Getting To Maybe: How to Excel on Law School Exams

Getting To Maybe: How to Excel on Law School Exams
by Richard Michael Fischl, Jeremy Paul

Getting To Maybe: How to Excel on Law School Exams
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Book Summary Information

Author: Jeremy Paul, Richard Michael Fischl
Edition: Paperback
Audio: English (Unknown); English (Original Language); English (Published)
Published: 1999-05-26
ISBN: 0890897603
Number of pages: 348
Publisher: Carolina Academic Press

Book Reviews of Getting To Maybe: How to Excel on Law School Exams

Book Review: Icing on the cake
Summary: 5 Stars

This is an entertaining book with good insights on taking law school exams (I particularly liked Fischl & Paul's hilarious debunking of that stupid old IRAC bromide that professors like to give to all those foolish 1Ls). But some Amazon reviewers seem to think that Getting To Maybe is some sort of magic cure-all. It ain't. Unless you have spent a year or two perfecting your writing and analytical skills through continual practice, merely perusing this book will do nothing for you come exam time. If, however, you are already well versed in basic lawyerly analysis, this book will give you an edge.


Here's what you need to do in order to score well on a law exam:

1. Extricate the key facts from a fact-dense problem. (Watch out for red herrings!)

2. Spot and specify all legal issues that arise from these key facts.

3. Intelligently apply all applicable legal rules to the issues.

4. Interweave key facts into elements of the applicable rules.

5. Insert appropriate policy discussions that support the rules. (Take notes and study up on each prof's particular hobby horse and demonstrate extensive familiarity with it on your essay exams.)

6. Integrate ALL of the above skills with succinct, first-draft legal writing skills within the allotted time (usually about 50 minutes per problem). Think fast, write fast--and do both well.

Getting To Maybe is particularly good at developing point number 5. It is somewhat spotty at most of the others. But what it does, it does very well indeed. And, as far as law-related books go, it's a fun and funny read. So, after you have mastered the basics of black-letter law and learned to think clearly and write well, what this book has to teach you will be yet another arrow in your quiver. Just don't think it's your entire arsenal.

Further recommendations: Pre-law and 1L students should read all the books in the Examples & Explanations series and carefully work through ALL the problems. The single most useful book on exam-taking is John Delaney's How To Do Your Best On Law School Exams, which you can purchase directly from Professor Delaney. And for heaven's sake, don't forget to take Wentworth Miller's LEEWS program early in your first semester.

Lastly--and it's sad to have to say this--learn some friggin' logic and some essay-writing skills before you even think of setting foot on campus. It's amazing and pathetic how few 1Ls can write clear, coherent, grammatical prose. Law school ain't the time to be taking Freshman Comp and Logic 101. Remember, the first year is crucial. Don't blow it.

Summary of Getting To Maybe: How to Excel on Law School Exams

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.

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