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”.
Showing posts with label reading skills. Show all posts
Showing posts with label reading skills. Show all posts
Monday, August 27, 2012
Tuesday, September 27, 2011
Prof. McKinney’s “TOP 10 Things That Get In Your Way When Reading in Law School”
1. Reading with a closed mind.
2. Panicking over confusion.
3. Reading for too long in one sitting without a break or consciously (or unconsciously) rewarding yourself for studying for long hours rather than rewarding yourself for studying efficiently and effectively.
4. Not scheduling enough reading time to understand the material, or failing to skim less important information and slow down when hitting key language.
5. Not scheduling at all – “reading until I get it.” Students who adopt a “reading until I get it” mantra sometimes also reward themselves (consciously or unconsciously) for working long hours rather than for working efficiently and effectively (a better goal).
6. Reading cases in isolation from one another and from surrounding material in the casebook (most especially, from Notes and Problems).
7. Reading as if you are still in your prior discipline. Different disciplines benefit from different reading strategies and have different purposes. Look, for example, how lawyers use policy v. how political scientists might view policy.
8. Looking for the rules in exact words – often rules have to be inferred from the action the court took.
9. Perfectionism: (a) Writing perfect briefs. (b) Striving to have the perfect answer in class. (c) Writing down everything during class (d) Reading sequentially without being willing to take some guesses as to meaning and test them as you read on later.
10. Lack of attention to either (a) detail (what’s the “exact” legal question in front of the court – what did the court expect the parties to show to establish a claim or defense in this court?); or (b) the big picture (how does this case help me better understand this area of law? What are the broad-sweeping issues that courts are influenced by in this area of law?)
This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).
Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.
2. Panicking over confusion.
3. Reading for too long in one sitting without a break or consciously (or unconsciously) rewarding yourself for studying for long hours rather than rewarding yourself for studying efficiently and effectively.
4. Not scheduling enough reading time to understand the material, or failing to skim less important information and slow down when hitting key language.
5. Not scheduling at all – “reading until I get it.” Students who adopt a “reading until I get it” mantra sometimes also reward themselves (consciously or unconsciously) for working long hours rather than for working efficiently and effectively (a better goal).
6. Reading cases in isolation from one another and from surrounding material in the casebook (most especially, from Notes and Problems).
7. Reading as if you are still in your prior discipline. Different disciplines benefit from different reading strategies and have different purposes. Look, for example, how lawyers use policy v. how political scientists might view policy.
8. Looking for the rules in exact words – often rules have to be inferred from the action the court took.
9. Perfectionism: (a) Writing perfect briefs. (b) Striving to have the perfect answer in class. (c) Writing down everything during class (d) Reading sequentially without being willing to take some guesses as to meaning and test them as you read on later.
10. Lack of attention to either (a) detail (what’s the “exact” legal question in front of the court – what did the court expect the parties to show to establish a claim or defense in this court?); or (b) the big picture (how does this case help me better understand this area of law? What are the broad-sweeping issues that courts are influenced by in this area of law?)
This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).
Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.
Friday, September 23, 2011
Prof. McKinney’s “TOP 10 Ways to Save Time and Net Better Results when Reading in Law School”
1.Never, ever read when you’re too tired to get it. Take a break.
2. Read in an enjoyable spot that is conducive to efficient work and a sense of serenity and security. Don’t read where you’re likely to fall asleep.
3. When reading a case, find the exact legal question in front of the court, how the court answered that question, and what other legal options the court rejected. Take good, efficient notes that succinctly summarize the important take-away points. If you’re confused, hang on and read surrounding cases and supporting material included in that section of the casebook before giving up.
4. Read the notes and problems before class so you can clarify confusion AND discover areas that are beyond your present ability to comprehend.
5. Don’t park your common sense at the door. Bring your prior knowledge and common sense into what you’re reading. Embrace your thoughts and reactions (“hear” what you’re thinking about as you read – lots of valid ideas lurk in the questions you’re asking yourself or the associations you’re making).
6. Separate confusion over language and writing style from confusion over content/subject matter. If it’s the language that’s a problem, try rewriting the material, using a dictionary, drawing inferences from context, reading more slowly, or talking it through out loud. Once you’re past any language barriers, try making lists or charts, or restate the rules to solidify your conceptual understanding and identify questions blocking your progress.
7. Make it real. Don’t let the study of law become an esoteric mental game. It is about real people who had a real conflict. A judge (or several judges) eventually resolved that conflict. See the conflict in your head. Relate the rules applied by the court to situations you’ve experienced, have heard about, or can imagine.
8. Know when the material is over your head. Write down the questions that are blocking your understanding and move on as best you can, or turn to a treatise, your professor, or a friend. Get the answer eventually – don’t just drop it – if common sense tells you it’s important.
9. Before class, you only need to build a “working hypothesis” to polish in class about the cases and about the area of law being examined. Don’t expect to know all the answers before you get there. Understand what happened in each case AND know the core concepts in the area being explored before you go to class and then work on (a) correcting misconceptions, and (b) exploring the outer limits of the relevant concepts in class.
10. Embrace confusion. Confusion is a great tool and a great sign that you’re thinking hard about complex issues. Use a treatise when an area of law feels like it’s over your head or beyond your present ability to understand fully. Talk to your professor and ask your friends about the questions you have. If you can’t “see” a rule well enough to apply new situations to it consistently after class, you need to explore it further.
And #11— What We’re Tempted to Forget: Limit your study time, no matter what. No one can study (read, think, be engaged in class, meet with teachers, work in study groups) effectively more than 55 hours a week, on average, for an entire semester. There are some weeks you won’t have to study that hard; other weeks you may study a tiny bit more. Write a schedule and stick to it. Take advantage of 20 minutes here, 20 minutes there to knock out a case. Spend your non-study time in activities that replenish you and bring joy to your life. If you’re working significantly less than 45 hours a week, consider if that’s enough.
This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).
Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.
2. Read in an enjoyable spot that is conducive to efficient work and a sense of serenity and security. Don’t read where you’re likely to fall asleep.
3. When reading a case, find the exact legal question in front of the court, how the court answered that question, and what other legal options the court rejected. Take good, efficient notes that succinctly summarize the important take-away points. If you’re confused, hang on and read surrounding cases and supporting material included in that section of the casebook before giving up.
4. Read the notes and problems before class so you can clarify confusion AND discover areas that are beyond your present ability to comprehend.
5. Don’t park your common sense at the door. Bring your prior knowledge and common sense into what you’re reading. Embrace your thoughts and reactions (“hear” what you’re thinking about as you read – lots of valid ideas lurk in the questions you’re asking yourself or the associations you’re making).
6. Separate confusion over language and writing style from confusion over content/subject matter. If it’s the language that’s a problem, try rewriting the material, using a dictionary, drawing inferences from context, reading more slowly, or talking it through out loud. Once you’re past any language barriers, try making lists or charts, or restate the rules to solidify your conceptual understanding and identify questions blocking your progress.
7. Make it real. Don’t let the study of law become an esoteric mental game. It is about real people who had a real conflict. A judge (or several judges) eventually resolved that conflict. See the conflict in your head. Relate the rules applied by the court to situations you’ve experienced, have heard about, or can imagine.
8. Know when the material is over your head. Write down the questions that are blocking your understanding and move on as best you can, or turn to a treatise, your professor, or a friend. Get the answer eventually – don’t just drop it – if common sense tells you it’s important.
9. Before class, you only need to build a “working hypothesis” to polish in class about the cases and about the area of law being examined. Don’t expect to know all the answers before you get there. Understand what happened in each case AND know the core concepts in the area being explored before you go to class and then work on (a) correcting misconceptions, and (b) exploring the outer limits of the relevant concepts in class.
10. Embrace confusion. Confusion is a great tool and a great sign that you’re thinking hard about complex issues. Use a treatise when an area of law feels like it’s over your head or beyond your present ability to understand fully. Talk to your professor and ask your friends about the questions you have. If you can’t “see” a rule well enough to apply new situations to it consistently after class, you need to explore it further.
And #11— What We’re Tempted to Forget: Limit your study time, no matter what. No one can study (read, think, be engaged in class, meet with teachers, work in study groups) effectively more than 55 hours a week, on average, for an entire semester. There are some weeks you won’t have to study that hard; other weeks you may study a tiny bit more. Write a schedule and stick to it. Take advantage of 20 minutes here, 20 minutes there to knock out a case. Spend your non-study time in activities that replenish you and bring joy to your life. If you’re working significantly less than 45 hours a week, consider if that’s enough.
This posting was submitted by Ruth Ann McKinney, Clinical Professor of Law at the University of North Carolina School of Law. Professor McKinney has served as Director of UNC Law's first-year legal writing program and its academic success program for over twenty years, including three as Assistant Dean for Legal Writing & Academic Success. She is the author of Reading Like a Lawyer (Carolina Academic Press 2004), Core Grammar for Lawyers (an online, self-instructional tool available at www.coregrammarforlawyers.com), and Legal Research: A Practical Guide and Self-Instructional Workbook (5th ed. with Scott Childs 2009).
Copyright 2011 by Professor Ruth Ann McKinney, the UNC School of Law. Reprinted with the permission of the author.
Tuesday, September 6, 2011
Case Synthesis
Beginning in your first few weeks of law school, you will probably hear discussions about case synthesis, and you might wonder what it means to synthesize the cases you have read for class. Reading cases is one important way that you will learn the law, and case synthesis is the act of connecting the elements in the cases you have read to create an understanding of the law as a whole -- you should work to identify the relevant pieces of authority for a legal issue and put the corresponding pieces together to determine a framework that reasonably supports the legal issue in question. The process of putting these elements of the rule together will create a complete body of law -- this is the principle of synthesis.
So, you might ask, how do you go about doing this task: you will want to start with the cases you read on a particular subject (i.e. battery in torts or offer in contracts). You should keep a focus on the rule, and look at each individual case to see what each case stands for in context (i.e. is the case illustrating an element of rule, a distinction, an exception to the rule, etc.). When synthesizing cases for your classes, you should look for patterns and similarities. These patterns will help you build a rule -- thus, in making sense of the cases you have read in class, and with a little practice, you will be able to formulate a picture of the law, a skill that will be invaluable throughout law school and into your legal career.
So, you might ask, how do you go about doing this task: you will want to start with the cases you read on a particular subject (i.e. battery in torts or offer in contracts). You should keep a focus on the rule, and look at each individual case to see what each case stands for in context (i.e. is the case illustrating an element of rule, a distinction, an exception to the rule, etc.). When synthesizing cases for your classes, you should look for patterns and similarities. These patterns will help you build a rule -- thus, in making sense of the cases you have read in class, and with a little practice, you will be able to formulate a picture of the law, a skill that will be invaluable throughout law school and into your legal career.
Wednesday, September 29, 2010
Reading Cases
Several students have stopped by our offices with questions about reading cases, and several have asked how all of these cases relate to their law school experience as a whole. These students have wanted to know how much they need to know about every case for their finals, and how much of each case they need to include in their outline. Below is an excerpt of a blog post written by Dean Amy Jarmon, which includes a summary of how you should attack your case reading and briefing for the semester:
All cases are not equal in importance. Some cases are read for historical background only - the law will change by the last case on a sub-topic. Some cases are packed full of important essentials such as rules, policies, jurisdictional differences, important points of reasoning. Some cases are included for just one smaller essential: a definition or an exception.
Cases need to be read at two levels. What are the important aspects to understand about the individual case itself? This level of reading focuses on the parts within a case and the specifics one needs to understand the case. How does the case fit into a series of cases, into the sub-topic, and into the topic? This level of reading focuses on the synthesis of the case into the larger body of law that one is learning.
Cases are a starting point in the study of law rather than an ending point. Cases show us how judges think about the law. Cases teach us how to extrapolate the most important aspects from the full opinion. Cases provide us with "tools" for our toolkit so we can solve new legal problems. Cases become illustrations in outlines rather than the basis of outlines. Professors will not ask one to "recite everything you know about Case X" on their exams.
Cases are essential to the practice of law. Lawyers read and analyze cases every day. They are constantly searching for precedents that relate to their clients' cases. Thus, the time spent in law school on reading and briefing is not merely an "ivory tower" exercise. Students who become skilled at these tasks are making an investment in their future expertise. Students who use canned briefs or headnotes as substitutes for these tasks ultimately shortchange their professional growth.
Case reading and case briefing are important legal skills that take time to learn. The process becomes faster as the law student becomes more expert at analysis. It also becomes faster once the law student understands why we read cases.
See Amy Jarmon, Reading cases for more oomph, Law School Academic Support Blog, September 20, 2010, available at http://lawprofessors.typepad.com/academic_support/.
Friday, August 13, 2010
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)
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)
Friday, July 23, 2010
Importance of Building a Legal Vocabulary
The first weeks of law school can be intimidating and overwhelming - law school is unlike any of your other academic endeavors and involves learning a whole new language. Part of the difficulty of law school is adapting to and making use of this new language. You should not gloss over the words you do not understand, nor should you simply try to figure out the meaning of the word in context - having a basic knowledge or guessing what a word means will only hinder your understanding of the law. Often, you will find that preconceived ideas about the meaning of a word will differ from the actual legal meaning.
Thus, part of preparing for class and studying should include looking up and working to develop an understanding of unfamiliar words - make this part of your regular study routine, and as you continue throughout the semester, your legal vocabulary will continue to grow, you will find fewer and fewer unfamiliar words, and you will be more comfortable in your ability to be conversational in the law.
There are many legal dictionaries and online resources to help you build your legal vocabulary - Black's Law Dictionary is the most well known (it is even available on Westlaw and as an iPhone app). Pick a legal dictionary that works for you, and make use of it during the school year - by the time the semester is over, and you are studying for finals, it will make your understanding of the law so much more manageable.
Thus, part of preparing for class and studying should include looking up and working to develop an understanding of unfamiliar words - make this part of your regular study routine, and as you continue throughout the semester, your legal vocabulary will continue to grow, you will find fewer and fewer unfamiliar words, and you will be more comfortable in your ability to be conversational in the law.
There are many legal dictionaries and online resources to help you build your legal vocabulary - Black's Law Dictionary is the most well known (it is even available on Westlaw and as an iPhone app). Pick a legal dictionary that works for you, and make use of it during the school year - by the time the semester is over, and you are studying for finals, it will make your understanding of the law so much more manageable.
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