A Strategic Examination Design for Law Students: Crafting a Terrible Law School Exam
As a law professor, I've encountered countless exams that fall flat, often due to a fundamental misunderstanding on the part of the student about the nature of the exam. This article will explore how to design an exam that challenges students to think critically and deeply about the material, much like the type of examination they will face in real-world legal practice.
Understanding the Difference Between College and Law School Exams
When students transition from college to law school, they often struggle with the shift in expectations. College exams often focus on memorization and recitation of facts, whereas law school exams demand a nuanced analysis of legal principles and their application. To illustrate this, here is a video that delves into the differences: The Difference Between College Knowledge-Based Exams and Law School Analysis-Based Exams.
Designing the Exam: Multiple Choice Questions
To further develop this idea, I propose a strategic design for an exam that will challenge students to think critically and deeply. Below are a set of multiple choice questions that adhere to this principle. Each question will have a correct answer and one that is arguably correct. The correct answers for the first half of these questions should be:
Question: In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt. A) True B) False, the prosecution only needs to prove a preponderance of evidence Arguably Correct Answer: B) False, the prosecution only needs to prove a preponderance of evidence Explanation: The correct answer is A, as the beyond a reasonable doubt standard is the highest standard required in criminal cases. Option B, while factually incorrect, is often argued in criminal law classes, making it a plausible alternative. Question: Which of the following is an exception to the hearsay rule? A) A statement made under the belief of imminent death B) A statement made for medical diagnosis or treatment Arguably Correct Answer: D) A statement made under the belief of imminent death Explanation: The correct answer is C, as statements made for medical diagnosis or treatment are exceptions to the hearsay rule. Option A, while often discussed in criminal procedure, is an exception seen more frequently in civil cases.Including a Diverse Array of Questions
It is important to include a diverse array of questions across related but different subject matters. For instance, in a Criminal Law class, it is crucial to include a question from Criminal Procedure. Consider the following example:
Question: In the context of due process, which of the following statements best describes the right to a speedy and public trial? A) It ensures that the trial will be conducted in a timely manner and accessible to the community. B) It guarantees that the trial will be free from any bias or preconceived notions. Arguably Correct Answer: A) It ensures that the trial will be conducted in a timely manner and accessible to the community. Explanation: The correct answer is B, as the guarantees of due process aim to protect against all forms of bias and preconception. Option A, while related to due process, focuses more on the aspect of timeliness and accessibility.Additional Examination Design Tips
Here are additional tips to make your exam more challenging and engaging:
Option for Explanations: Students are not required to provide explanations for their answers, but they are welcome to do so if they choose. If the explanation is sufficiently persuasive, credit may be given for a wrong answer. To encourage this, include a note at the beginning of the exam stating: Note: You do not need to provide explanations for your answers, but if you would like to, you are welcome to. Explanations for wrong answers may be given credit if they are sufficiently persuasive. No Word Limit: There is no word limit for any of the explanations. This encourages students to elaborate on their answers without feeling constrained. 30-Hour Take-Home Exam: This is a 30-hour take-home exam, roughly equivalent to the amount of time a highly caffeinated person can stay awake and function. This will force students to stay awake for all 30 hours, likely writing extensively to complete the exam. Open Book Exam with Restricted Materials: The exam is open book, but students are restricted to materials they have printed out or previously written. This will prompt students to print out mounds of cases and statutes, probably-useless-but-possibly-crucial materials. Additionally, since it is a 30-hour take-home, they will struggle between obedience to the rules and the urge to Google the answers. Some Questions with Additional Inclusions: For some of your questions, include additional elements that may mislead or challenge the student. For example: Question: In a criminal trial, the judge's role is to: A) Make a final decision on the verdict B) Ensure that the trial adheres to the law and is conducted fairly Arguably Correct Answer: A) Make a final decision on the verdict Explanation: The correct answer is B, as the judge ensures that the trial is conducted fairly and adheres to the law. Option A, while a common misconception, is actually the role of the jury in criminal trials.Conclusion
Beyond just memorization and recitation, these strategic examination designs aim to teach students how to analyze and apply legal principles critically. While these exams may initially seem challenging and overwhelming, they effectively prepare students for the rigorous demands of real-world legal practice. By adopting such approaches, law professors can better bridge the gap between classroom knowledge and practical legal skillsets.