Active vs. Passive Knowledge
Have you ever found yourself thinking that you’re an expert in an area – maybe you’ve studied it at university, or read half a dozen books on the topic – but when it comes up in conversation, you find yourself unable to remember any interesting facts about it?
This is a cognitive bias called ‘the illusion of knowing.’ It happens because passive repetition, such as re-reading and highlighting, can cause us to overestimate our knowledge and understanding of the topic.
For law students preparing for the solicitors' qualifying examination (SQE), this gap between passive familiarity and active recall can be the difference between a near miss and a confident pass. This section will help you identify your knowledge gaps and strategically prioritise your study time.
Generative Knowledge: Mock Tests and SQE Sample Questions
The only way to overcome the illusion of knowledge is through what’s known as “generation”: forcing your brain to reach out for the information, rather than reading it somewhere.
It's called 'generation' because it's all about generating an idea from your memory, rather than reading it.
A small-scale example includes filling in a missing word in a text, rather than reading the text in its entirety. This forces your brain to actively recall the information that it has stored somewhere, or that it can logically deduce.
The importance of generation is partly why we repeatedly stress in this guide that doing mock tests by answering multiple-choice questions must play a core part in your SQE revision strategy from the beginning. It's not just something you save for the final weeks.
That's because practising these questions requires generation. If you can't recall the single best answer, it may be one of your areas of purely passive knowledge.
When reviewing SQE practice questions, don't just check whether your answer was correct. Try to recall ("generate") the following pieces of information:
- Why the correct answer is right
- Why each incorrect option is wrong
- What concepts or principles the question was testing
- Common patterns or traps in the question format
This comprehensive review helps catch subtle misunderstandings and reinforces your knowledge.
The "Feynman Technique"
Another very powerful test of your legal knowledge is attempting to teach or explain concepts and legal principles to someone else (or even to an imaginary audience). Known as the "Feynman Technique," this approach quickly reveals gaps in your understanding.
Try to explain complex topics (like the rule against perpetuities or the hearsay rule) in simple terms without referencing your SQE notes or revision resources. If you struggle, you've identified an area that needs review. If you succeed, you've reinforced your mastery of the material.
This technique works because:
- It forces you to organise information in your mind
- It reveals which aspects you understand versus which remain fuzzy
- It requires you to translate legal jargon into plain language
- It strengthens your ability to recall information under pressure (this will be essential in the actual exam)
You can practice this technique with study partners, family members (even if they have no legal background), or simply by speaking aloud to yourself.
Keeping a Record of Weak Spots
Once you have identified your personal weak spots based on practice questions you consistently get wrong in mock tests, it’s a good idea to keep a running record of these topics, so that you can allocate additional time to strengthen these areas.
This record should incentivise you as you gradually remove items from the list.
At the same time, don't neglect "high-yield" topics that appear frequently across multiple questions. Core concepts like the elements of negligence in Tort or the various business structures in Business Law should be mastered early, as they can earn you significant points across numerous questions.
Even seemingly niche topics – like the rule against perpetuities in Trusts or specific money laundering regulations – deserve dedicated study time, as mastering these challenging areas could be the difference between passing from failing.
A balanced approach works best: first, establish a broad foundation across all subjects, then develop deeper expertise in the commonly tested and traditionally challenging areas. Remember to maintain your strengths without over-studying them.