Wednesday, November 25, 2009

Flashcards...

Someone posted a comment on how to do flashcards... so, for whatever it's worth, here is my method. This is the result of years of memorizing speeches for collegiate competition, and teaching classes as a grad student where I would learn the students' names the first day by going person by person and learning the names in order, building on the mental list in my head until I knew them all.

Grab the Conviser Review, sit down with a large stack of cards, and start working your way through. One topic at a time, go through the outline, and read the rule, synthesize what that means, and start working it into a SHORT statement. This will take a lot of time. It is exhausting. It sucks. And, I think it is necessary. It is both substantive review and the beginning of the memorization process.

Items that go on flashcards are:

1. Definitions. This means on the front of the card write "Definition of Contract". On the back write, "A contract is a promise or a set of promieses that courts will enforce." On the next card, write on the front, "Elements of contract", and on the back write "Offer, acceptance, consideration". Keep it simple.

2. Lists of things to remember. This means get in the things that will need to be remembered while writing an essay or thinking through an MBE. One the front of the card write "Exceptions to Knock and Announce" and on the back write a list of the exceptions. Try to order them with an acronym. I forget what I used for knock and announce, but I came up with one and it helped. Follow that card with a card for each exception, and the definition, if that is needed. Keep the cards in the same order all the time. Memorize them in the same order all the time. Your brain will remember better if you go in the same order and build on what you have learned previously.

3. Breakdowns of an issue. I attended The Bar Code's Essay Writing Intensive, so I was on board with the idea of a specific outline for how to deal with specific issues. For example, equal protection has a certain list of subissues that need to be discussed in order, so I made a flash card to help me memorize that order. But again, don't put lots of words on the flashcard. Your mind can compartmentalize and remember little bits, but too much on a flashcard makes it useless.

4. I did a larger version of flashcarding at the end, because I took the Cheat Sheets, and additional self-developed cheat sheets that I made myself (some are posted on this  blog) and the last two weeks all I did was memorize. I spent part of the day with a ream of blank paper. First I wrote out the cheat sheet, looking at the template. Then, I continued writing it over and over, starting with a blank sheet each time, until I could write it without referencing the template. Usually it would take 5 or 6 times of writing out the entire cheat sheet until I could do it on a blank sheet without assistance. I could remember first the shape of the outline on the page, and then once that shape was imprinted in my mind, I could quickly fill in the details. Then, I would build on that by adding a second, then a third, and so on. On day two, I would do all the cheat sheets from the day before (5 or so) and then add five more to the process. On day three... another 5, until the night before the exam, I sat in the hotel bar with a glass of wine and wrote every single one out with barely glancing at the templates. I am convinced that I got an 85 or 90 on the defamation question last February solely because of that process. (I knew what to do with that question after reading the first sentence.) 

The other thing I did to memorize was working through my completed flashcards in a similar fashion. Here is what I did after I had five boxes of flashcards, each topic rubber banded separately.

I would get on the treadmill with my con law flashcards and once I could state word for word what was on the back of the first card three times, I moved on to the second one. It would take one to three hours to get through a whole topic memorizing my flashcards. Then, day two, I did the con law ones and added my evidence ones. Each day got a little easier, because I would go through the topics I already knew and had about 85-90% accuracy on them (you will not get to 100% and you don't need to) and the hard part was the addition of the new topic that I hadn't yet learned. I saved the smaller topics, like community property and wills and trusts, for later days in the memorizing process because memorizing the smaller stacks was easier later after I had a huge stack of the MBE topics I already reviewed first that day.

I also carried a couple of stacks of flashcards everywhere. When I went to pick up the kids at school, I sat in my car for the ten or fifteen minutes and tried to get through as many cards as I could. If I was waiting in line at the bank, I pulled out some cards. I looked stupid, but I didn't care, because I figured it was better than looking stupid by not passing (again).

Did it suck? Yes. Was it necessary? For me, yes. I needed the comfort of knowing how I was going to address every rule and every essay topic before I walked into the exam, so that period while they were reading directions did not result in a rising anxiety that made my brain freeze up. That happened the first time around, and also the second.

Now, I can say, the second time I studied, I made those flashcards, and the third time around, I pulled them out and used them, and added some more. So, did I spend 12 hours per day any time I studied for the bar? Nope. But over time, I did all that stuff and it was worth it. The satisfaction of throwing those boxes of flashcards away was supreme also.

I also agree with Whitney Roberts when she recommended that you study by practicing essays, learning how to write essays, and do some MBEs up until two weeks before the test. Then, you focus only on memorizing. That last two weeks is crucial with so much information. And, when I spent 3-4 hours a day memorizing flashcards, and then 2-3 hours per day writing out cheat sheets to memorize them, that took a lot of time and energy. It is okay to give yourself permission just to do this. I also did 20 MBEs per day during this time. One morning each of those weeks, I did a set of 100 MBE's, timing to make sure I could make the three hours. For me, that was no problem. I usually finished in 2:10. However, at the exam, I usually took up to the last five minutes on one MBE session, for some reason.

If it sounds like a lot. It is. But, get it done, and you won't have to do it again.

Good luck. I felt your pain, the thought of all that work still makes me shudder, and I sympathize, but it's doable. When you study, focus wholeheartedly, and when you are done, stop thinking about it and relax. For me, learning to relax was the hardest part.

9 comments:

Anonymous said...

I'm new to blogging, and thought I had already posted this yesterday but I don't see it so here goes again. Would you recommend buying the bar code cheat sheet action guide? There is no option to take the writing seminar this test exam as the Bar Code is taking some time off to update publications. Do you know if I can buy a used version? I have a feeling the update will include some of the new subjects tested on the CAL bar since the third edition. Thanks!

WC law mom said...

Anon-

I moderate, so I probably did not publish your comment yet, but here's my thoughts. The blue version of the Cheat Sheets book is worth buying. That being said, I wouldn't spend $179 on it and then use it halfway. I used the daylights out of that book, and it was a good program for me.

As for its utility in the absence of sitting in Whitney's writing seminar... I got a LOT more out of it after I did the class. And, I would not take the class from anyone but her. She is excellent, and understands the subjects inside and out. She had another guy there teaching once and while he was very nice, he didn't know diddly compared to her.

I would certainly fork out the money for the new edition. Whehn the new one came out, I bought it at full price.

It's too bad they are not teaching right now. I really liked that program. Their comments on the practice essays were excellent.

That being said, I think you can probably get there by getting a subscription to Bar Essays and re-typing other people's old exams ad nauseum. After several on one topic, you start to see what the examiners are looking for and you can start to replicate it yourself. He will give you a free subscription in exchange for your exams answers from past tests, or he'll also pay you for your past answers. Might as well make a little money back after all the expense.

Anonymous said...

Thanks, WCLM. I purchased the 3rd edition last night before I received your message. I believe it was $139. You're right, it's probably not going to be worth it unless I use the daylights out of it. I'm worried about overwhelm already. I also subscribed to Baressays... and I work full time, and have July 2009 Barbri materials. Too much? I think I fall under one of your myths!

I do need to memorize (still have not done that), and practice essays like crazy. I took another unnamed program from an outfit out of Florida that helped me pass the NJ bar but his writing method does not work in California so I'm sticking with Barbri this time - follow the sheep so to speak. Ultimately, I need to put in the time, and sometimes FEAR gets in the way, and overwhelm as well. 14 subjects is so much material. NJ had only 7 subjects, and 6 of them were multistate. I'm taking the attorney exam in February. I'm not sure if I'll be able to get it all in my head in the time that I have but I know if I have too much material, I'll go crazy. Should I stick with Baressays, Barbri substantive, Cheat Sheets, flashcards, and call it a night. Too much, too little?

Thanks!

K said...

I agree that flashcards are a huge help - once you learn to do them in a way that's right for you! The thing that worked for me is, instead of just putting a definition on the front, I put a question - like: What is required for a will to be valid? instead of: requirements for a will. For some reason, putting it in the form of a question stimulated my memory much more. But, yeah, flashcards and the right method can do wonders! :) and I am so sorry about your pup...

Anonymous said...

WCLM- as I'm doing my Torts Flash cards based on my Conviser Mini Review, I have a question for you. You say to make them as brief as possible. I am on intentional torts. I realize one card would be a tort on one side, and the elements on the other. But then Barbri breaks each one down. So do you also make cards explaining each element. For example Act, Intent, Causation is a prima facie case of an intentional tort. Do you also make a card Act is volitional, an Intent card then a card for each types specfic, general transferred, and so on. Seems as if this will take forever!

I'm on defenses now, and for Consent - there's actual, implied (apparent or implied by law). Would you have a card for types of consent (actual and implied on the back of the card) and then a card for 2 types of implied consent - list apparent and implied by law, and then a card for apparent consent explaining it on back side, and a card for implied consent - explaining it on the back side....thoughts most appreciated! I suppose I'm asking how much of Barbri's tips, and explanations do I need to include or is the card exercise just about getting the baseline rules and elements down, and the rest of the nuances of each element will come with practice essays (I'm not taking the multistate). Thanks for your sage counsel.

WC law mom said...

Let's see... It depends. Frustrating, I know. But, I would have a card for all the things I think I can't remember without repeatedly reviewing it on my cards.

Basically, I thought about how I would need to answer a question on an intentional tort, and then made a card for each thing I would need to address. For example (and I do not remember these, I'm just inserting stuff to illustrate),

battery: the harmful or offensive touching of another

elements of battery: act, intent, causation

meaning of intent: intent to do the act, not to cause a battery

kinds of causation: actual, proximate

actual causation: but/for causation

proximate causation: legal causation- sufficient to hold def. responsible

You get the idea... Now, to use these vast quantities of information in an essay, you have to make some decisions at the outset of reading the fact pattern. If there is a tort, cirminal law crossover that has a whole bunch of criminal stuff in it, and a couple of intentional torts, your discussion of each intentional tort may not include an exhaustive discussion of each element and an explanation of each elment. If the question is solely negligence, you will need to completely discuss each kind of causation, all defenses, all alternate theories, etc.

Plus, some flashcards will be things you already know, but just need the repetition of reminding yourself that this is something that you may need to include in your essay. If you are getting poor essay scores, it's probably because you failed to discuss obvious stuff that would have garnered you a few extra points Miss two or three small or medium things, and you have a 50 essay and not a 70 essay. Also, having cards in there that seem no-brainer help with the memoriziing process (IMHO) because you start off learning the cards later with things in there that you already know. It boosts your confidence in the material.

And yes, it sucks to do it this way. Many people don't and still do okay on the bar. I had to do it to know for certain I knew the material and relieve my anxiety of "S***, what if I can't remember?!?" If you can get through your set of flashcards on a subject with 85% retention, then you know it.

Lowly File Clerk said...

Hi WC Mom. I don't know if you still check this blog, but I just want to say thanks. I failed the Florida Bar twice. The first time by 11 points, then by 6 points. It is nowhere near as difficult as CA. Well, I wrote out a ton (literally hundreds) of flash cards for the last time. I had too much on them. I will modify them based on what you posted here and get rid of what is unnecesary. Thank you so much for your thoughts. Congratulations on passing.

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