Many bar takers are obsessed with the idea of memorization.
Understandably, a lot of students naturally panic and have concerns with it. I think it comes from a place of insecurity. There’s a LOT to remember after all.
Panic mutates into paralysis. They rely on theory. They say, “As long as I memorize this perfectly, I will be set for the exam.”
Maybe. That approach isn’t going to work for most people. It’s not the point. But this is a common thought process, especially for those starting out.
That may be why people are excited for the open-book bar exam (like in Nevada). I eagerly await the test takers’ realization that it’s not just about having access to knowledge but whether they can use it properly. Removing the memorization requirement doesn’t really change the exam. In fact, it will probably hurt if you’re wasting time looking things up.
It’s not that I’m ragging on memorization. You should memorize. It’s table stakes. Everyone’s doing it. It’s a minimum requirement. Just a cost of entry. So you do want to start memorizing as early as you can.
I want to point out what bar students miss when they get tunnel vision around memorization. Don’t miss the forest for the trees:
1) Don’t use “memorization” as a safe space
If you’re thinking, “I need to know all the rules perfectly before I can solve problems!” You’re just procrastinating. You’re acting out of fear.
Didn’t you have years in law school to “know the rules” by now? Never mind.
Well, the bar exam is scary. But this reaction is common and normal. And once you know the truth, you can fix it. Mastering the bar exam is also about mastering your ego and psychology.
It hurts seeing that you missed a bunch of questions or issues. It hurts even more to get a shitty score on the bar.
Better to get excited about failure now so that you don’t have to motivate yourself again 6 months later. Yes, excited! Every result is a valuable data point with something to take away.
Remember you’re here to learn (not for education). Don’t try to be ready before you’re ready.
2) Memorization isn’t just about memorizing rules
Issues are arguably more important than rules, especially on the essays. That’s why I also spotlight the issues in Magicsheets and Approsheets and organize them as they are tested, not just the rules.
Issues are like seeds where IRACs sprout from. You could fumble on the rule and application and still get some credit. If you can’t tell the grader what the issues are to begin with, no IRAC is gonna sprout. You get zero credit for that issue.
Know the issues.
3) Memorization happens as you use it and after you use it
There’s a reason you don’t remember 99% of your lectures.
This is a test of application, not just barfing up what you rote memorized (although that is part of it).
Yes, you do need to rote memorize a lot of things because not everything testable has been tested before or it’s hard to find every question that has tested a certain issue or rule.
I would suggest that you FIRST try to solve problems (like MBE questions and essays) with cursory imperfect knowledge so that you UNDERSTAND how the issues and rules are used. AND THEN, you can fill in the gaps by memorizing and understanding the rules and issues.
Knowledge outside the context of fact patterns is nothing. The WHAT is artificial if you don’t know HOW to use it.
In other words, learn by example, not by theory. It’s possible to have knowledge but lack judgment.
This will let you be able to pull out the issues and rules you need from memory, and probably more importantly, recall your understanding of how to use them.
Yes, unlike real life, there is often a correct response—the intended, credited answer—even on essays.
4) It’s more about being able to remember and use things on the exam, not merely be familiar with them
This raises the question: How do you do that?
So far, these mythbusters have guided you away from the “easy work” of memorizing. But I’m only cautioning against tunnel vision and overreliance on it. I did say that memorization is required.
If you want more specifics on memorization itself, check out the article below. It will answer these questions:
- What are 5 ways to solidify the information in your head?
- When should you start memorizing?
- How do you split your time?
- Should you memorize everything?