Active Reading

When working thought hypothetical problems, multiple choice questions and during exams, you should read the questions "actively" -- but, what does it mean to read actively? “Active reading” means that you search for and identify the following:

The sub-area of law: when you study for a specific class or walk into your exam, you know the subject matter, but there are still wide open categories and you must narrow it down specific sub-topics. A critical component of reading actively is reading in context -- on exams, it’s your job to provide the context.

The legal relationship between the parties: it is important to pay attention to the legal significance of parties’ relationships. The nature of the relationship is often of major significance to a resolution of the problem. Often, professors will use such relationships to test your ability to note distinctions in how the law treats such relationships (you may be dealing with fiduciary duties, different standards of care, and additional obligations imposed by law).

Amounts of money, dates, locations, quantities, and ages: be sure to pay attention to dollar amounts, dates and times, quantities of items, jurisdictional information, and any ages if they appear in the fact pattern. These details can be important for so many reasons: imagine skipping over a time sequence of events in a contractual relationship, then your analysis of the offer, acceptance, and requirements for performance may be way off. Dates also signal statute of limitations problems. Ages are generally tied to a statutory issue (consider statutory rape) or a standard of care (fiduciary duty) while money and location information tend to indicate jurisdictional thresholds. Reading carefully assures that you won’t miss critical signals.

The words “oral” and “written”: these words figure prominently in contract, property, and evidence questions. They signal potential issues with the Statute of Frauds, enforceability of promises, transactions with respect to land, and even admissibility of certain kinds of evidence. Also, note language that signals a writing or oral conversation i.e, a letter, a fax, or a telephone call.

“Active reading” does not include:
Adding facts to the problem: unless you are told to do so specifically by the call of the question, you are never to add your own facts. In most cases, you are given all the facts you need and should use only those facts.

Making assumptions: never make assumptions -- this will lead you astray and into dangerous exam territory. Remember, an assumption is not the same as a logical inference, which often must be made from the facts you’re given. (When working with a set of facts, you may need to draw factual inferences and connect these inferences to the dictates of the rule.)

Never confuse your parties: as you read and before you write, make absolutely certain that you are clear about who is doing what to whom. You don’t want to confuse the actors.

As always, you can refer to Mastering the Law School Exam for further tips on practicing your active reading skills.