Law StudEnt SurvivaL GuidE 9StUdy SUCCeSS StePS To LAw
Law StudEntSurvivaL GuidEStePS to LAwStUdy SUCCeSS92nd edition CLAire MACkenLawbook Co.
Step 6978645321BPreparing fora law examWhen it comes to a law exam, I often think the front coverwould be served well by the sensible words on the cover ofthe Hitchhiker’s Guide to the Galaxy, written in large friendlyletters:Don’t panic!In my time as a law student, I have seen students hyperventilateon entering the exam room, burst into tears on more than oneoccasion, throw up, look as pale as a ghost, physically shakeand, of course, panic.Why?@ A law exam induces panic because in most cases there is aneed to pass the exam to pass the subject. Although thereare many different forms of assessment in different lawLaw Student Survival GuideMacken - Law Student Survival Guide.indd 8585b28/9/09 1:16:35 PM
schools, in some law subjects law exams are worth from60% right up to 100% of the assessment. Panic is an understandable reaction when a large portion of assessment ina law subject is based on individual performance in a 2-,3- or 4-hour session on one single day.@ Panic can also be caused by inadequate preparation for theexam and the consequent fear of failure, frustration at notknowing the answer or guilt and regret that you did notstudy harder or that you have missed examinable issues.@ Alternatively,panic can be caused by you putting toomuch pressure on yourself to achieve, having studiedintensely and knowing the intricacies of the subject. Youdo not want to feel disappointed with a poor result after somuch hard work.@ Closelyrelated to this last scenario is panic that resultsfrom the expectations placed on you by family, friends orcolleagues to do well in this particular exam.This Step of the Survival Guide gives you some ideas, hints andtips on succeeding in law exams.Preparing for a law examTAKE CONTROL OF YOUR NERVESSo you’re nervous about a law exam? Feeling anxious, apprehensive, concerned, scared?12Although it is true that some students do fail in law exams,most don’t. If you have spent time studying the law subject,86Law Student Survival Guide6bRemember that you are most certainly not alone. Feelingnervous before completing a law exam is perfectly understandable and normal, and many of your fellow students feel exactlythe same way as you.Macken - Law Student Survival Guide.indd 8628/9/09 1:16:35 PM
reading cases and understanding the principles of law, it is morelikely than not you will pass the exam.3You could try to think of your nerves in a different way!Rather than feeling nervous, think of the feeling as excitement!In your preparation leading up to the exam, feeling excited(nervous) is a sign that you are motivated to achieve, you wantto be productive, learn effectively and perform in the exam ata high level.If you do have a law exam as a significant component of yourlaw assessment, be “exam-focused” throughout the semester.This approach can make any pre-exam nerves manageable sothat you can feel confident in your abilities as a law student.In your studies, project ahead to the arguments you need forthe exam situation and, in studying the subject, write studynotes that can be condensed to summary notes. All of thesetechniques are explained in Step 5 of this Survival Guide.In addition you should:@ Change your study techniques in the weeks leading up tothe exam.@ In the few days before a law exam, implement simple steps tocalm your nerves, use anxiety constructively and ensure youare in a mental and physical position to perform well onthe day of the exam.6Law Student Survival GuideMacken - Law Student Survival Guide.indd 8787bPreparing for a law examThis section of the Survival Guide will now deal with each ofthese steps separately.28/9/09 1:16:35 PM
Reading this too late? How to pre-exam cramThe hints and tips in this Step of the Survival Guide aredesigned for students who have worked throughout thesemester, steadily learning the law subject they are studyingand preparing summaries of the law and cases in study notesand summary notes.This learning approach may not be a reality for some lawstudents, for whatever reason. It’s (usually) not too late tolearn, but you have to be committed to pre-exam cram!Here are 3 steps to implement:1 Resolve to fix your study techniques for nextsemester.You know that in leaving it too late, you’ve probablyworked just as hard or even harder in the weeks before theexam than students who have plugged away all semester.Resolve now to implement efficient and productivelearning habits for your next law subject.2 Implement pre-exam cramming techniques.See Step 9: Problem “I have too much to do, I don’t knowwhere to start” for specific tips on pre-exam cramming.3 Write an intense pre-exam study schedule.Preparing for a law examWrite a study schedule based on the amount of availablestudy time you have left until the exam. To write a studyschedule, use the instructions given in Step 3 of this SurvivalGuide for weekly schedules, adjusting the timeframeaccordingly.88Law Student Survival Guide6bMacken - Law Student Survival Guide.indd 8828/9/09 1:16:35 PM
If you are planning to pre-exam cram, you must be prepared to workextremely hard in a concentrated period of time. This means youwill have to cancel any unnecessary demands on your timeand apportion sufficient time to learn a law subject in a shortperiod of time. Depending on the amount of knowledge youneed to acquire, this could mean making time to study for evenup to (or beyond) 8 hours every day leading up to the exam,scheduling in times for breaks and rests. Remember thoughto only allocate 4-hour study sessions as a maximum – you aremuch better off taking a break and refreshing than continuingto study for hours on end and achieving little.Instead of writing a weekly schedule based on Monday–Fridayof a semester, draw up a schedule for the days remaining untilthe exam (see example table below). For each of the days youhave, schedule in 3–4 hour blocks of study with breaks inbetween and leaving sufficient time to sleep (8 hours) and eat.Schedule in a break to get well away from study, such as a gymsession, walk, afternoon off or TV time. You will need to studyto obtain sufficient knowledge to pass the exam, perhaps 8 hours everyday.Macken - Law Student Survival Guide.indd 8989bPreparing for a law examLaw Student Survival Guide6Now that you have study blocks, you must write a list ofthings to do, prioritising them in order of importance. At eachstudy session, tick off your achievements. Leave each intensestudy session knowing exactly where you pick up study again.Implement study techniques from Step 4 of this Survival Guide.It is probably best to avoid this method of learning as it is morestressful than a paced week-by-week approach!28/9/09 1:16:35 PM
6bSundayWake dyBreakBreakStudyStudyTime offTime offTime6 am907 am8 am9 am10 amMacken - Law Student Survival Guide.indd 9011 am12 pm1 pm2 pm3 pm4 pm5 pm6 pm7 pm8 pm9 pm10 pmTime offTime offStudyStudyStudyFree timeFree timeFree timeFree timeFree timeStudyStudyBreakStudyStudyStudyWake upMondayPreparing for a law examStudyStudyStudyTime offTime offStudyStudyTime offTime offStudyStudyStudyStudyTime offTime offTime offWake udyStudyStudyStudyFree timeFree timeFree timeFree timeFree timeFree timeWake upTime offTime offTime offTime offTime offTime offTime ke upThursdayFridayStudyStudyBreakStudyStudyStudyTime offTime offStudyStudyTime offTime offStudyStudyFree timeFree timeWake upSaturdayTime offTime offTime offTime offStudyStudyStudyTime offTime offStudyStudyStudyTime offTime offStudyStudyWake upSundayStudyStudyStudyStudyTime offTime offTime offStudyStudyStudyTime offTime offTime offTime offTime offTime offWake akBreakStudyStudyStudyTime offTime offStudyStudyWake upStudy planner for exam pre-crammingBased on 10 days before an examLaw Student Survival Guide28/9/09 1:16:35 PM
CHANGE YOUR LEARNINGTECHNIQUES LEADING UP TOTHE EXAMThe following suggestions are for those of you who do notneed to pre-exam cram. It’s a good idea to change your studytechniques in the last few weeks leading up to the exam.Practice, practice and more practice!JThe single most useful and important exampreparation you can do is to practise and thendo more practice!Practise throughout the semester, stepping up to more and morepractice in the last weeks before the exam. Law exam practiceis perhaps the single most useful preparation you can do for alaw exam. It is through this process that you learn the law andhow you will apply it in an exam situation.Learning law in theory and reading legal principles in abstractwill never test your ability to apply these principles to variousfact patterns. The key to understanding the law and to achievingin a law exam is to:@ successfully identify legal issues;6@ apply the law to the facts of the problem.For most, it is a difficult task to do this in an actual exam settingwithout practising first.Law Student Survival GuideMacken - Law Student Survival Guide.indd 9191bPreparing for a law exam@ isolate the appropriate legal principle; and28/9/09 1:16:35 PM
Finding practice questionsPractise as many past exam papers and review questions as you canget your hands on! For example: complete past exam papers from previous years from youruniversity – they may be available in the library or fromyour lecturer; borrow from the library resources in your law subject withquestions and (sometimes) answers – these may be calledQuestions and Answers or Tutorial Series; search online for Australian exam papers on your lawsubject – ensure the questions are appropriate for yourneeds; test yourself by writing your own practice questions.Incorporating practice questions into your exampreparationPreparing for a law exam1During the semester, once you have finished a particular subjectof the course and completed your summary notes for that area,test your notes by completing a question in that area of the lawsubject. Ask yourself: Do my notes cover the scenarios raised bythe questions? What sort of issues arise out of the fact problemhere? Update and clarify your notes through this process.2During the semester, when you have finished a definableportion of the course (a very large section covering severaltopics, for example), complete a practice exam on that area.3In the last few weeks before an exam, start completingentire practice questions and answers spanning across theentire law subject. This should serve as a consolidation ofyour knowledge – for instance:92Law Student Survival Guide6bMacken - Law Student Survival Guide.indd 9228/9/09 1:16:35 PM
It is a good idea to write some answers out in full, so youget some idea of the amount to write in the time pressuresof an exam. As well as writing out full answers, it is also beneficial towrite out a detailed dot-point answer of exactly what youwould argue and the legal principles you would rely uponin the exam. Just reading through a question will generally not help – youmay be surprised when you sit down to actually answer it. As a general guide, complete at least 4–5 fully written outanswers before the exam and dot-point answers for anyother review questions or previous exams you can find.4Save at least one exam paper for the last 2 weeks of exampreparation. To allow sufficient time to fix your problems,actually complete the exam in exam conditions and time – thatis, without any distractions or leaving and coming back toit – and work all the way through.Having completed all of the above, you may be surprised at theamount or type of revision you need to do. You may also besurprised at how little time in a law exam you have to completethe set questions. Practising exams will usually reveal the gapsand deficiencies in summary notes and the areas of the lawsubject to work on leading up to the exam.6In the last few weeks before the exam, write summaries of yoursummary notes.All semester you have written study notes, and then summarisedand condensed that information into shorter summary notes.Yet, writing summaries of your summary notes is an excellentLaw Student Survival GuideMacken - Law Student Survival Guide.indd 9393bPreparing for a law examWrite summaries of your summary notes28/9/09 1:16:35 PM
way to prepare for the exam. It consolidates your knowledge,puts the law subject in context and enables you to identifyissues. Think what will work best for you. Lists? Tables?Charts? Flowcharts? Diagrams? Pictures?Some ideas are:@ Writea summary of all the causes of action within a lawsubject, including the elements to prove and legal principlesto apply. Compile a table on an A4 page (try rotating thepage to landscape format to make more room), filling inthe headings, as suggested in the table below:Cause of actionElementTests to applyThe area of law yousue under.The elements toprove in establishingthe cause of action (anumbered list is easyand clear to read).Briefly summarise themajor legal principlesthat apply to provethe cause of actionand help explain eachelement.For each cause ofaction within yourlaw subject, fill in eachseparate row, an areaof law to sue under.For each cause ofaction, fill in a separaterow with the elementsto prove.For each cause ofaction, fill in thespecific tests to applyto prove each elementwithin the cause ofaction.Preparing for a law exam@ Summarisethe cases in the subject you are studying onone A4 page. Just include the case name, a few wordsreminding you of the facts and keywords of the area of lawit concerns.@ Think of ways to summarise how areas of the law subjectfit together, the law subject as a whole, or legal issues orelements that overlap.94Law Student Survival Guide6bMacken - Law Student Survival Guide.indd 9428/9/09 1:16:36 PM
@ Anothertable could be compiled on related causes ofaction – that is, if you have a cause of action under thisarea of the law, you may also have a cause of action underthat area. In the table you should think of the similarities,differences, overlap and common elements between causes ofaction within a subject. For example, in criminal law,there may be overlap between manslaughter and murder,in torts between battery and assault, etc.Set up, organise, label and tab your examfolderIn the last few weeks before the exam set up your exam folder.This should happen earlier rather than later so you becomefamiliar with the structure of your summary notes. This foldershould be designed as your exclusive and sole exam resource,designed to allow you to effectively and efficiently apply yourlegal knowledge in a law exam.Your exam folder should contain:1 summary notes: 30–50 pages at most;2 exam summaries: a few pages;3 practice questions and answers; and64 time breakdown for the exam (how many minutes permark or per question).Your exam folder can be an A4 with hole punches, displaybooks with plastic sleeves etc. Look around for ideas forpresenting your summary notes, bearing in mind:Law Student Survival GuideMacken - Law Student Survival Guide.indd 9595bPreparing for a law exam(You should not need to take your study notes into the exam asthey should be fully incorporated into your summary notes, butyou might like to take them for reference if they are needed.)28/9/09 1:16:36 PM
@ Inorganising your folder, the legal principle you needmust be at your fingertips, right when you need it. Youmust be able to turn to the page you need quickly andeasily so you have the law ready to apply right in front ofyou.@ Whenchoosing your exam folder it must easily fit onyour exam desk without being too much in the way whileyou are writing – anything larger than A4 is probably tooburdensome.One important aim in preparing your summary notes folderis to avoid flick, flick, flicking in an exam, the product of toomany summary notes. When you compile summary notes fromyour study notes (by following Step 5 of this Survival Guide),remember your aim is to summarise to reduce the volumeof your summary notes for the purpose of using them in anexam.A second way to improve the effectiveness and organisation ofyour exam folder is to tab, index or file your exam folder inan easy-to-use way. There are many different labelling systemsyou can use for your exam folder; have a look around thestationery shops for some ideas. For instance:@ Find small sticky paper notepads and cut to size for labels,Preparing for a law examsticky-taping each to your summary notes.@ Attachcolourful paperclips to your folder with ahandwritten label attached to each.@ Use sticky envelope labels and fold to turn into a tab.@ Usecolour-coding for labels, find bright pink, blue oryellow card.96Law Student Survival Guide6bMacken - Law Student Survival Guide.indd 9628/9/09 1:16:36 PM
@ Write your label on ordinary paper and cut it out. Get apiece of sticky tape twice the size of the label. Stick thelabel on to the sticky tape leaving enough edge to stickon to your page. Fold the sticky tape underneath to theback of your page. Trim your labels at the end for uniformsize.When choosing labels make sure:@ your labels are easy to see;@ thelabels you choose are sturdy and unlikely to fall off.You’ll probably keep summary notes for future referenceand strong labels will last for years;@ thelabel you give to each section is appropriate!(Remember, there’s not much space on a label.) What isthe one word that describes that area of the law to you? Isthere an appropriate abbreviation you can use?THE LAST FEW DAYS BEFOREAN EXAMMake sure you get some sleep!6Fatigue seriously affects your ability to have a clear and lucidmind. You are much better having a sleep the night before anexam than staying up for hours the night before. At some pointyou must draw the line and say: “That’s it. I’ve learnt as muchas I can.” Drawing the line at the exam room door is probablytoo late. Will you really learn that much more by crammingthe few minutes before walking in?Law Student Survival GuideMacken - Law Student Survival Guide.indd 9797bPreparing for a law examOn a more serious note, stay away from alcohol and mindaltering prescription or illegal drugs that will artificially assist you28/9/09 1:16:36 PM
in staying awake. A law exam is a stressful situation, where youare required to demonstrate sophisticated legal knowledge in ashort time, but alcohol or drugs are not a solution to stress ineither the short or long term. Law exams are one of the stepsto prepare you for the professional world – it’s better to learnhow to cope with your anxiety now than a few years downthe track.If you are having problems coping with stress, or you areturning to alcohol or drugs to deal with the stress of studyinglaw, there are university counsellors or medical professionals togive you better strategies to cope.Pack your bag the day before!Write a last-minute checklist so you do not forget importantexam items.Checklist Preparing for a law exam 98Different coloured pens – red, blue, green – you canuse them to remind yourself of areas to cover in theexam or for headings or subheadings.Your student number and identification card – you willbe asked for them.Your neatly organised and tabbed summary notes.If necessary, the one textbook you have principallyrelied on all semester.A bottle of water.Law Student Survival Guide6bPens – take several (5 or 6) – if they are going to runout, the middle of an exam is the most likely time.Macken - Law Student Survival Guide.indd 9828/9/09 1:16:36 PM
A watch, clock or timer to keep track of time – mostexam rooms will have one, but your view may beobscured or the clock may not work.Anything else – it’s a long exam! Headache relief?Tissues? A snack? Sometimes a sugary packet of lolliesfor the last hour will get you through and increaseyour concentration (just test out your reaction to thisbeforehand and check your university exam policies
6 Preparing for a law exam b 88 Law Student Survival Guide Reading this too late? How to pre-exam cram The hints and tips in this Step of the Survival Guide are designed for students who have worked throughout the semester, steadily learning the law subject they are studying and preparing summaries of the law and cases in study notes
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This First Year Survival Guide is adapted from the work of the College of Science, Health and Engineering (SHE) First Year Survival Guide and previous versions of the La Trobe Business School & Law School First Year Survival Guide (2015), and Humanities &
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