Monday, August 27, 2012

Reading Cases

Reading and preparing for class is sometimes time consuming and overwhelming for those new to law school.  While the process gets easier, there are things you can do to improve these skills early in the semester.  Below, you will find three links to prior blog posts -- these posts will help you improve your reading skills from the very beginning of the semester:

The How of Reading Cases,

Reading Cases,

and

Prof. McKinney’s “TOP 10 Ways to Save Time and Net Better Results when Reading in Law School”.


Monday, August 20, 2012

Class Notes

Welcome to Touro Law! Over the next few weeks, we will be updating the blog with tips to assist you in making a successful transition to law school.

One of the first questions that new law students ask is what should be included in class notes - below are things to consider:

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.

Now is also a great time to mention Professor Darrow-Kleinhaus' book, Mastering the Law School Exam - you will find pointers like these and more 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.