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/.

Outlining - Organizing by Rule

Now that we have discussed the big picture of what an outline is and how to go about starting your outline, let's talk about the details of organizing your outline by the rules and how much of the rule you need to know.

Your outline should be organized by rule of law, not by the case - yes, you learn the rules by reading cases, but when it comes to outlining, everything gets stripped away, and the remaining rules (that is: definitions, elements, factors, exceptions, and defenses) are left.

Things to think about when putting together the rule of law in your outline include:

• How is the rule defined?


• Are there any words within the rule that need to be defined?


• Under what facts or circumstances would the rule likely apply?


• Are there any tests or factors that must be met?


• Are there limitations, exceptions or exemptions?


• Are there any consequences for applying the rule?


• What would be the result of applying the rule to the applicable parties?

These points are just to get you started; your outline has to have enough detail to allow you to learn the law with specificity, thus you should include enough detail so that you can use it as a study tool, but not so much detail that you get bogged down and lose sight of the big picture. So in determining whether you have enough detail; ask yourself:

1. Have you been able to define the rule fully and completely (including knowing how it might arise in context), and


2. Do you appreciate how the rule operates (including knowing what happens if the court finds the rule applicable; and what are the likely results, outcomes effects, etc.).

So what about all those cases you read in class? They have a place, but the weight depends on the class and your professor. Listen for clues in class, such as when you professor tells you that you the applicable case is a "seminal" case; when a rule of law or legal doctrine is derived from a specific case (i.e. the Erie Doctrine, a Brady violation, Miranda rights, etc.); or when a professor tells you that you need to know the specific case - these are pretty good signs that you should include the case name and holding in your outline, as well as understand the case as you would any other rule of law.

Further, your class notes are an important tool for compiling your outline as they should capture what you learned in class, as well as give insight into your professor's tone and points of law your professor highlighted in class.

Introduction to Outlining

Your outlines are where you can adequately make sense of the concepts from your respective classes and figure out the relationships between these concepts. It is important to know how to outline, as well as understand what your outline should include because you will have to generate your own outlines - you are best suited to do so!

[A note about commercial outlines: while they may provide the rules of law, they provide the material in such a generic manner that it will not necessarily follow how your professor teaches the class, so you should not depend solely on these sources because they may fail to capture of the nuances and emphases that are pointed out in class.]

The purpose of your outline is two-fold:

1. Your outline is a vehicle for you to learn the law because it requires you to organize and record the information for your understanding and retrieval. In doing this, you must take apart the individual rules and connect them in a way that reflects how the rules interact as a whole - it is not enough to know the individual rule, but you must also know how the rules work together.

2. It helps you prepare for exams because while writing your outline you have worked through the analysis of issues you are likely to find on your exam. Your outline will contain all you need to know when studying for exams, and in the way you need to know it.

When should you begin outlining?

You should start early in the semester, but not so early that you do not have the full picture of one topic. We suggest beginning outlines when you have completed one topic, and gradually adding to your outline - topic by topic as you proceed throughout the semester.

Where do you start?

There are many places to begin - your syllabus will provide a sequence and structure for your outline; likewise, the table of contents in your casebook will help you by dividing topics. These can both be places to start in determining how to sequence your outlines, and what topics need to be covered.

How do you format an outline?

We suggest a regular outline format with a bullet or numerical scheme - it doesn't matter which format you decide; the point is that you will want to rank concepts, and identify main topics and subtopics. Usually, there is a logical sequence to follow in analysing a problem based on the construction of the rule, and this hierarchy should be worked out in your outline (again, your syllabus or the table of contents from your textbook are great places to see the hierarchy; hornbooks may help with subheadings, too).

The real work of outlining comes from synthesizing the material so that you can differentiate between the main topics and the subtopics; and do not be afraid to go outside your casebook and notes for help - hornbooks are a great resource for explaining material.

Once you have your main topics and subtopics, then you can begin to fill in the pieces to provide substance and meaning by filling in the outline with definitions, cases and examples.

Intro to IRAC

The vast majority of your exams in law school test your ability to "think like a lawyer" - in achieving this goal, you should master the IRAC structure of legal analysis; that is a structure that lays out the "Issue, Rule, Application, Conclusion." IRAC can be an important guide for you because all professors want your exams to include well-reasoned arguments based on the analysis of the relevant issues and an application of the relevant facts. Generally, your answer will depend upon how you have articulated your understanding of the facts, recognized the issues, and explained the applicable rules - it is by this reasoning that you will reach the conclusion.

In essay exams, the fact pattern may be as short as one paragraph or as long as several pages; the question may include one, two, or multiple parties - at this point, these details don’t matter. Your job is always the same: address the question that is asked by giving an explanation of the law and the facts. Regardless of the form, each issue and sub-issue will be organized and analyzed individually; and you will be able to analyze each issue based on the relevant facts and law.

Below are a few points you should think about when writing an exam or practicing your exam writing skills with hypotheticals:

• Begin by identifying your issue: a construction of whether [rule of law] when [relevant facts] is often useful (i.e. The issue is whether Steve committed the tort of trespass to land when he entered the neighboring plot of land to retrieve his hat.).
• Introduce and articulate the rule: do not forget to identify the controlling body of law (i.e. Under the U.C.C. . . .), and follow a hierarchy of concepts (it is often effective to move from general to specific; make sure to include relevant legal definitions and any exceptions or exclusions, if applicable).
• As for your application (or analysis): begin by a transitional word (here, in this case, etc.) and use the word because to link your rule to the relevant fact (i.e. liability for trespass to land occurred when Steve stepped onto his neighbor's land because he fully intended to do so.).
• Offer a conclusion for each issue, and repeat your IRAC for each issue and sub-issue of the hypothetical or exam.

Professor Darrow-Kleinhaus fully walks you through a successful IRAC in her book, Mastering the Law School Exam (Thomson West 2006), which can be your guide to IRAC as it further expands on the points illustrated here.

Case Briefing

Several first year students have stopped by for advice on case briefing. There are many ways to brief a case stylistically, but regardless of your style, your case brief is a summary of the case that you have read for class - your brief should break down the elements of the case and allow you to identify the facts, procedural history, legal issue, and law at hand.

A great resource to use as a guide for case briefing is Dean Charlotte Taylor's book, Bridging the Gap Between College and Law School: Strategies for Success (Carolina Academic Press 2001, 2009) (http://www.cap-press.com/authors/209/Charlotte+D.+Taylor).

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!

First Year Teaching Assistant Program

Welcome to Touro (and welcome back to the TAs). We plan to have the Teaching Assistant program fully in place, and with sessions to begin the first full week of classes. Below are dates and administrative matters that will help the Teaching Assistant program run smoothly during orientation and the first weeks of school:

We will have a table set up during Orientation for First Years to sign up for TA sections - please look for us and make sure to stop by on Monday, August 16th or Wednesday, August 18th to sign up. Also, make sure to purchase Suzanne Darrow-Kleinhaus' book, Mastering the Law School Exam (Thomson West 2006), when you purchase your books - Mastering the Law School Exam will be used during the TA sessions.

An email will be sent to all First Year students on Sunday, August 22 confirming your TA session - the email will include your TA's name and email, the time you will meet, and the respective room number. Please make sure to check your Touro email account for this information; TA sessions will begin on Monday, August 23rd.

Save the Date: students that have applied for and are selected to be TAs this fall should plan to attend a mandatory orientation and training session on Sunday, August 22nd at 10:30 a.m. The session should last about two hours and details will follow in a subsequent email.

Enjoy the last few weeks of summer and we look forward to working with you this semester!

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.