Revision Tips

The Companion Website revision guide
by Graham Arnold, Barrister, Lincoln’s Inn

OVERVIEW

So Easter has passed now – and the first real ripples of panic begin. It’s time to cut to the quick: enough shilly-shallying advice. Unless you have been meticulous to a point of obsession, you probably feel there is so much to revise – all the material you’ve already covered, what you’ve missed along the way, and then there’s all the new ground to be covered before the exams. What to do, other than panic?

The answer is obvious to all – organise! A simple answer, worth perhaps a little more explaining. Every student has his own method, and that should be encouraged – don’t feel you have to have perfectly labelled folders with neat, voluminous notes on each lecture just because your neighbour has. The important thing is you employ your time productively. By the way, my own view is that making ‘fair copies’ of lecture notes is a mind-numbing waste of time. You may not agree, you may feel that it is an excellent method of revisiting the material. Whatever view is yours, ensure that your time is well used. Labelling and filing things is very useful, even therapeutic, but move forward with the work as well – even if it’s by very small steps. Students often feel that there is so much to do that they freeze up; the thought of all there is to do just paralyses them. There are also the students who feel all will be fine once they get on with their work, but keep finding those essential things to do before they get started – hoovering, putting up shelves, resolving one’s love life – there’s always an excuse. But the truth is that by just taking the first step, the second step becomes so much easier and so on exponentially, and in no time your confidence and resolve will grow. It does not matter what you start with, once you have begun to revise and you have something to build on, everything will seem more constructive and easier. Just get on with it!

This brings us back to organising – make a timetable and divide your time evenly between subjects. Be sensible, allow yourself time to eat and relax. Work out a detailed plan for the week ahead and then more loosely for the month ahead. Remember that completing current work is equally important. Beyond that, what you revise and how you organise is a matter of choice for each student. There are no strict rules, and I have no intention of laying any such hypocrisy before you. Try to know your own strengths and weaknesses. Have confidence in your own methods of working. If occasionally those involve taking a favourite textbook with you for a quiet read and a Guinness, so be it, so long as that is balanced with more intense desk-based revision. Enthuse yourself about your work, set yourself targets, test yourself – don’t tell anyone, but you might enjoy revising...

NON-STRICT RULES

One important thing to remember is that revision must still fit with what you have to do now and what you will still have to complete for the first time before exams. Continue to attend lectures, as now more than ever, lecturers may be offering very useful consolidating lectures and tutorials – go to them, since you are likely to get very helpful pointers for what to revise. Do any mock exams provided for you. Take up lecturers’ offers to mark sample exam problem and essay questions. Identify any black holes in your knowledge and address them – this will ensure your confidence is not rattled in exams. But again, ensure you include in your timetable sufficient time for current work and any assessments or projects you have to complete.

Revising lectures

As regards lectures, you have probably formed your own methods of taking notes by now. My approach is to listen in lectures at the time and limit note taking to shorthand of the most salient points and details of the relevant cases and legislation. Looking at those cases and legislation afterwards practically solidifies what has been discussed in lectures. Obviously, there will not be time to look at everything, but looking at cases or legislation is not a waste of time. Cases particularly can generate great interest in the subject. Be methodical with your work, but not slavish. Hours spent committing notes to memory on the law surrounding defences of justifiable homicide may be much better spent reading the conjoined twins case - A (Children) [2000] EWCA Civ 254. This is not always the case of course: the diverse views of the House of Lords in R v Smith [2000] UKHL 49 may serve only to confuse on the law of provocation. Forgive the pun, but this is something of a judgment call. Also, rather than simply revisiting lecture notes, read other authors’ view on the same subject, as however good your lecturer, this may throw the light of perspective on what was said. It is by these methods that you form your own view, rather than just following your lecturer’s appreciation of the subject. Remember it is much easier to rely on your own view in exams than to try to remember someone else’s. This is something of a confidence trick, but confidence has all to do with relaxing in exams and performing to your best.

Revising text and course books

Unfortunately, preparing for law exams does not always involve the same aims as preparing yourself to be a good lawyer. As Glanville Williams observed in his ever useful guide, Learning the Law, for a good lawyer it is all about knowing where to find the relevant information quickly, but for the student it is all too often about memorising. In an attempt to avoid mindless learning by rote, many universities and law schools now allow materials to be brought into exams, but beware! – this is usually nothing more than a security blanket. The chance to look things up in examinations is often very limited and may very well interrupt the flow of thought you need to get your best answer out. Put simply, you will have to memorise things. We are talking about revising texts and the rule is very simple – read it once and you’ll remember 1%, read it twice and you’ll remember 50% and read it three times and all you need will be at your fingertips. The best books reward the reader by further reading, but we have no time for that now. There are techniques advocated elsewhere for absorbing what you read, but much akin to the advice of lifestyle gurus, you take what your choose. My experience is that reading and thinking outweighs the more ephemeral act of note taking. Of course, use bullet points for salient facts or charts and flow diagrams to give overviews of material, but keep it selective and distilled. Highlighting course books can also be useful for revision, but again be selective and do not highlight too much on the first reading.


Enough generalising!

Let us summarise. First of all draw up your timetable for this week, and then for the month ahead. We can divide what has to be done into three principal areas:

(1) Deal with current work – do not let things slip.
(2) Revise.
(3) Practice problem and essay questions from past exams.

And one last thing – continue to explore. Do not let revision block your thirst for new knowledge. If you’re interested in something, pursue it, particularly online, as there is so much out there for students unavailable to our predecessors. Do not become overwhelmed by it, simply see it as a wonderful resource, a shortcut. A useful guide to online resources is provided elsewhere on this companion website: click 'Useful websites' on the left. I should leave other advice to your legal research advisors, but do use the internet.

The timetable

Some simple points already covered:

§ Be realistic – regular breaks, eat, etc.
§ Divide time evenly between subjects.
§ Concentrate fully on one thing at a time.
§ Fit revision in with current commitments.
§ Identify black holes for revision.
§ Set aside time for reading cases.
§ Plan ‘self-timed’ sessions for answering problem questions.

Deal with current work

§ Attend lectures.
§ Give yourself adequate time for assessments.

Revise

§ Follow your timetable.
§ Core texts: read, re-read and read again.
§ Produce diagrams/flowcharts that summarise each area of law.
§ Use ‘revision aid’/Q&A texts to assimilate and consolidate.
§ Practice problem and essay questions from past exams.


EXAM QUESTIONS

Below are practical pointers on answering exam questions, both problem and essay type questions. This is not an attempt to provide sample questions and answers – you are referred to the many Q&A series books available. Some general advice on preparation for exams is offered along with specific pointers on the technique of answering questions.

Incidentally, one should be warned against thinking that there are model answers to questions. Exam questions often focus on grey areas of law with no ‘correct’ answer and case law may fall on either side or be undecided. The vital requirement is that the student can identify the issues raised in the question and the relevant law. Having identified these, the student should be encouraged to trust their own reasoning in balancing the legal arguments.

Practice in timed conditions

Before beginning, one piece of advice above all others: practice answering problem and essay questions in timed conditions (and if possible have them marked by a tutor). This is the single most useful method for preparing for exam conditions.

General advice

Once again, organisation is the key to success. Each of your core subjects is split into defined areas. For example, in contract law, the areas would include: offer/acceptance; consideration; privity of contract, etc. You must know the basic principles and leading cases in each area. Try to distil everything down into diagrammatic form, with each area represented on one or two sheets of A4. Cases should have their relevance encapsulated into one line. Revision aid texts such as Cavendish’s LawCards are often very helpful in drawing up flow charts/summarising diagrams for areas of the law. Producing these ‘summary’ sheets will be excellent revision, but they will also be an invaluable aid in the exam room.

Know your syllabus

You are not expected to cover all areas of a subject. In some subjects, such as equity and trusts, that might take a lifetime. Your syllabus will tell you what is examinable and also what is not. For example, in tort, the syllabus may say you are not expected to have detailed knowledge of the law relating to passing off or to interference with goods, and so on.

How much can I leave out?

This leads to the commonly asked question – how much of the syllabus can I leave out? Most exam papers allow students a choice of questions to answer from. If you intend to take the calculated risk of leaving out an area for revision, be careful! You should not leave out more than 10% of any subject. A question asked on one of your favoured areas may prove to be indecipherable. You need insurance. If you must, choose one distinct area in each subject, for example, ‘mortgages’ in land law or the ‘House of Lords’ in public law. Leave nothing out in criminal law where problem questions will often engage several areas of law at once. In subjects with highly diverse areas, such as equity and trusts, your lecturer may be able to give you useful pointers: listen carefully to what he or she says.


ANSWERING PROBLEM QUESTIONS

In examination conditions, it is difficult to remain calm and clear in your thoughts when answering complex problem questions. As stated already, it is essential that you practice answering problem questions under timed conditions in advance. You need to build up a reliable and methodical approach:

· Read the question thoroughly – every word.
· Understand and analyse the facts – a diagram may help.
· Identify issues.
· Identify the relevant rules of law and case authorities.
· Plan a structure to your answer.
· Write your answer.

Read the question

Remember that in exam questions, every word counts. Unlike in a real life brief, all the facts given in a question are nearly always material. Who are you asked to advise or what are you asked to discuss? Confine yourself to answering the question asked. Generally, there is no need to imagine facts that go clear beyond the question asked or to extend your answer to cover the facts contrary to those posed in the question. Students often do this just to demonstrate their knowledge, but they will gain no extra marks for advancing unrequested information.

However, some questions will have gaps in their facts. For example, in a land law question, it may not be clear whether the land is registered or unregistered. In those circumstances, you will need to take the facts each way and give an analysis on each possible scenario.

Be methodical

Draw up a rubric of the facts. This can prove quite time-consuming, particularly with problem questions where a great number of parties interact. Problem questions in criminal law often have a cast of characters and a plot worthy of an epic. Take your time. If you are asked to advise more than one party, take each in turn. Isolate the pertinent facts and decide what issues they raise. What case law is relevant? Is statutory law relevant?

You must back up your answers with authorities. When citing authorities, state the legal importance of the case. Where authorities do not exactly cover the issue raised, say so, and state the cases that most closely relate. Do not be afraid to venture an opinion where the law is undecided, but do not be categorical: show a balanced approach. For example, you might say that if the court follows the approach in the case A v B, then the defendant will likely be found liable, but if the court follows the approach in C v D, the opposite result is likely.

Watch out for any catches – questions often provide a superficial route through to an answer, but for the more discerning candidate, there may be a further layer to the question. On the other hand, beware of over-elaborating in answering questions. The secrets of a first class answer are often what is left out, so be concise.

Structure

Once you’ve wrestled with the facts and identified the issues and relevant cases, obviously, you need to write the answer. Identifying the issues in problem questions will often give you the structure – simply follow the issues as they are raised in the question. If you are asked to advise several parties, take them in turn. Do not give long introductions or a general disquisition on the area of law. Having identified the issues, launch straight into you answer.

Practice translating the facts of questions into diagrammatic form – you will develop a style most helpful to your own thinking. Answering land law questions in particular benefits from a well-practised ability to visualise easements, etc.

Summary

What I have given above are general points on answering problem questions applicable to all subjects. Of course, each subject will have its own particular schematics and checklists for answering questions – your lecturer will provide you with these. However, general advice can be summarised as follows:

· Read the question.
· Do not be daunted by complexity.
· Organise the facts.
· Identify issues and relevant cases.
· Allow the structure to flow from the issues.
· Use clear reasoning.
· Practice, practice, practice in timed conditions.


ANSWERING ESSAY QUESTIONS

It is said by some that the essay questions on exam papers are for the benefit of the weaker students, but be careful about considering them easy options. The old technique of splurging everything you know about a subject in the last half-hour of an exam (usually as a half-answer to an essay question you do not quite understand) has never proved beneficial. However, with good preparation, essay questions can secure you very high marks while avoiding the angst of deciphering problem questions.

Much of what we have spoken about in relation to problem questions is relevant to answering essay type questions: be methodical, be clear and balanced in your reasoning, support your answer with authorities and answer the question posed. However, essay questions require more thought regarding structure. Identifying and addressing the issues in problem questions will usually engender a structure; with essay questions, you have no such support.

Preparation in advance

Certain subjects will warrant greater preparation in terms of essay questions. When you examine past papers, you will notice certain subjects attract a greater proportion of essay questions – public law and equity and trusts. Other subjects tend to have less essay questions – criminal law, tort and land law. Prepare accordingly.

Throughout the year in each subject you will have been given possible titles for essays. Make a list of these. There are frequent revisiters as topics for essay questions – a glance at past papers again will reveal these. In public law, parliamentary sovereignty and the royal prerogative will usually arise in one guise or another. Similarly, in contract law, the demise of the idol of ‘freedom of contract’ is likely to appear in some form. Make a list of these usual suspects. Keep in mind topical issues as well. This year, the stalled second reform of the House of Lords could well be popular with examiners.

Planning structure – skeletons

Draw up a list of topic areas and possible questions you wish to prepare for. Where possible, plan and write answers to these questions under timed conditions. Try to get your answers marked. Of course, you cannot write essays for every possible question in advance. A method that will enable you to prepare a wider range of essays is to use skeleton structures.

Producing skeletons such as these will require you to think through answers but without absorbing too much time. Try to produce as many as you can, developing your own style and shorthand. It is unlikely that you can predict the exact wording of an exam question, but such skeletons can easily be adapted. However, make sure you do adapt to the question posed – do not answer the question you would like to have been asked. You still need to reason clearly in the exam, but a skeleton in the relevant area of law will give you a very solid foundation to work with.

Summary: essay questions

§ Practice timed questions.
§ Produce skeleton answers.
§ Keep answers succinct and answer question posed.
§ Do not attempt questions you do not fully understand.
§ Take time to consider whether there is a further layer to the question.
§ Do not splurge – first class answers are often short.
§ Practice using skeletons.

About the author
Graham Arnold has had many years’ experience of learning, both as a student and as a teacher. He has studied at a number of institutions, most notably Trinity College Dublin, the Sorbonne in Paris and the Open University. More recently, he completed the CPE at South Bank University and then the Bar Vocational Course at the Inns of Court School of Law, and was called to the Bar in November 2002. Graham has written various revision guides for Cavendish, including the recently published LawCard on Human Rights.