Still don't get why I shouldn't brief cases

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Naked Dude
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Re: Still don't get why I shouldn't brief cases

Postby Naked Dude » Sat Aug 27, 2011 11:43 am

jjlaw wrote:
rdcws000 wrote:In my experience, the professor is rarely going to ask you "what was the rule in this case?". More likely, they will ask you, "What was this case about?" (in a roundabout way). For this reason, and for my own studying later in the semester, I have found it invaluable to have short briefs on every case. My briefs are never more than 1/3 of a page long, and they basically sum up the key principle of the case in my language.


I just started 1L, but I've found that my professors tend to stay on the person they've cold-called on for at least 10 minutes asking about the facts, procedure, and the judge's reasoning. It seems like you'd have to prepare a brief in order to answer all of these questions to satisfaction. I've been highlighting in technicolor and writing out the briefs, but I'd really like to cut out the briefs part. Does anyone have advice on how I can get away with not doing the briefs but still do well when getting called on for 10 minutes about one case?

Do other professors only ask one question (i.e. facts) and move on to another person to ask another one (i.e. procedure)?


from personal experience this week--I read very carefully and try to flesh out my understanding by giving a quick glance at a supplement if I'm unclear (always being mindful of the supplement vs. my professor's wording). Really tease out the rule, preexisting rule, "forks" if there is a dissenting opinion, policy reasons if applicable. Procedure and facts can simply be underlined and read from if called on--I was fine with trying to develop a deep understanding of the reasons behind the rule and its applications. briefing is a crutch--one of many. If you read carefully, and thought carefully about the case, and made some basic notes about yourself, the only reason you'll look bad is stage fright.

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gothamm
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Re: Still don't get why I shouldn't brief cases

Postby gothamm » Sat Aug 27, 2011 11:59 am

i see.

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spleenworship
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Re: Still don't get why I shouldn't brief cases

Postby spleenworship » Sat Aug 27, 2011 2:32 pm

So far I am briefing, but sparsely- just enough to remind myself of what is up so I can answer some questions in class. But I do read the whole damn case first. Actually, I kind of like them.

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northwood
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Re: Still don't get why I shouldn't brief cases

Postby northwood » Sat Aug 27, 2011 2:39 pm

I think the point of briefing is to learn how to figure out the important parts of the case- and see how the rule is applied- and why. Do you need to know all of the procedural history and nitty gritty facts? I dont think so for the final, but you may want to know how aand why they are relevant to the issue and application of the rule, and be able to see how the rule would play out if the facts were altered.

Maybe a lot of people are afraid of looking like an idiot in class by not remembering it all, and thus write out all of the little details in their notes to soothe their feathers, I for one know im an idiot most of the time- and am okay with it- but as long as i got the most important parts down inmy notes, and know how it applies- well then i dont care how my other classmates think of my intellectual in class talents. IT all comes down to the test an dhow you perform on it. So you need to know the rule, how and why it applies.

( but i could be totally wrong about all of this)

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spleenworship
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Re: Still don't get why I shouldn't brief cases

Postby spleenworship » Sat Aug 27, 2011 2:56 pm

northwood wrote: IT all comes down to the test an dhow you perform on it. So you need to know the rule, how and why it applies.

( but i could be totally wrong about all of this)


Are you actually getting the rule in class though? I spot a bunch of rules in each case (the rules they used, then the rules they came up with which are now precedent)... but I feel extremely fortunate if the prof is kind enough to actually mention the rule. Most of the time they all seem to skip it, or ignore it, or disagree with it (which is fine- provided they give me a rule to exchange it for, which they don't seem to want to). So while I have an idea of what the case says the rules are, I can't modify my answer on the final if the prof got something different out of the case than me. I am finding it very frustrating.

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pjo
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Re: Still don't get why I shouldn't brief cases

Postby pjo » Sun Aug 28, 2011 8:10 pm

AVBucks4239 wrote:What I have been doing is reading the case through pretty much non-stop and only making very short notations in the margins (F for fact, I for issue, PH for procedural history, etc.). When I'm done reading, I go back and type out all the relevant stuff in word document. I definitely think it would take much longer to stop and write every time you see something that should go in a brief instead of reading it straight through.

I have found this only takes about an additional 10 minutes and is usually worth the time. I tried not briefing for one of my classes and it led to me flipping through the casebook and not really listening to the discussion. Having the brief helps me remember the case better and helps me get more out of lecture, so the 10 minutes/case is worth it.

But, even after saying that, I still only put the rule/principle of the case in my lecture notes. I'm just able to pick this out better during lecture if I'm not flipping through my casebook.


+1. This is almost exactly what I've been doing. Reading the whole thing first really helps with summarizing facts.

I've also been keeping a separate "Short Case" document with the case name, one bullet point for the facts, one bullet for the holding, one to two bullets for the reasoning.

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MrPapagiorgio
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Re: Still don't get why I shouldn't brief cases

Postby MrPapagiorgio » Sun Aug 28, 2011 8:54 pm

pjo wrote:I've also been keeping a separate "Short Case" document with the case name, one bullet point for the facts, one bullet for the holding, one to two bullets for the reasoning.

Definitely support this. Little more detail for the individual class discussion; separate, more concise list in case the prof is a dick and asks about cases on final and/or to use cases to support an argument on final




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