Dear Students,
In my youth I played the violin in the school orchestra. The conductor, Mr. VanderArk, started every rehearsal by saying “make big mistakes.” And he was right. He wanted us to make big mistakes in rehearsal so that we could identify them and correct them before the final performance.
This theory applies to studying for the bar exam as well. Attached is an article published this year in the New York Times entitled “To Really Learn Quit Studying and Take a Test.” The article summarizes a recently published study, also attached, that found that the most effective way to learn is to actively review or “map” material and then test yourself.
By now you will have reviewed approximately three subjects. Its time to start taking exams on them. “But Professor, I can’t possibly take a practice exam yet,” you might say to me. “I need to review and memorize the law first.”
As state above, this approach is ineffective. In addition, there isn’t time to accommodate it. Bar exam courses have apportioned the review of 14 subjects between now and shortly before the exam. Thus, the two-day Evidence lecture was your review of the law. Now it is time to take exams. You can take them with your outline open, but you still need to take them. If you wait until you “know the law” you won’t get to them.
And let’s not forget what the bar examiners are looking for on the test itself. The following is quoted from the The State Bar of California Committee of Bar Examiners/Office of Admissions Description and Grading of the California Bar Examination pdf.
“An applicant should not merely show that he/she remembers the legal principles, but should demonstrate his/her proficiency in using and applying them.”
If you don’t practice applying legal principles to law, you won’t be able to do it well in the actual exam. Thus, as uncomfortable as it is to practice exams, do it anyway. Practice now. Make big mistakes now. This is the time of rehearsal where you learn from your mistakes and correct them. The bar exam is the final performance.