1. Equal Protection and Due Process are different.  Sure, they overlap a lot, but you absolutely need to understand the difference. When we classify people, by any classification (race, alienage, hair color, profession) we are in equal protection territory. If, however, you are dealing with something that applies to everyone, and is a “right”, we are dealing with Substantive Due Process (ie, abortion).  Sure, there can be overlap – with the issue of same sex marriage, we have equal protection issues (sexuality) and rights (marriage), but you STILL have to take one issue at a time.
2. Know your scrutinies. Don’t paraphrase them, know them, memorize them, tattoo them on your forehead. Strict scrutiny means that the government has the burden of proving the statute is narrowly tailored to a compelling government interest. Intermediate scrutiny means that the government has the burden of proving that the statute is substantially tailored to meet an important government interest. In rational basis the plaintiff has the burden of proving that the statute is NOT rationally related to a legitimate government interest. Know who has the burden, make a chart to when these apply and memorize it.
3. Don’t dismiss an issue.  A lot of my students fail to bring up certain issues because they think the plaintiff will not prevail. This is not a good idea. For instance, they see someone classified based on hair color, correctly assume that, in that case, rational basis would apply, then never bring up equal protection since the government would most likely win. This may be very true, however, I am almost certain your professor STILL wants you to bring up the claim, and explain WHY the plaintiff would not win.
4. Congress can’t do anything it please.  Know that Congress has limited powers, namely the power to regulate interstate commerce and the power to tax and spend. If you see a fact pattern where Congress is acting, make sure they actually have the power to do so.
5. Don’t invent rights. We honestly don’t have that many, so don’t make them up.  I would make a chart, outlining the rights we DO have (the fundamental rights, like the right to privacy, to marry and to vote) and then highlight those rights with examples from cases you read in class.  Don’t assume we have rights that were NOT mentioned in those cases.

Above all else, do not be afraid to ARGUE. That is mostly the point of training to be a lawyer!

Our instructors set you up with a study schedule (and no, it’s not too late to start, even if your finals are next week!), and go through practice exams and hypos with you, as well as help ensure that you have mastered the necessary substantive law.

Because we know our students are stressed beyond belief right now, LawTutors is offering FREE TUTORING for finals for new students! Between now and May 20th, 2010, get 15 minutes of free phone or email tutoring from one of our qualified Attorney Instructors.

Call the office, 617-738-4800, or email info@lawtutors.net to sign up with a personal instructor, and get your 15 minutes free! (Please note, restrictions apply)

1) Be calm. Hey, I can see you rolling your eyes at me! Stop that. I’m serious, remain calm. Anxiety and stress are yet two more foes for exams, so please do not indulge them. The more anxious and stressed you are, the less likely you are to remember things. Who wants that?

2) Take One Thing At A Time. This is part of the answer to “ok fine Melissa, but HOW do I remain calm? Have you TAKEN law school exams? Do you KNOW what kind of pressure I am under?” Yes and yes. And honestly, If you feel yourself becoming overwhelmed; stop, breath, grab some chocolate and make a to do list. Then, tackle one thing at a time. That’s all you can do. Stop stressing about how many exams you have, and how many more cases you have to read, and how you haven’t started outlining and oh my god I haven’t even done a practice hypo yet………and just resolve to tackle all of this one step at a time. That’s all you can do, AND once you resolve to do that, you will feel calmer, and trust me you will get more done. Because stressing about how much you have to do doesn’t ACTUALLY get any of it done.

3) Practice, Practice, Practice. Yes, I know how much work you have to do. Yes, I know that writing out practice exams is not exactly your idea of fun. Well, suck it up. However, please believe me when I say that nothing prepares you for your final exams like practicing for them. You wouldn’t go on stage and sing without first practicing (drunken karaoke aside! And really, let’s not treat exams like karaoke!), if you were on a sports team and had a game coming up, again, you’d practice. So why are exams any different? Some schools have exam banks where professors put up old exams – use them, practice them, love them. If your school does not, seek out upperclassman, or look to books like Examples and Explanations (or LawTutor’s own Big Pictures, Little Essays) for help. But the key is, you have to practice issue spotting, practice writing the rules out, and practice the analysis. There are no short cuts to this.

4) Outlining. There is no perfect outline. You don’t get extra points for completing one, or for color coding it. The purpose of an outline is to help you review. You probably have about 100 pages, give or take, of class notes. You can’t just sit there and re-read them, not only is that boring, but it’s not of any help. You need to DO something with those notes. Outlining is that process; take the class notes and condense them, figure out what is important, etc. You can also use, as part of this process, charts, flashcards, flowcharts. All of those things help you review and condense the information you have. Also, think about what your exam will look like, and what your professor is expecting, and prepare accordingly. For instance, for my constitutional law course I had a professor that really liked it when you argued both sides, and really really REALLY liked when you could compare and contrast her facts to previous cases (in the legal world we call that an ANALYSIS). So, how did I prepare? I made a list of cases, arranged by topic, including a few lines of important facts, as well as the holding. My entire list was about 5 pages long: it wasn’t intended to be comprehensive, but merely to give me a quick reference guide when I was reviewing the night before.

5) Don’t Memorize. Sure, some rules you have to memorize, and some language is important – this is a given. But this is not college or high school – merely memorizing rules or cases will not get you that A exam. What WILL get you that A exam is knowing what to DO with the rules and cases. Again, we call that an analysis. This means you can’t just memorize words, you have to understand them. A little trick I learned – if you can’t explain it to someone else, you don’t know what it means. So, what I would do is take your class notes (which should have applicable rules in them), and rewrite them, in your own words. Or, rewrite them with examples. If you can’t paraphrase something, or think of your OWN example, you probably don’t get it as well as you need to, so this is an area you should focus on. If you can’t “get it” on your own, seek out a professor, a TA, a tutor (like me!) or an upperclassman. Even classmates can help, but be weary, they don’t always know more than you!

So, hopefully that will help you survive until June! Good Luck!

So, in the Halloween spirit (because it’s my favorite holiday), I’ve decided to give you some treats. Now, while I can’t give candy over the internet, I’ll give you study tips instead.

1. Use old exams from your professors.  Most professors have these available either online, or through your library. If they are not available, talk to your professor, ask if you can practice with old exams.  There might be a good reason why he or she hasn’t made them available, or, perhaps it slipped their mind and your request may impress them!  Either way, this is the best way to prepare for your exams. First and foremost, you need to practice your writing. Secondly, using your professor’s old exams will give you a good idea of how they write fact patterns and what they are looking for.
2. Use your professors.  Go talk to them. Ask for feedback. It is their job. If they were kind enough to give you a midterm or any practice exams, pay attention to the feedback and even ask them to expand.  I give my students practice essays before the actual exam, and I always give a great deal of feedback.  If your professor does this, thank them and take it seriously. Visit them during their office hours and ask how you can improve. If they don’t give you midterms or practice exams, write something on your own and ask for feedback. They are your best resource, so use them!
3. Do not listen to classmates.  They might mean well, they might not. Either way, everyone is different, and they don’t necessarily know anymore than you.  Just because the guy that sits next to you in Torts spends 12 hours in the library doesn’t mean that will work for you. Everyone has different learning styles, so don’t try to mimic someone else.
4. Practice makes perfect. Just like I said in 1, practicing your writing is the best way to prepare. Reviewing outlines and notes will only get you so far.  If your professor doesn’t have old exams, find something like LawTutor’s Big Pictures, Little Essays or Examples and Explanations.  These are books that have sample hypotheticals and sample answers.
5. Learn to apply facts.  Learning the law is only the first step. Applying it is the most important step.  Take the books I mentioned in 4, or make up fact patterns with your study group, and practice your analysis. The more you do this, the easier I gets.  When I was taking constitutional law, I used to meet with my professor and run different fact patterns with her.  Not only was it actually fun, but it helped me fine tune my skills.  This is what a lawyer does; a client comes in, and gives you facts. You need to then apply those facts to the law.  This is also what you need to do on exams.

So, Happy Halloween, and Happy Studying!

For a limited time only, you can purchase “Big Pictures, Little Essays” AND the “Big Picture Cds” for ONLY $49.95.  This is normally a $99.95 value, and the first time LawTutor’s materials have been half off!

If LawTutors is tabling at your school, you can make this purchase at the table. Or you can call the office at 617-738-4800, or email us at info@lawtutors.net.  If you need the materials shipped, there will be a $10 shipping and handling charge.

In addition, we are running a midterm special on One on One Tutoring:

If you purchase a one on one tutoring package between now and November 6^th, you will get extra hours!

If you purchase a 10 hour package, you will receive 2 hours for free. If you purchase a 20 hour package, you will receive 5 hours for free.  The package will not expire for a year, so if you purchase 20 hours now, you will have a year to spread out those 25 hours.  That’s why it’s such a great deal to get the extra free hours now!

In addition, the materials fee for first time students will be $99.95 instead of the normal $150. Again, the first time the materials have been on sale, so take advantage now!

1)      Social networking sites: while it feels like junior high, law school is actually a lot more adult than undergrad. You don’t have to become completely responsible and button down, but keep your facebook and myspace profiles clean. Be aware that future colleagues and future bosses could potentially be reading your profile; be careful of drinking pictures, and updates that are too personal. Also, take measures to beef up your security on those sites, and keep them private! Also, be careful of who you friend.  Again, I’m not going to tell you not to live your life, and not to be yourself, just be a bit careful!

2)      Fellow Students: these fellow students will eventually be fellow colleagues. Make friends, not enemies. No, you’re not going to like everyone, and not everyone has to be invited to your wedding, but it doesn’t hurt to be nice.  These are people that you are going to have to work with, and you might need favors from them.  The legal community is small, no matter where you are, so learn to be civil. You want to be remembered for your professionalism, not for stepping on other people’s toes or being unpleasant.

3)      Study Habits: what made you successful in college most likely wont work in law school.  You might have to learn to study a bit differently, so do not assume you can rely on your old habits.  I’m willing to bet that many of you were very successful in undergrad with minimal effort and relied on attending class to teach you what you needed to know. Remember that in law school you are among the cream of the crop, so you have to work even HARDER just to stay on track.  Merely showing up in class, and doing the minimal reading will not get you where you need to be. Law school requires doing the reading assigned BEFORE class, showing up for class, and THEN studying some more, making sure that you understand and can apply the material.

4)      Exams: most undergrad classes were based on multiple choice tests, not so in law school. Most law school classes have a grade based almost 100% on your final. That’s a lot of pressure on one little test! This means that during the semester you can’t slack, because cramming at the end of the semester like you’ve done for finals in the past will absolutely not work.  Also, bear in mind law school exams ask for an analysis, not merely reciting laws that you have learned. Therefore, mere memorization of buzz words will not get you by, you need to make sure you have as complete of an understanding as possible of the concepts and reasoning behind the law as much as the rule itself.

5)      Majors: In undergrad it is important to pick a major as soon as possible and stick to your concentration. In law school it is a little bit different. Sure, it is important to think about an area that you want to specialize in, but it is just as important to try to broaden your horizons. Save room for dessert, take a course because it sounds interesting. Law school is more about learning how to analyze and interpret the law and apply it to the facts rather than memorizing and retaining the substance of any particular class. You never know what area of the law you might fall in love with.

Again, yes, I know, you have no time.  When you’re not in class, you need to be studying, or going to those extracurricular activities, I know. However, it will not kill you to take an hour a day to do something for yourself ; jog, watch your favorite tv show, go on a date, go see a movie.  You can not become an antisocial hermit.  Trust me, you do that, you wont have any friends once you become a lawyer. And lawyers need friends too! You also need friends, and a support system of family, to help you through law school!

Last but certainly not least, eat right!  It’s temping to try to subside on pizza alone. It’s tempting, pizza IS my favorite food, but nightly pies will not do your body or mind any good. At least throw some vegetable toppings on them occasionally!  I’m not telling you to never indulge, but try to make an effort to maintain some healthy eating, which will make you feel better, AND give you better fuel to study.  A great option if you are in the Brookline area, is Boston Pita Pit on Harvard St is a great option to eat healthy and yummy!

Also, continue to go to the doctor or dentist regularly.  No one wants an attorney with funky teeth!  Not to mention, you will miss more class, AND more study time, if you put things off. 

Remember – law school is tough, and it’s a lot of work, but it does not have to consume your ENTIRE life.  Bottom line; take care of yourself!

Case Book: Essentially, your text books. They will not read like a typical text book you had in undergrad or high school, but instead, a case book is a collection of cases, with very little in between.

Case Brief: Your first year of law school you will be reading a ton of cases, and a brief is something you use to summarize those cases. It contains important information about the facts of the case, the holding, and the reasoning behind the holding. Essentially everything you need from the case, so you don’t have to re-read it before finals. Also, it is important to note that there is no ONE “right” way to brief a case, it depends on you, how you learn, and what your professor wants you to get from a case. A bit more in depth on case briefing; http://thebarexamdossier.blogspot.com/2008/09/how-to-prepare-for-class.html

Black Letter Law: These are, in short, the rules you are going to be using. Law school is all about teaching you how to read and interpret cases, and what they mean. The black letter law is what you want to start with. For example, what IS a contract. Or, how does one define battery?

Outlines: This is what you use to condense everything you learned in the past semester. Just like with a case brief, there is no ONE right way to outline, it depends on your learning style, and sometimes the structure of the class. At the end of the semester, your outline is what you want to use to study for your finals. An article on outlining, http://thebarexamdossier.blogspot.com/2008/09/outlining-when-you-dont-even-know-where.html

Supplements: You will probably hear a lot of classmates talk about supplements. Or upperclassman. They are study aids that help you navigate your casebooks, and often define the black letter law when your casebook fails to do so. Examples and Explanations, published by Aspen, is one such supplement.

IRAC: You will be hearing a lot of about this, and no, it’s not the country. Sometimes it will be referred to as CREAC as well. Simply put, this is how most law professors want you to write your exams, and it stands for “Issue, Rule, Analysis, and Conclusion”. More in depth on IRAC; http://www.lawtutors.net/you-need-to-irac-on-law-school-exams-no-matter-how-much-it-hurts/

Tort: A tort is a civil wrong. It is also one of the first classes you will take in law school, except very few people will tell you what a tort is. They sort of just expect you to know it’s not a sweet pastry! You may also be asking, “well, what is a civil wrong”, and the answer to that, in short, is those things that personal injury attorneys sue people over. You have all seen the commercials about slip and fall accidents, well, THAT, my friend, is a tort.

If you keep hearing a word in law school that is not on this list, do not be afraid to either look it up (Black’s Law Dictionary is great!), ask a professor, or ask me! There is no such thing as a stupid question, and do not assume that everyone around you knows what everything means. They are probably just as lost as you are!

First and foremost, enjoy your remaining down time. Take the next few weeks to spend time with family and friends, and just generally get your life in order. You don’t want outside stress to come in, as much as you can help it, since law school itself is stressful enough.

Second, try to familiarize yourself with how to read and brief a case before the stress of class sets in. Many of your law schools might have an orientation program that focuses on this, and LawTutors, LLC has a “pre law program” that teaches you what to expect with your classes, as well as how to brief and read cases. <a href=”http://thebarexamdossier.blogspot.com/2008/09/how-to-prepare-for-class.html”>I’ve also written a previous article on how to prepare for classes.  </a>

Becoming familiar with the layout of cases makes the reading less daunting when classes finally arrive. You may be thinking that you’ve made it into law school, so obviously you know how to read. This is true, but keep in mind that a case book looks nothing like a text book. And, in most law schools, no one tells you what you should be taking away from reading a case. The more practice you have, the easier it becomes, so take any free time in August to try your hand at a few. That way, they won’t seem so strange when classes begin.

Before I started law school, I also glanced through a few <a href=”http://www.amazon.com/Law-Torts-Examples-Explanations/dp/0735540241/ref=sr_1_3?ie=UTF8&qid=1249588506&sr=8-3″>Examples and Explanations</a>, which is now my favorite supplement; I recommend them to all of my students. They allowed me to learn some very basic black letter law so that reading cases was not as daunting or confusing. It is important to note that your case books will not teach you black letter law, which is why books like E&E are very helpful.

Also, don’t be afraid to ask questions, you don’t want to go your entire semester without knowing what an outline is, or what it means to “brief”. Don’t be afraid to go to upper classman, professors or advisors. Also, a great book to read in August is <a href=”http://www.amazon.com/Law-School-Confidential-Revised-Experience/dp/0312318812/ref=sr_1_1?ie=UTF8&qid=1249577931&sr=8-1″>Law School Confidential</a>. It was a favorite of mine, and helped clear up a lot of confusion.

I also recommend <a href=”http://www.amazon.com/Guerrilla-Tactics-Getting-Dreams-Employment/dp/0314176772/ref=sr_1_3?ie=UTF8&qid=1249579529&sr=8-3″>Guerrila Tactics for Getting The Legal Job Of Your Dreams</a>. Yes, it focuses on careers, but also imparts a lot of helpful hints on things you can do during your first year to help yo land that ideal firs job!

Also, don’t be afraid to go to professors with questions! As a professor myself, I consider part of my job to be answering student’s questions, and get very bored during my office hours if no one comes to visit.  We don’t want our students getting confused or falling behind, so don’t be afraid to visit us! Many first years are terrified to visit during office hours, and I assure you, we don’t bite!

Lastly, get to know the city you are in, find a good place to study, know your route to and from law school, find good places to eat, find a good gym, all that stuff that will make life so much easier when law school starts.