Academic Information: Study Tips
Before Class
Each student should develop learning procedures that are effective for her or him. Because different people learn in different ways, there will be a considerable variety of effective procedures. Some things are essential, however, and it is possible to offer suggestions that will be useful to most students. Helpful materials are also available in the Legal Writing and Analysis texts located in the Reserve Room of the Moritz Law Library
Among the essentials are careful attention to assigned materials; hard and active thought about the problems presented; regular attendance at, and active intellectual involvement in, classes; and some effective form of note taking, case briefing, and outlining.
Much law school instruction, especially during the first year, focuses on case law--that is, on opinions written by trial and appellate courts. One of the first things that the beginning student needs to learn is how to read and understand cases. Virtually all students will find that briefing cases helps in reading and understanding them.
A brief is a written outline of a case. The typical brief will include the relevant FACTS and PROCEDURE, the ISSUE or ISSUES raised, the court's resolution of the controversy (HOLDING), and the court's REASONING that supports the holding.
When reading and briefing a case, a student needs to ascertain, as precisely as possible, what the court did and why. She or he also needs to ascertain the significance of the court's action. The cases in casebooks have not been randomly selected. The casebook editors have selected them for teaching and learning purposes. Each case is included for a reason, such as teaching a particular legal principle or set of principles (or an exception to the rule) or exploring a particular problem. To gain an understanding of a case's significance, it is usually helpful to ask, "Why is this case in the book? What does it teach me that I can use in thinking about analogous situations and in predicting results in future controversies?" Casebook tables of contents, chapter headings and subheadings, and casebook indices often provide helpful clues to the editors' reasons for including cases.
During Class
Classes are often taught through use of the Socratic method. Your professor will call on students to help form the class discussion. Each professor has his or her own method for choosing who to call on in class. Some examples are: in seating order, alphabetically, on-call lists, or purely random.
When called upon, you will usually be asked about a case that you have read. This is when your case brief will come in handy. Your brief will ideally include just enough information to trigger your memory and to serve as a tool to ease any nervousness you may feel. After discussion of a case's facts and holding, you will usually be asked about the rationale of the holding. In addition, your professor will probably use you to help the class understand the application and the significance of the case by asking you hypotheticals. The hypotheticals usually bring in new facts and complications and require you to figure out how a court would rule and why.
The Socratic method is an important part of the law school experience. You should try not to feel so nervous about it that you do not take advantage of all it offers. Remember -- all your classmates will go through it. Usually you will surprise yourself with how well you perform. Pay attention to what your classmates say in class. Remember that the professor is using the Socratic method instead of lecture style, so your classmates will be the source of valuable class material. Your classmates bring a wide variety of perspective and experience to the discussion.
In class, you should take notes on your briefs or in a notebook. Undoubtedly, there will be important points you overlooked, never thought of, or did not understand. Class attendance is very important not only for professors who use attendance as part of your grade, but for your long-term benefit and the benefit of your clients. The American Bar Association requires Moritz College of Law to have, and to enforce, an attendance policy. A student who fails to attend classes may, in appropriate circumstances, be administratively withdrawn from the course. Faculty Rule 9.22D provides: "A student who is not officially withdrawn from a course or seminary and fails to complete the same will receive a grade of "E"." Remember, in three years, your employers and your clients will be relying on you to have taken full advantage of your educational opportunity.
After Class
Most students will do a lot of their learning after class. They will revise their case briefs and notes and their ideas in light of what went on in class. They will discuss with classmates the material studied, either in organized study groups or informally among friends. And they will prepare course outlines and otherwise review and synthesize their learning.
Most of your studying should focus on your casebooks and on your briefs, notes, and outlines. But when you have difficulties understanding particular matters, you may want to resort to such library reference materials as treatises, hornbooks, and Restatements. It is probably a good idea to ask your professor which study aids he or she recommends for the course. These treatises can be effective in helping you learn, but it is crucial to remember that they are supplemental to, and not a substitute for, concentration on the assigned materials and class discussion.
Students are encouraged to prepare their own outlines for each course. Many students find that, by synthesizing class notes, casebook material, class discussion, and other sources into an outline, they can best learn the course material. Commercial outlines are available, but these sources do not incorporate all of the course materials and class discussions. Many professors prohibit students from using commercial outlines during exams but allow students to use outlines that they prepare themselves.
Examinations
The primary basis for course grades will be examinations. In some first-year courses, interim exams will be given, but in many courses the entire grade will be based on the final examination. Some professors will include written assignments and class participation in the course grades. Some may penalize the student, or even drop a student from the course, for a poor attendance record. Your professors will announce their grading policies early in the semester. Failure to complete a course may result in a grade of "E" on the student's record. Students must re-take any required course in which they receive a grade of "E."
To allow examinations to be evaluated anonymously, each student is issued a three-digit examination number for each examination period (first semester, second semester, etc.). Law examinations are administered under the provisions of the Honor Code, and students are required to sign the honor pledge by number at the close of exams. Most examination time periods range from three to five hours (and go by much faster than you would like). Special rooms are usually assigned for students whose faculty permits the use a computer for an examination.
Students with disabilities should contact the Associate Dean for Academic Affairs with the appropriate documentation to receive an exam accommodation. Because 1L Legal Research takes place in October, students with previously documented disabilities should begin this process no later than September 15th. Students with temporary disabilities should contact the Associate Dean for Academic Affairs as soon as they become aware of a physical or other impairment that might require an accommodation.
Examinations may be objective, essay, or a combination of the two. Objective questions may be true-false or multiple choice. The most prevalent type is the multiple-choice question, in which the student is required to choose the best among several answers. Such questions require careful reading and analysis. The most common type of essay question involves a factual pattern and asks the student to recognize and deal with the various legal problems raised. Law professors like well-organized, concise, and direct answers that develop all of the issues.