example is a transaction between a wholesaler and a retailer; they are both considered “merchants” for UCC purposes.
b. Preferred Answer Objective: Look for the best answer alternative. This may mean the most nearly correct or the least [in]correct answer. There is often some truth in each alternative and fine-line distinctions are frequent.
c. Modifiers: Conditional or limiting modifying words such as “because,” “if,” “only if,” or “unless” in the call of the question are usually critical to the outcome.
d. Try a True-False Approach: For some questions, it may help to use a true-false analysis for each of the four alternatives. Ideally, you will end up with a 3-1 split; the odd one out is usually the right answer.
e. Sample Questions: Below are some sample multiple choice practice questions in Contracts. Give them a try, using the techniques you just learned!
(1) Where a client accepts the services of an attorney without an agreement concerning the fee amount, there is
(A) An implied-in-fact contract.
(B) An implied-in-law contract.
(C) An express contract.
(D) No contract.(2) Duval Manufacturing Industries, Inc., orally engaged Harris as one of its district sales managers for an 18-month period commencing April 1. Harris commenced work on that date and performed his duties well for five months. On October 1, the company gives Harris a notice of termination as of November 1, citing a downturn in the market. Harris sues seeking damages for breach of contract. Duval pleads the Statute of Frauds and/or a justified dismissal due to the economic situation. What is the probable outcome?
(A) Harris will prevail because he has partially performed under the terms of the contract.
(B) Harris will lose because his termination was caused by economic factors beyond Duval’s control.
(C) Harris will lose because such a contract must be in writing and signed by a proper agent of Duval.
(D) Harris will prevail because the Statute of Frauds does not apply to contracts such as his.(3) Wendy Wholesaler sold merchandise to Roberta Retailer. A dispute has arisen between the parties and Roberta is trying to prove that Wendy is a “merchant” as opposed to a “casual party.” The least important factor indicating the status of a “merchant” is that Wendy
.
(A) Is a wholesaler rather than a retailer.
(B) Deals in the goods sold to Roberta.
(C) Holds herself out as an expert in the goods sold to Roberta.
(D) Sells under 10 units a year to Roberta.f. Sample Answers: Regardless of whether you answered correctly or incorrectly, read the entire answer rationale. You will find the specific reason why the answers is or isn’t correct, and learn a lot in the process.
(1) /A/ The contract would be implied in the fact that the client accepts the services of the attorney. (B) is incorrect because the law would not necessarily imply a contract. (C) is incorrect because there is no express contract under these facts. (D) is incorrect because there is an implied-in-fact contract.
(2) /C/ Contracts with over one year of performance on both sides fall within the statute of frauds requiring a writing. (A) is incorrect because partial performance takes only the performed portion out of the statute’s application. (B) is not the best answer because this is not one of our CIISSU situations where the law would excuse performance. (D) is incorrect because Harris will lose.
(3) /A/ The least important factor in determining if a seller is a merchant would be if they sold at wholesale or at retail. Either a wholesaler or a retailer could be classified as a casual seller. (B) is incorrect because a seller who “deals in the goods” is one of the merchant characteristics listed in UCC 2.104. (C) is incorrect because a seller who “holds herself out as an expert having special knowledge and skill in the goods” is one of the merchant characteristics listed in UCC 2.104. (D) is not the best answer because the number of units sold in a given year is not controlling as to whether the seller is a merchant or casual seller. It could be that 10 units a year would not be a sufficient quantity to qualify as dealing in those goods.
3. Take Home Exams: Sometimes a professor will give you the exam to take home and complete. The pressure of a timed, closed book exam is alleviated, but the tradeoff is that the professor will have much higher expectations and likely grade much harder. Take it seriously and don’t procrastinate - unless you really enjoy pulling excruciating all-nighters and doing a half job.
B. Know Your Professor and Your Test
The first step in preparing for exams is to understand the nature of the challenge. What will the test for this course look like? Find out how the professor likes to test and study defensively for that exam method. There are several ways to learn a professor’s style.
1. Talk to Your Professor: The first and most obvious source of guidance is to ask. You may be surprised about what tips and suggestions she may have. If she conducts a final exam review, attend. Some professors will review in detail issues that they plan to test.
2. Look at Past Exams: Go to your law school website or library for archived exams. Read old exams. How are the questions phrased? What are areas that this professor frequently tests? What is the format? If the professor also makes sample or model answers available, that’s even better.
3. Ask Upper Classmates: If the professor will not discuss her exam policy with you or provide sample past questions, ask your 2L and 3L friends. If nothing else, they will probably remember the general nature of the professor’s prior exams and how much she tested class material.
4. Take Note of Exam Rules and Parameters: Your professor will tell you in class what you’ll be able to bring into the exam room. Professors usually have specific rules about this.
a. Closed Book: If the test is closed book, you must emphasize memory retention in your studies and exam preparation. Use study guides like Primer Series that condense the rules and tests and provide memory tools like acronyms. You need to cover large concepts and worry less about dates and names of cases.
b. Open Book: However, even if the test is open book, you won’t have time to peruse your text or notes. You will rely on an outline, and time is short.
c. Cheating: It’s wrong. It violates your law school’s honor code. It will probably not help you on the exam anyway. You need to know the substance. If you are caught cheating, you will likely be expelled from law school.
C. Decide on a Study Method
1. Stick With What Works for You: What methods should you use to prepare for law school exams? You already know what study tools worked best for you in undergraduate school. If you used color coding in your highlighting or subject dividers, do it in law school.
2. Decide If You Want to Join a Study Group: If you have always preferred to prepare alone, keep doing it. Group study generally proceeds at a slower pace than individual study. If you think you will benefit from a study group, it may be a good idea to find one and try it out. Many suggest a group with a maximum of 5 members each specializing in one of the 1L courses. This is particularly useful if some of the course subjects are difficult for you or you feel overwhelmed. If the group seems inefficient but you still want help, find one partner.
D. Review Your Notes and Perfect Your Outline
At this point, you want to survey the substance of the course outline you have created so far. Go back through the materials you have covered and refresh your memory about what you have learned. You have covered a great deal of information over the length of the course and you’ll be surprised how much you’ve forgotten. You need to tie it all together.
1. Clarify the Tough Spots: If there are still areas or issues that confuse you, review the text. If this does not solve the problem, seek out explanations and help from professors, peers, and secondary study materials.
2. Get Organized: Begin to create a structure for the course materials. What is the most sensible sequencing organizational method for you? It may be the structure that the professor followed in class or the casebook used, but more likely it is your own using the chronology of a quality hornbook such as the Primer Series. You will see patterns and categories of information that can be organized sensibly. It is important that you get the information compartmentalized. This will help you avoid missing important issues when discussing a topic.
3. Outline: Hopefully, you are well on your way to completing your final course outline as discussed in the prior chapter. This is the time to polish, reorganize and perfect that document for use in studying for and taking your exams.
E. Practice Taking Old Tests
The ultimate study method is to practice by taking old exams. This frightens many students who don’t want to have to face how much they still have to learn. Don’t let this stop you; you need to start somewhere. If past exam questions are available, pick a few and take them. The first practice may be a bit daunting, but you’ll be stunned at how much you learn just by making yourself go through the process. Also, it eliminates about 95% of exam-day anxiety, which is usually based on fear of the unknown. If you’ve completed some practice exams, you can go into the real thing with a “been there, done that” feeling of confidence.
1. Start Slowly: On your first run, feel free to take a little extra time to craft a thorough answer. If the exam is closed book, take the first practice exam open book just to make sure you’re covering all the relevant information. Remember, you’re practicing to learn, and you learn by moving the information through your brain. After you finish, review the sample answer and pertinent sections of your outline to check your hits and misses. If your responses were missing or incomplete, review those areas of your outline. Try writing the practice question again after your review. This will really reinforce your understanding and memory.
2. Take Practice Exams for Subject Mastery: The number of practice exams you take will depend on the amount of material to be covered and your particular learning speed. On the last practice, try to simulate real test conditions. You’ll know you’re ready when you are able to complete a full practice exam within the time allotted and produce reasonably good coverage of the issues. You’re not shooting for perfection here - that’s an unrealistic goal. Look for enough progress that you feel good and are able to make your best effort.
F. Review Sessions and Night Before
Go to any review session the professor conducts and listen very carefully to what she says. Once you have thoroughly prepared, give yourself a rest. The night before an exam, cook yourself a nice meal or go out for a relaxing evening. Do not over-study the last night. Get a good night’s sleep. Staying up all night for a cram session is the best way to guarantee that your brain will take a hike when you sit down to take the test.
G. Exam Time
1. Beforehand: Give yourself plenty of time on the morning of the exam. Eat decently. Don’t drink too many liquids. You don’t want to be running to the bathroom every five minutes. Don’t have too much caffeine or sugar. You don’t want to crash in the middle of the exam.
2. Taking the Test: When you sit down to take the exam, go to the instruction page first and read it thoroughly. Make sure you understand the conditions, the time limits, etc. Put your private identifying number on every page - this ensures anonymity in the grading process. Take a deep breath before you start and stay relaxed throughout. Monitor your time, but don’t check so often that you fail to focus. Some people bring a stopwatch so they don’t have to do the “countdown.” If your school allows you your choice of seat during the exam, pick the one where you feel most comfortable and focused.
a. Call of the Question First: The first thing you should read is the “call of the question.” This is the last sentence or sentences in the fact pattern, and it describes the information that the professor wants you to write down. Watch for key phrases, such as “write a memo,” “discuss the rights and liabilities of the parties,” or “list the claims and defenses that could be raised by the parties” that tell you how your answer should be framed.
(1) Examples: In multiple choice, the call will be specific, for example, “Which of the following is the best argument for exclusion of the evidence?” Examples of some essay question calls might be “Discuss the issues raised” or “Assume you are the judge and write an opinion supporting your decision.” These two different calls will produce very different essays, and if you don’t pay attention, the professor will wonder what planet you were on when you wrote the exam.
(2) Focus on Requirements: Make sure you answer the call of the question thoroughly, and don’t stray outside of it. If the call says to ignore federal claims or constitutional issues, ignore them. You will not score any points by showing off your knowledge of issues that are collateral to the exam question.
b. Read Through the Fact Pattern(s) Carefully: Underline, highlight, or otherwise mark facts that raise issues. Look for red herrings - facts that are not really essential.
(1) Circle Names of Parties: You want to quickly identify the various claims at issue (e.g., A v. B, breach of contract claim). Circling the names of the parties, even listing them separately, will go a long way to helping you keep them straight.
(2) Read the Entire Fact Pattern First: If the question is a long narrative, don’t start writing after reading the first few sentences. Facts later in the fact pattern may alter the landscape. Read to the end and then organize your answer before starting to write.
c. Do a Thumbnail Outline: First, you’ll want to organize the answers in a logical structure that mirrors your outline. In other words, just because the facts raise a particular issue first doesn’t necessarily mean that issue should be addressed first. Consider sketching an outline of the issues to be covered (all the trees in your forest). If you don’t have much time to answer, just a thumbnail outline will do. If you have three hours to answer one question, 10 or 15 minutes spent organizing your thoughts is advisable.
H. Writing an Essay Answer
The following essay writing strategy employs a detailed plan for executing the IRAC structure discussed in the previous chapter. Obviously, each professor’s testing style will vary, so you may have to adjust this technique. However, it is a solid structure that will give you guidance.
1. Organization Helps: You need to make it easy for the professor to give you the maximum credit the substance of your answer deserves. Simple, step-by-step organization is the key to a clear and concise writing style. This includes three structural rules.
a. Discrete Issue Discussion: Every paragraph should clearly discuss one major issue of the subject presented in a logical sequence. The paragraph coverage should be introduced with one word or a brief phrase.
b. Supporting Sentences: Each sentence should be arranged to support the key idea or issue within each paragraph.
2. Use Your Time Wisely: You will be up against a strict time limit as you write your exam. The trick is to use all the time to your best advantage without exceeding the maximum time allowed.
(1) Obey Time Limits: Pay close attention to the time allocated and pace yourself accordingly. Your classmates will notice if you use more time than allowed, so stop writing when time has expired.
(2) Time Allocation: If the exam has more than one question, consider spending a little more time on the difficult questions. At the end of each question, check your time. Don’t run short of time to write a full answer for the every question, fight for every possible point!
3. Overall Organization and Presentation: As described above, every paragraph should clearly discuss a major issue, and paragraphs should be presented in a logical sequence. Each sentence should be arranged to explain the issue presented. The active voice Subject-Verb-Object order should be used in each sentence. Here are some other strategies and tips:
4. The Four-Step IRAC Writing System: You should develop a writing method that can be applied consistently to any fact pattern in any subject. It is not enough to know substantive law; you must also know how to organize and convey such substantive law to the professor within the time allotted and in the best presentation style possible. The IRAC methods, discussed in the last chapter, should be utilized here.
a. Flag Issues: If you are discussing outcomes based upon multiple issues, each paragraph should start with one short word or phrase identifying the issue discussed in that paragraph.
(1) Format: This could be one word, a phrase, or a short question, preferably using the applicable legal terminology. Underlining, indenting, or boxing the issue helps the professor.
(2) Example: At the beginning of a paragraph discussing custody issues in a family law question, the flag could be “Residential Placement.”
b. State the Rule(s): This is an important step and should not be too cursory or simplistic. This is where you are demonstrating your thorough knowledge of the laws and principles that you have learned throughout the term.
(1) Body of Laws: You need to be familiar with and explain the relevant body of applicable authority governing the issue, including constitutional clauses, statutes, case law, administrative rules and decisions, local laws, and policy arguments.
(2) Boilerplate Language: It is helpful to have certain bedrock principles of law memorized and ready to throw down on the page. As your classes proceed, you will know what rules are most commonly tested, and these are the ones you should know by heart.
(3) Example: From Civil Procedure: “Under RCW 4.16.170, an action is tentatively commenced when P (1) serves the Summons & Complaint, (2) files the Complaint, or (3) does both. The Statute of Limitations is then tolled for 90 days to allow P to complete both steps.”
(4) Don’t Omit Adverse Authority: Discuss all authority, even if it has a holding contrary to your desired outcome. During your analysis you will need to explain why adverse authority is inapplicable based on this particular set of facts, so you will need to provide the professor with all of the law you are going to discuss.
c. Engage in Thorough Analysis: Your professor wants to see precise, complete, creative analysis. In law school exams, your analytical skills will help you to rise above the rest. The professor will often present a novel and intricate fact pattern that could go either way in terms of outcome and ask you to make a ruling on it. If that is the case take a position and defend it, using the legal authority you have learned in your studies.
(1) Discuss the Rationale, Not Just the Rule: Room for argument most often occurs within the context of a court opinion. In its opinion, the court will use logic and precedent to explain the outcome. Good analysis deconstructs this reasoning and either applies or rejects it in the context of the current facts.
(2) You Don’t Have to Agree with the Rule as it Stands: If you have a logical, reasonable argument to make against the existing rule, make it! Don’t go out on a limb for the sake of it, but likewise don’t feel tethered by the existing law. Use your brain and stand out from the crowd.
d. Conclusion: You have explained the rule, analyzed the situation, and argued a position. Your conclusion is where you tie your package in a neat bow.
5. Avoid a Mere “Brain Dump”: Do not discuss everything you know about a topic. Emphasize the issues actually raised by the facts.
6. Use a Format Conducive to Your Style: Skipping a line between paragraphs gives visual relief and allows added thoughts later. This is especially important if you write small or slowly.
7. Don’t Quote or Cite Cases Extensively: This is a particularly pernicious error made in take-home exams, where students try to beef up their answers with long citations. The professor wants to know what you know, not what you were able to memorize from a case or transcribe from your outline. If there are a few relevant cases that relate to principles that are regularly cited as authority, mention them. But stick to substance most of all.
8. Keep the Big Picture in Mind: Try to discuss the issues in a logical structure according to the call of the question. Don’t let the pressure of the exam room put “blinders” on you. Keep the whole forest in mind so that you don’t get bogged down with minutia or miss obvious issues.
9. Fight for the Best Grade Possible: Unless you are totally out of space and/or time, keep on working. Again, if you feel you have covered everything but you still have time, stop, stretch, and take a step back. Go slowly through your outline (in your mind or in front of you) and look for missed issues. Reread the facts - did you underline or highlight something that you meant to cover and then forgot? Is that fact really a red herring? This is your time to shine.
10. Sample Question and Answer: Below is a model of a short-form essay question and answer that you might encounter on a law school exam. Look at the succinct IRAC structure in action, and note the precision of language, legal rule statements, use of proper legal terminology, and application to the facts presented.
Question: On December 1, 2003, Jack entered into a valid written contact with Tim, an experienced pool contractor, to have a swimming pool and spa built in Jack’s Seattle, Washington, back yard.
Jack told Tim he wanted to have his pool and spa completed for a party to celebrate his 40th birthday on April 1, 2004.
Tim had offered to build the pool for $30,000 and the spa for $10,000. The parties agreed on a combined price of $35,000 for the entire project. The pool was to be 10 feet at the deep end. The spa was to be incorporated into a deck and partially above ground. The pool and spa were designed to share a common heater, filter and piping system.
Construction started on February 1, 2004. After being on the job for one week, Tim had substantially completed the spa and had mounted the heater and filter on a concrete slab. When he started excavating the pool, Tim discovered a layer of bedrock six feet below ground. This discovery was a surprise to Tim and Jack.
Tim told Jack that it would cost an additional $10,000 to blast out the rock to complete the deep end. Alternatively, Tim suggested two possible solutions. First, the pool could be built without a deep end, as a lap pool. Tim offered to do this for $5,000 less than the original contract price. The second option was to complete the spa without the pool. Tim offered to do this at his actual cost. However, this would leave Jack with an oversized heating and plumbing system.
Jack seeks your advice as to whether he must accept Tim’s proposal or if he may demand that Tim complete the entire project as agreed, for their agreed-upon price. Jack also wants to know if he can hire a landscaper to restore his yard and bill Tim for the cost, and whether he would have to pay Tim for the work he completed. Jack also wants to charge Tim for the rental of a private club for his birthday party.
Advise Jack on his rights and liabilities.
Answer:
Contract Formation: For this to be a valid contract, there must be an offer, an acceptance, that accepts with the identical terms of the offer, and consideration. Here, Tim has made an offer to build the pool, which is a specific bargain with intent to enter an agreement, and made to a specific offeree, Jack. It is an offer for a bilateral contract, since it seeks a promise for a promise (promise to build for promise to pay). Jack has accepted because he has not added any terms at the time of his acceptance. There is legal consideration because there are exchanged promises for legal detriment by the promise to pay and build.
Mutual Mistake: The next issue is regarding a possible mutual mistake as to a basic assumption of material fact to the contract, the bedrock. If the existence of the bedrock was a mutual mistake essential to the contract, the contract might be voidable by either party. Here the bedrock was a surprise to both. However, if the risk of this mistake has been allocated, then the contract is not voidable. Because Tim was an experienced pool contractor, he may have knowledge such that he should have known about the possibility of bedrock, and thus may be deemed to have accepted the risk.
Statute of Frauds: Certain contracts must be in writing, such as those that cannot be completed in a year, or for the sale of real estate. But this is probably not a major issue here, as the contract was validly written.
< B>Condition Precedent: The next issue is whether there is a condition of the contract that must be satisfied. Explicit conditions must be literally complied with; if implied, it must be substantially complied with. Here, Jack wanted the pool and spa completed for his birthday, but it is not clear if he used explicit language to condition completion by this certain time. The time frame appears to have been part of the contract, but a court might interpret it as an obligation rather than a condition, so that the contract can still be performed rather than excused.
Modification: The next issue is whether there has been a modification by the parties. The parties can modify their existing contract, but a modification needs the same elements of a contract: offer, acceptance, and consideration. Here, Tim has made two proposals that are offers, as they contain specific terms for specific bargains, but Jack has not specifically accepted either. Both offers do contain consideration: the first is that Tim would do the work for less money; the second is that Jack would be giving up part of his bargain. But again, Jack has not yet accepted. If he does accept one of these proposals, then there would be a new contract and he would not be able to sue on the previous contract.
Performance: The next issue is whether Tim’s duty to perform has been discharged, or whether he still must perform and such performance can be demanded by Jack. Duties can be discharged by impossibility or by frustration of purpose, if the circumstances are such that performance is impossible, or that the purpose of the contract no longer exists. Here, the bedrock does not make performance impossible, as Tim has indicated he could still perform. But, there may be frustration of purpose, as the entire purpose of the contract is possibly no longer in existence, depending on whether it cannot be performed on the terms of the contract, or if it is not going to be completed in time for Jack’s birthday. But again, if the risk has been allocated, such that Tim because of his experience and expertise has been deemed to have accepted the risk, then he may not be able to claim frustration of purpose. If so, Jack might be able to demand that Tim complete the entire project as agreed.
Remedies: The next issue is possible remedies. Because Tim has only substantially performed but not completed, and because of the difficulties encountered, benefit of the bargain damages are probably not appropriate because they cannot be determined. Restitution may be appropriate for the work Tim has already completed. As to the cost of landscaping, this was not part of the contract, and Jack cannot add a new term such as this unless he claims it as a consequential damage; if so, it must have been contemplated by the parties from the beginning, under the rule from Hadley. As to the private club rental, the same rule applies: but here, this might have been contemplated by both parties as Tim knew of the need to complete before Jack’s birthday. Jack might be even able to argue for specific performance if the pool and spa are unique enough, and court supervision would not be too difficult.I. Post-Exam
1. Celebrate! The exam is over: Even if you are just treating yourself to a little something, you deserve a reward and a break.
2. Don’t Obsess Over the Exam With Others: Resist the temptation to “debrief” about the exam with other students. There are three very good reasons why “replaying” any exam is counter-productive.
a. Negative Attitude: First, when somebody mentions some issue that you didn’t address, you’ll feel anxiety. A short-term critique inevitably focuses on omissions. This produces the terror of the post-mortem critique. Sure you missed issues. Everyone missed issues. Most professors will tell you their exam questions are not written to elicit perfect answers, but to challenge the students.
b. Inconclusive: Second, many students will trumpet confidently about some great insight they had on an issue thus making you feel inadequate. They are not grading the exam and they have not seen the grading guide of issues for which the points are awarded. Who is to say their insight was more accurate or relevant than yours?
c. Irrelevant: Finally, discussing the exam won’t change anything. It’s over and whatever you have submitted has gone to the jury; you need to press forward. Move on to the next exam, or if you are done, move on to the celebration! You’ll have plenty of time to mope and stress in the days preceeding the release of the grades.
3. Don’t Sweat Mid-Year Grades Too Much: The two weeks or so before grades come out at mid-year is a very stressful time for many 1Ls. Don’t worry. One law school exam never made or broke anyone. Unless you are one of the few academic whiz kids of the class, you will have at least one disappointing grade. You will look at this grade and think, “Well, that’s it, I believed all along I couldn’t cut it here, and this is the proof.” Resist the temptation to over-dramatize.
4. Grade Comparisons: Resist the temptation to compare your grades with your friends’ grades. If your grades are better, your friends will feel bad. If your grades are worse, you will feel bad. This is a no-win situation.
5. Don’t Give Up: If you don’t feel you did as well as you would have liked on an exam, review your exam and learn from your experience. That is why you are in law school. You are not here to prove some arrogant point about you being the smartest, best student. Leave that to the jerks of the world.
6. Improve Your Performance: Exams measure learning, but the learning does not end when you put down your pen at the end of the test. Review your answer and the model answer. Perhaps ask the professor how you can improve your future performance. Look at the answers submitted by students who received higher scores. Learn from your mistakes.
Congratulations! You have prepared for and taken your first law school exams. It gets easier from here, because now you know the ropes.
