You don’t have to be great to start, but you have to start to be great. Zig Ziglar

You don’t have to be great to start, but you have to start to be great. Zig Ziglar

Thursday, December 9, 2010

First Year Examinations - One Substantive Subject At A Time.

Let's talk about final examinations for first year students. Before I go into detail, let me tell you a few things that you must be made aware of prior to going into the examination. I will assume that most of you have already taken at least one first-year exam already. So, here goes.

1. Don't Wish That You Get Run Over By A Truck On Your Way To The Torts Final. That is not a good way to get you where you want to go, which is into the second semester of your first year of law school. I know that it is not a good idea because I actually said these words while traveling to school to sit for the final in Torts. Nothing hit me or harmed me, so I was fortunate, but you have to be careful about what you wish for - - some things you do not want to happen. Also, I realized, much later, that I knew more than I thought I did for that exam. You just don't know how much you know, at the time you are doing all of the wishing for the truck.

2. Going Into The Exam: A Bunch of You Will Be Nervous, Anxious, Even Overwhelmed; Several of You Will Be Confident & Courageous. Whatever you can do to steel your nerves, do it. Count to ten or twenty very slowly. Be conscious of your movements. Think about the task at hand and what you have already planned to do when it is time to open your bluebook or type onto the computer screen. Breathe. Slowly. That's right. You can do it. Breathe in. Breathe out. Move. Breathe in. Breathe out. Move. Channel your efforts and stay away the outcome. The one thing that combats nervousness is A-C-T-I-O-N. Action means M-O-V-E-M-E-N-T. Movement means O-R-G-A-N-I-Z-E the area around you. Organization means that you place the items that you are allowed to bring into the exam in the exact spot where you plan on using them. You want to be ready when the proctor says, start.

When the clock begins, I want you to slow it down. Again. Take your time. KEEP BREATHING S-L-O-W-L-Y. Details later.

Confident & Courageous Folk. How are you? Ready to rock and roll? Good. Alright. I want you to listen to me. Get close. Ready? Okay - here we go. Confident and Courageous people often move too quickly during the exam. Turning pages & writing. Yes, they do. They look like Speed Racer.

Guess what I want you to do. Start at the beginning of this #2 and SLOW it down. Yes, you can move at a good clip - a nice pace, but if you move too fast, you might miss something. And I don't want you to miss anything. Nothing! I have to be careful because I don't want to slow down the way you normally move through a fact pattern. You won't feel the same and that, in the long run, may hurt you.

So, I need you to pledge allegiance to this next statement: "I, Student Exam Taker, do solemnly swear, that if I am Confident & Courageous or Nervous or Anxious, that I will still slow down and read the questions on the exam, again (and read over my answer)." You swear? "I swear." Okay, now we are good.

I ALSO PROMISE NOT TO LEAVE THE EXAM UNTIL TIME IS UP NO MATTER HOW MUCH I LONG FOR IT TO BE OVER OR HOW MANY TIMES I HAVE REVIEWED MY ANSWER.

I REALIZE THAT I AM A FIRST-YEAR STUDENT. I WILL TAKE IN EVERYTHING. I WON'T HURRY BECAUSE I DON'T KNOW WHAT I MIGHT REMEMBER IN THE NEXT 15 MINUTES. I CAN WAIT.

I DON'T HAVE ANYTHING TO LOSE BY WAITING UNTIL TIME HAS ENDED.

C'mon now, "I pledge ... ."

3. Don't Talk To Everyone At the Exam Before You Enter The Room To Take The Exam. That will tear up every nerve cell you have in your body and it will make you a host of enemies for the Spring 2011 semester.

4. The Old Adage Re: Dressing in Layers Is True. Put yourself in a position to take off clothing. There is nothing worse than being so cold that you cannot concentrate at all. You cannot concentrate on the material, on writing, on thinking. On nothing. Your mind is drawing a blank. Just remember to take off clothing when you are hot. Don't faint.

5. Speaking of Fainting. Watch what you eat that morning or afternoon. Eat something that you would normally eat. If you eat chips and a coke for breakfast every morning, then today is not the day for a bran muffin and coffee. Your body is used to you. Not someone else. Don't eat something that you love a lot, but don't eat it that often, and now you want to eat it because today is special. It's a special day alright - just like this food that you haven't eaten in 18 months. Well, we all know what that can lead to - yes, a special moment during the exam. Don't disturb everyone else because you could not stick to a simple regimen of eating what you would normally eat.

6. Do You Hear What I Hear? Stop when you are told to stop. Otherwise, it is an honor code violation. Honor code violations can bring havoc on your character and fitness review at a later date. You know. That thing they call the bar exam ... offered by your jurisdiction ... two times a year? Stop. Also, don't cheat. Don't look, don't touch, don't smile, don't frown, don't drop pens, don't look at the inside of your wrist, fold your skirt up, go to the restroom and look at some answers on the wall. DON'T DO IT. Honor Code. Violation. Cheat. School Record. Character and Fitness Review. No bar exam. No passing. No swearing in ... . The list can go on, but I don't want it to because it does not have to happen to you!

7. What's In The C.A.R.D.D.S. for you? Deal your own hand.
C means cause
A means of Action
A means Analyze Actively
R means Remedy
D means Defense
D means Damages
S means Synthesize

The answer to just about any legal query should contain some thoughts about these special words. You must state a cause of action, analyze it in an active voice, include a remedy, and add any defenses. You should always include damages. Last, but surely, not least, synthesize the law you will use.

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