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Getting To Maybe: How to Excel on Law School Exams, by Richard Michael Fischl, Jeremy Paul
Download PDF Getting To Maybe: How to Excel on Law School Exams, by Richard Michael Fischl, Jeremy Paul
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Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader's performance. The book begins by describing the difference between educational cultures that praise students for 'right answers,' and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations.
But the authors don't stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage.
In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance.
- Sales Rank: #16198 in Books
- Brand: Fischl, Richard Michael/ Paul, Jeremy R.
- Published on: 1999-05-26
- Format: Unabridged
- Original language: English
- Number of items: 1
- Dimensions: 8.25" h x 5.25" w x .75" l, 1.10 pounds
- Binding: Paperback
- 348 pages
- Getting To Maybe: How to Excel on Law School Exams
Review
This book should revolutionize the ordeal of studying for law school exams....It's clear, insightful, fun to read, and right on the money. --Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
Finally a study aid that takes legal theory seriously....Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers. --Steven L. Winter, Brooklyn Law School
If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don't know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer - a good one - get this book. It's, quite simply, stone cold brilliant. --Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
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Most helpful customer reviews
4 of 4 people found the following review helpful.
Overrated
By Jacob Harris
I think this book is overrated. It's value is really overblown across the various internet forums devoted to law school, and I feel that the lessons it teaches are narrowly applicable and may lead the unwary student into trouble with professors who are trying to teach their students to think a certain way, or prefer certain arguments over others. In any case, the ideas should be self-evident to the law student; but if you are not a good writer and have trouble organizing your thoughts quickly it may be helpful. I found that my professors' personal idiosyncrasies and testing styles made this book largely irrelevant to my exams. The book may be helpful if your professor teaches the course in the "classic" Socratic way and gives the "classic," pure issue-spotter exam. I think both of these are becoming less and less common across the board. But if you are a ball of anxiety, and you need something to help you sleep at night, this might be a cheap and effective palliative.
0 of 0 people found the following review helpful.
Must-Have for Law Students
By Ingersoll1969
This is a good book. A lot of the trouble with law school exams is law professors are notoriously bad teachers, and these bad teachers write bad exams. Granted, this is a worst-case scenario, but if you've been to law school for more than one semester, there's a good chance that at least one of your professors has utterly bamboozled you into how he/she wants the final written. So what this book does is give you something of a blueprint and a method of examining fact patterns and exploring the question(s) so that you can simply go into the exam and take it without much fear.
Where the book fails to be of help though, is with the IRAC method. I wholeheartedly agree that IRAC is a too-constrictive method of writing that tends to inhibit most students from really expressing what they know. Law professors largely want a mechanical recitation of rules followed by mechanical analysis, so law students spend hours and hours memorizing rules with the ultimate purpose of using them in an IRAC format. It's absurd, but that's the way it is. And this book simply dismisses the fact that lazy law professors love IRAC for the fact that it gives them a template from which they can read and score exams quickly.
But still, you can construct an IRAC using this method, it just doesn't lend itself seamlessly to it, which is pathetic--not with respect to GTM, but to the teaching and testing methods used by professors. If you don't believe me, and if you haven't already done so, go look at model bar answers from your state and see if they employ a rigid IRAC formula. They don't. And so to me, that's what this book was good for--being able to write bar exam quality answers that leave room for a different writing styles and methods of analysis.
If you're just starting law school, buy this book. If you're already in and still struggling, buy this book. If you're the king or queen of fastidious, multiple, anally retentive headers on your exams, read this book and go look at bar answers.
12 of 13 people found the following review helpful.
It's a Good Read, but Don't Waste Your Time
By Stan
You're likely reading this book because: (1) you have been accepted to law school...congratulations by the way, or (2) you want to go to law school...also congratulations to you too. I read this book and I've just successfully completed my first year of law school. Here's what my impression of the book and my experience of law school say. Law school is NOTHING like your undergrad experience. In law school you are going to be asked to read anywhere from 60-120 pages a night, come to class the next day prepared to be cold-called on by the professor, and you'll be expected to have an intelligent answer. On law school exams you'll need to not only have the right answer, but give your analysis as to why you got to your answer. This book essentially tells you that: (1) typically the most right answer to a question in law school is "It depends." I guaranteed you that if you only offer those two words, you're professor is going to reply, likely aggravated at that point, "What does it depend on?" (2) On law school exams, you are going to be given the most ungodly complicated fact-patterns (scenario) to which you will be asked either to "discuss the liabilities and defenses for each party" or som other relevant question asking you to analyze the fact-pattern. (3) In law school, there is RARELY EVER a single black or white answer. Often, the professor could care less on what way you come out on your answer. The golden points are gained in a solid analysis. You MUST break down your essay answers in IRAC format (Issue, Rule, Analysis, and Conclusion). So you'll give the Issue (there will be a bunch of them so you'll be doing this IRAC analysis thing multiple times on your exam), then you'll state the relevant rule (hopefully you've memorized the rule), then you'll begin to do an analysis synthesizing the rule along with the facts from the fact-pattern. Finally, you'll give your conclusion based upon your analysis of the rule and relevant facts.
This book tells you to explain how and why you got to the answer you provided in your conclusion. If you simply provide an answer and not an analysis, you'll loose major points!
Generally Concerning Law School:
If you just can't help your pre-law school OCD self (don't worry, I was in the same boat) then go ahead and read this book, at least to kill time. The book itself is an easy read with many hypotheticals. Just don't expect to read it, or ANY book for that matter, and think you'll walk into law school killing it. Law school is a bunch of continuous kicks in the gut, over and over, until you decide that you either want to quit or that you are going to force yourself to learn the proper format and method of thinking. Law school is a great experience that is very satisfying, but be prepared to work harder than you have in your entire life. One fellow student who is a mother of three teen-age sons told me, "law school is harder than raising kids." Law school all boils down to two questions you must ask yourself, "How bad do I want it?" and "How disciplined am I to achieve this goal?"
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