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.

Customer Rating:
Summary: "Overstating Their Case...Maybe"
Comment: "Getting to Maybe: How to Excel on Law School Exams" by Richard Fischl and Jeremy Paul, Carolina Academic Press 1999, ISBN 0-89089-760-3, SC 328 pgs. 15 Chapters and 3 pgs Sources. 8 ½" x 5 ½". No inveiglements.

The book's mission, to teach law students how to write meritorious exams and look forward to Law Review, was co-authored by two Harvardian law school graduates who took bold issue with using IRAC methodology, i.e. issue, rule, application & conclusion, that they found, interestingly, lacked merit and to be counterproductive. Instead, in some 15 chapters, they gave weighty contemplations toward (1) finding the reason for an exam question, (2) its intent to contain one or more issues that (3) had forks either in applicable law or within stated facts and (4) dealing deftly with these in masterful manner by discussing both applicable rules and counter-rules while applying argumentation of both sides - and, importantly, allocating adequate time to provide clear legal reasoning or arguments, particularly so if it was that which the teacher had presented in class. Clearly, they state, mere regurgitation of case law and self-evident facts is getting poor mileage, and citing peripheral material or BS is going a field and misses the target. You must demonstrate reasoning ability.

There is discussion of Black-Letter Law, legal reasoning, case law statutes, and restatements plus discussion of plain meaning vs intention, majority vs. minority, traditional vs. modern, contributory vs. comparative, riparian vs. reasonableness, and other competing interpretations including: Wicked `Whiches', policy and shaping aspects and theories of law plus teaching by Socratic method, appointing Czars of the Universe, preparing and writing (or typing) the exam and finally several sample questions (only four!). The bottom line seems to be a determination if you are able to effortlessly communicate to the teacher that you can argue/reason the issues you've extracted and answer his premise. The book is effusive (extravagant), garrulous (wordy) and vociferous (shouting) but otherwise a good read.

finis

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Customer Rating:
Summary: Must read for law students
Comment: Reading this book took a huge weight off my shoulders before law school. This book is a crash course not only in how to succeed in law school, but also how to think about the law as a whole. The lessons learned here are designed to frame your legal education, and helps you learn a surefire, if not complex, method to taking all law exams and tacking legal problems.

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Customer Rating:
Summary: Useful and worthwhile
Comment:
I found this book very helpful in understanding features of law school that are important there but not necessarily taught there. It also is done in an interesting way, so that it's not just a completely practical guide to exams. It *is* practical, but it's got some intellectual content, too. Worthwhile for the law student.

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Customer Rating:
Summary: Good for a 1L
Comment: I had Fischl for Contracts at UM a few years ago and highly recommend it if you find yourself in a similar position. The examples are pretty close to the type of questions he and other law school professors ask on exams. Think of this book as a Princeton Review type lesson on how to master the test not the material. It does a good job breaking down the different types of issue spotters etc and is helpful for those with no exam experience. I recommend it to my 1L friends (the ones I couldn't talk out of going to law school. 4 stars only because even knowing what to expect didn't help my grade in his class!

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Customer Rating:
Summary: Gives a decent head start but it didn't and shouldn't have any impact on grades
Comment: Reading this book before school started had the benefit of getting me thinking about law and legal analysis. But it had no impact on my grades (I'm at or near the top of my class in all subjects and top overall). More importantly, it SHOULDN'T have any impact on one's grades. Attending the lectures, reading the cases, preparing your own outline, participating in class and seeking help from the professor when necesssary; THESE are the vital steps for success in law school.

I gave up using commercial aids for one crucial reason: they distracted me from getting inside the head of the professor and really grasping the nature of the topic. People who try to take artificial shortcuts like using a commercial aid will never excel. If their intellect cannot naturally expedite the studying process, how could a quick summary give someone that special, incisive grasp of a topic? In such a case one would be better off doing all the assigned tasks properly and methodically. Disagree with me at your peril!

To be fair, after reading this book, I was able to provide some clever answers in class during my first month at school. After that, I was so involved and interested in the assigned materials, I long surpassed what this book could offer.

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