Hypotheticals

Making use of hypotheticals throughout the semester is one of the best ways to prepare for exams - this does not mean waiting until the last minute, but working hypos throughout the course of the semester and whenever you finish a topic in class. Working though problems along the way is an effective tool for mastering a subject and determining whether or not you really understand the subject - if you are working on hypos as the semester progresses, you will have time to find answers to the questions that inevitably will arise when you learn new material, instead of cramming at the last minute. Many subsequent posts will reiterate the importance of hypos, and ways to successfully work through hypos, but it is important to mention from the outset that there is a database of hypos available to you (see www.tourolaw.edu/adp [password required]).

Law School Shorthand

When taking notes in class, do you use shorthand? Much like everything else, there is no one right or wrong way to do things, but making use of abbreviations can be a time saver.

Below are some helpful abbreviations:

∏ or P- plaintiff
∆ or D- defendant

Aff’d- affirmed
Rev’d- reversed

TC- Trial Court
AC- Appellate Court
DC - District Court
SC or SCt - Supreme Court

Ame – Amendment
ans – answer
arg. - argument
AE – assignee
AR – assignor
a/r - assumption of risk
atty - attorney

bc or b/c – because
B – beneficiary
BFP – bona fide purchaser
BoP or b/p – burden of proof

CL – common law
CP – condition precedent
CS – condition subsequent
cx - consideration
Con. – constitutional(ity)
K- contract(s)
Corp. – corporation
Ct. - court

dem – demurrer
diff – different
disc or discrim - discrimination

EE – employee
ER – employer
Emp - employment
Ev – evidence

Fed – Federal
FRCP - Federal Rules of Civil Procedure
FRE - Federal Rules of Evidence

g/r or GRULE – general rule
gov or gov’t - government

HDC – holder in due course
H – husband

JNOV - judgment notwithstanding the verdict
j/t – joint tenant
J - judgment
Jdx or jurisd - jurisdiction

L - landlord

Maj. – majority
Min. - minority
MTD - motion to dismiss

Neg. – negligence

OE – offeree
OR – offeror

p’ship - partnership
PJ - personal jurisdiction
p/f – prima facie
PE – promisee
PR promisor
Prop – property

Rxn – reaction
Req’d - required
R, R2 - Restatement of Law, Restatement Second
Rev - review
RAP – Rule Against Perpetuities

§- section
St – state
Std – standard
SoL – statute of limitations
SoF – statute of frauds
SL – strict liability
SMJ - subject matter jurisdiction
SJ - summary judgment

TRO - temporary restraining order
T - tenant
TP or 3rd P – third party
TPB or 3rd PB – third party beneficiary

UCC – Uniform Commercial Code

v - versus

W - wife
w/ - with
w/in - within
w/o - without

Update: additional abbreviations have been added here.

Class Notes

Going to class and actually listening to your professor is one of the most important steps in the learning process. Make sure to listen to what is being said, and to how it is said. Also, pay attention to vocabulary and write down every legal term of art. Your goal in class is to learn to speak the language of the law.

While in class, your notes are to capture what occurred on a particular day, allowing you to relive what was covered (cases discussed, questions asked, comments made, etc.). Taking notes in law school will be different than notes you have previously taken; you’re not expected to make a transcript of each class, which begs the question, what should you write? Below are a few pointers of what should be in your notes:

• Points, questions, and observations your professor makes about the cases. Pay attention to how your professor “thinks” about a case, which is quite different from the basic information you already have in your case briefs.

• All the questions the professor asks in class. Remember, with some professors, all you get are questions and it is a huge mistake to overlook the questions while waiting for “answers” (because "answers" are not likely to come). The answers may even be the questions because the answers you’re looking for are in the questions that the professor asks of you and the material. In these cases, your job will be to learn to ask the same types of questions - soon you’ll be the one asking the questions, finding the problems in the case, and the inconsistencies in the court’s reasoning.

• Write down every hypothetical and example. These hypotheticals are often reincarnated on final exams -consider every hypo as a potential exam question and write it down, and don't forget to write down the variations, too - professors are known to present one problem and then change the facts.

• Comments relating to policy, legal theory, and doctrine. These are tips to how your professor thinks about the law, and how you should be learnig to think about it.

• Everything written on the blackboard, dry erase board, presented in a PowerPoint presentation, etc. Law professors are traditionally so “low-tech” that even writing on the board is a major event - when it happens, you can be sure it’s important.

• Legal terms: As discussed previously, since your job is to learn the language of the law, make sure you write down the words, phrases, and legal terms of art associated with the topics as they are discussed.

• Steps of analysis; tests; standards: This is not the same as the “black letter rule.” That’s in your casebook, the hornbook, and every commercial outline. What we are talking about is the way your professor presents the rule to you and the way she works through the sequence of analysis. Listen for such signal language as “there are two questions to be asked” or “the
patterns to look for are. . .” When you hear these clues, you’ll be able to detect that your professor is about to give you the guides for your analysis. Write it down.

Here is also a great time to mention Professor Darrow-Kleinhaus' book, Mastering the Law School Exam - these pointers are derived from there. Mastering the Law School Exam is going to be a great resource for you throughout your academic career, not just for exam prep, but all aspects of your legal education.

Seeking Research Study Participants

Professor Darrow-Kleinhaus is seeking law students to participate in her legal reasoning and problem-solving study. All of the information about the study and how to participate is below in the embedded flyer. We encourage you to e-mail Professor Darrow-Kleinhaus (suzanned@tourolaw.edu) to participate.

The Socratic Method

As we have mentioned, law school is a different experience than undergrad - differences come in the way material is presented and how you’re supposed to learn it; the nature of class interactions and the Socratic method; how long it takes to read court cases and how much work there is to do; and especially the difference between the skills emphasized in class and the ones tested on exams. This blog, as well as the Academic Development Program, are here to help demystify this for you - we are here to help!

As for the Socratic Method, there are a million horror stories out there, but it is nothing to worry about - here is what is important to know: it is true that most law professors don’t lecture; they rely on the Socratic Method and ask questions for you to answer - only sometimes do professors actually give answers. Supplying the answers is your job because professors assume that you have done the reading, will learn the material, and put it all together in a way that’s meaningful to you. One of the professor’s goal is for you to learn to ask the same kinds of questions for yourself, and showing up prepared is the first step in the process.

So how do you get used to the Socratic Method, if anyone ever does?

It helps to realize that your professors are not trying to make you appear foolish in public but are trying to get you used to thinking on your feet. Also, they are trying to make you think in ways you may not have not done before. The best way to deal with this type of anxiety is to be prepared: try to anticipate the types of questions your professor might ask. Pay close attention to the notes that follow the cases in your casebook – these are ripe for the asking!

The How of Reading Cases

With school starting in less than a week, you should have started reading and briefing your first assignments. Below are some tips for how to actively read your assignments:

1. “Prep” the case: establish a framework for new material by identifying the topic before reading.
• Place in context from your syllabus, table of contents
• Know what you are going to read before you read by checking the topic in a hornbook

2. Pre-read the case
a. Look for organizational clues
• How long is it?
• How is the opinion organized?
• Are there headings to the opinion’s organization or main points?
• Is there a dissent?
b. Skim for textual clues
• Are there key phrases: “the rule is well-established,” “there is a two-part test”?

3. Read actively: place yourself in context - who, what, when, where
• Identify the parties by their legal relationship
• Procedural info: which court, what step in the proceedings.
• Identify issue: what is the controversy?
• What does resolution of the matter depend on?

Identify the court’s decision before you begin reading to provide focus and context –
Focus on the basics which are easily overlooked in the rush to find the rules
What was the disposition of the case? (What happened?)
What did the court decide?
Who “won”?
What relief did the court grant?
What did the parties seek from the court?

4. Ask questions of the material as you read.
Is something not clear? If the court’s reasoning seems off, question it. If you see a conflict or a result that doesn’t comport with the reasoning, note it. I bet it will show up in class discussion.

5. Identify what is important about each case.
• Learn to ask before your teacher does: "why is this case in the book?"
• "What does this case add to my understanding of this area of law?”

6. Write notes instead of highlighting.
If you take the time to write a note that states its meaning to you, then you’ve captured its significance in your head.

7. Keep moving
You won’t understand everything the first time around. But you can’t get stuck. Move on. Sometimes the concurring or dissenting opinion will shed more light on the issue than the majority opinion. Often the next opinion in the case book will be helpful.

8. Sum up the case
Force yourself to write a tag line identifier for each case at the top of your brief. This is useful for jogging your memory. For example: “kid kicks classmate” (Vosburg) or “kid pulls chair from under woman” (Daily) or “bull charges woman” (Bosley)

Course Supplements and Study Aids: What are They and What do you Need . . .

For almost every class you take in law school, there will be countless supplemental guides including hornbooks, course outlines, case briefs, and law summaries. There are numerous study aids, including flashcards and audiotapes, and all of these options can be a drain on your finances and time. Further, your professors will have opinions about which study aids are useful, and their suggestions should be your primary guide.

Generally, study aids give you an overview of the law and can be very helpful during the course of the semester and while studying for finals because they help by simplifying or synthesizing the law in varying detail, but it is important to note that can be deceptive because memorizing the law isn't enough - you need to recognize that some books go further in depth than your professor, and others merely skim over a topic that your professor might have spent a great deal of time on; additionally, you will need to be able to analyze and articulate an argument in class and on your exam. Thus, the actual memorization of law from a commercial supplement or study aid might be a step in the right direction, and will help clarify things you do not necessarily understand in class, but merely memorizing the law from these supplements is not enough.

Many 1Ls think they must buy these supplements to be successful, but before running to the bookstore and purchasing every supplement and study aid, know what they are and what they do:

• Hornbooks are written by scholars in the respective area - these books articulate the law and make reference to how the respective cases helped shape the law. Hornbooks can be helpful because you get a clear statement of the law, but they can also be very dense and expensive. The best bet for a hornbook is to borrow it from the Library prior to purchasing to make sure it is right for you - most hornbooks for first year classes are often on reserve.

• Commercial Outlines give an overview of the law - admittedly, they can be useful in some instances, but should never be a substitute for your own work, and often do not go in depth enough for exam purposes. It is important to note that some commercial outlines don't articulate the law correctly or do not give as much detail as you might need on an exam. There are two general categories of commercial outlines: (1) outlines that give an overview of the law, and (2) outlines that give summaries of your cases for class. For both types of outline, it is important to remember that you must still do the work - for example, your professor might focus on a different holding or line of reasoning than the one in the commercial outline, and if you did not do the work yourself, you might have missed the key points of the class discussion.

• Between the Hornbook and Commercial Outline, there are many other supplements that give explanations of the law - these books provide concise explanations, and give more details than the commercial outlines. Most of these options are written by law professors and can be useful to the learning process. Much like hornbooks, many of these books are on reserve in the library and can be helpful in preparing for class and for exams.

• Also, do not forget about study aids with practice problems - practicing from practice problems, multiple choice questions, and hypothetical essays give valuable experience before an actual exam.

Regardless of which supplement(s) you determine are right for you, taking shortcuts is not the answer to a successful law school career - study aids and supplements should be just that, a supplement to the case reading, briefing, studying, etc. that you do on your own and with your study group - they cannot replace the hard work and time that you have to put into studying each semester. In fact, the most useful study aid might just be something you create yourself!

Preparing for Class - FAQ's

With the beginning of the school year rapidly approaching, many of you have questions about what to expect and how to properly prepare for your first classes. Below are some questions that students frequently ask:

How should I prepare for classes?

Read the assigned materials and brief the assigned cases. After you’ve read and briefed the assigned cases, ask yourself the following questions:

• Why was this case in the casebook? (What was unique about the case?)
• What action did the court take with respect to the rule of law in this case – did it uphold the rule, modify it, expand it, narrow it to its facts, uphold the rule but find that it did not apply in this case? 

Why should I brief cases when it takes so long?

Briefing a case has several purposes:
• To practice “dissecting” a case which is essential for law school exam taking; each time you practice articulating the issue, rule, and reasoning of a case, you are practicing essential skills
• To prepare for class
• To use when preparing an outline

Why does it take so long to read even one page of some cases?

In the beginning, reading a case will be like learning a foreign language. For one thing, you are new to the vocabulary of the law. Even if it appears to be “familiar” language, it very likely has a specific legal meaning which you must look up in a legal dictionary. And you must use your dictionary and not simply try to figure the word out from the “context” of the sentence. Remember, you are new to the study of law and have no “context.”

How can I gauge how I am doing during the semester?

To make sure that you are keeping up with the material and learning what you are supposed to be learning, do the following:

• Outline throughout the semester. Create an outline as you progress through the topics covered during the semester. This allows you to synthesize and understand the material as you go along rather than trying to learn it all at once at the end of the semester.
• Practice hypothetical questions throughout the semester – never wait until the final exam. As soon as you cover a new topic in class, look to practice application of the rule in the form of hypos and short answer questions.
• Take several practice exams from your professor’s exams on file during the last month of classes.

How much time should I be devoting to my studies?

It is generally true that you should allow for three hours of study time for every hour spent in class. While everyone works at a different pace and in a different manner, it is essential that you determine what works best for you – and that you do so early on. Set a realistic schedule and stick to it.

Do I need to form a study group?

Not everyone works effectively in a study group – nor does everyone have time for a group, especially evening students. Still, a study group can be an effective way to deal with many of the stresses and adjustments of law school learning. When forming a study group, consider including persons with whom you share similar study habits; and most important, make sure that you set guidelines for meetings and assignments. Each member of the group must be a contributing member in order for the study group to function effectively. And if you do form an outside study group, you can and should model its activities after the TA group that you participate in at Touro. This is an ideal way to follow up on hypotheticals and discussions.

I did well in college but I feel overwhelmed and confused in law school. Is this normal?

Perfectly so. Law school is very different from undergraduate school and other types of graduate education. You are required to learn a vast amount of material and use it in a way that is probably very new to you. Most of you have had little if any experience in analytical thinking where your task is to problem solve. It will take some time to adjust to this different type of learning.

Remember, as you begin your law school journey, do not be so hard on yourself and do not expect to understand everything right away. Touro offers various resources -- make sure to take advantage of all that is offered to you!