Pre-law school preparation + LS study / exam tips
Posted: Tue May 11, 2010 8:00 pm
(Important Disclaimer: The entire original post is a joke. The advice I give is almost exactly the opposite of what is smart. later in the thread (page two) we start giving real advice. Sorry if that's confusing. I have a twisted sense of humor.)
Extra credit: Read the "advice" and figure out why it's bad advice. If you can, you'll get one of the mythical Advantages(TM) I see so many pre-law students craving these days.
------------------------------V The original, un-edited post (satire) V------------------------------
Hi nervous 0Ls! OK, I’ve survived an entire year of law school and decided I want to give something back. Some of these ideas I had myself before starting law school, some I picked up on TLS, and others I figured out as I went along. But I did try to spend as much time as possible thinking about the process, and thinking about how I would approach it differently given the opportunity.
You’ll see a lot of contrary opinions on this website about prepping before law school. Well, welcome to the legal profession – it’s high time you get used to conflict! For the rest of your career, people will be steering you in different directions. From here on out, you need to learn to trust your gut and come to your own decision when it comes to important matters. And in law school, nothing is as important as your first year grades. No ifs ands or buts: they’ll help you transfer, help you get the job of your dreams, impress your professors, set you apart from your peers... everything you wanted in life, everything you desired when sitting for the LSAT or skimming that book on law school for the first time – it can be yours if your first year grades are good enough.
Unfortunately, the competition is fierce for those grades. But that’s why I’m here: To help you get an advantage. A real leg up, a way to make your professors shocked when they read your exams. A lot of 1Ls don’t get it – but hopefully if you really apply the methods I describe below (obviously if you don’t put in the effort it won’t do you any good) you’ll be in the pole position heading into your first year.
Pre-law school preparation
First thing’s first: federal courts. What’s that, you say? Well, it’s an upper level course – one they often recommend you don’t take until you’re a 3L. But the dirty little secret is that even though the course itself is extremely competitive (getting a good grade in it is critical for prestigious clerkship applications) the doctrine they cover is exactly what you need to do well as a 1L. The class covers the kinds of ideas that bubble up in first year property, torts, contacts, and civil procedure classes - without playing mind games. If you grab the materials necessary to prep for the course, you'll feel like you read the teacher's manual for law school. It's completely ridiculous - they spend the first year not teaching you the things you need to know, then the test you on it. Afterward they go through it all. Lots of 2Ls and 3Ls think it's ridiculous, but that's the way of things - and if you take the initiative, you can get the leg up.
I'd recommend the Fed courts E&E. This was published in February, so you have to buy a new copy. It’ll be worth it though, when come exam to you know about ways the court system can resolve conflicts your peers won’t even be able to imagine: http://www.amazon.com/Federal-Courts-Ex ... =pd_cp_b_2
After that, it's important to get a grounding in the doctrine for your courses, but more important to get a grounding in the kind of legal doctrine that will be IMPORTANT in your courses. Every torts professor teaches torts differently, so reading the torts E&E isn't going to give you a huge leg up. But getting background in other relevant legal doctrine absolutely will. Federal income tax is another good one to study before law school - there are tax implications raised in contracts, torts, and property that you'll understand a lot better if you've at least skimmed a supplement to know how the tax code works.
It's stuff like that which will just get your brain moving in the direction of 'thinking like a lawyer' that will help impress your professors. No need to touch the first year curriculum - but the good stuff that actually lays the foundation (which you usually won't see until 2nd year) is really helpful. Law school is read like that - but if you can learn fed courts and tax inside out before 1L, you'll blow the competition away. There's no doubt about that.
Studying:
The most important thing to doing well in law school is learning the facts from the cases. It’s horrible and painful, but it’s the challenge you’re going to be up against and it’s what you’ll have to do to succeed on exams. Professors aren’t subtle about this – the Socratic method demands you be prepared with the facts of every case, every day if you get cold on – and that goes double for exam time. Spend your time re-reading cases and coming up with thorough briefs would be how I would do it, but there are a lot of ways. I do know one or two people who got high grades while only reading the cases once, but for the most part repetition helps. Re-reading over the weekend or during the exam period is absolutely critical.
Otherwise, outline as you need. Keep the outlines heavy on the cases - especially on open book exams it's helpful to have most of your initial briefs wind up in the outline. A short outline might help as an afterthought, but your first objective should be getting it all into one 'master' outline. And once you know all of the facts of all of the cases well enough, you can start getting ready for the exam by prepping for the kinds of fact patterns and questions you'll be tasked with having answers for (see exam prep later).
Class participation
TLS has a fairly strong anti-gunner reputation, and that’s smart. You don’t want to be obnoxious or raise your hand too often. But you do want to raise your hand, and you have to be ready when called on. The best way to handle the experience is to push back on the professor – ask your own hypos to try and frame the issue. It’ll show that you’re thinking through things, and it will give the professor a chance to resolve any ambiguity in the law. One of the worst things that can happen is stitting down for an exam without knowing exactly how the law you learn will resolve certain fact patterns, so make sure you spend the time in class (or in office hours) to ask. Professors might be vague or try to resist coming down one way, but that’s your task on exams so even if they don’t give you the answer make sure you find it.
Judges resolve legal conflicts – and all legal conflicts are resolved. It’s your task to find those answers during the semester.
Exam Taking:
You’ll see a lot of guides posting exam advice, so I’m just kind of adding to the list here. It’s important to realize what professors are and are not looking for on an exam. You’ll get a fact pattern that’s either totally bizarre compared to what you studied during the semester, or else similar to a case or fact pattern but with some important differences. You’ll have relatively little guidance about how to take that exam, and no chance to practice (remember, final exam = your whole grade). So what should you do?
The most important thing to remember is that this is law school, the study of rules. It’s a son-of-a-bitch process to learn all those rules, but that’s what the professors are testing you on. That leaves two important lessons: First, if you’re not sure how the rules and law you learned will resolve a case, make sure you prove that you know the law! Type out the rules, discuss their interaction, discuss their history (no joke: every person in my class who got an A in torts discussed the development of the doctrine from trespass and trespass on the case in England!). Getting to the right answer (whether it’s yes, no, or maybe) is obviously important, but writing out the law is sort of ‘showing your work’ on an exam. There were so many cases, often in so many directions, that proving you’ve mastered the legal framework is one of the best ways to ensure you get some points no matter what the question is.
The second thing you need to do is solve the legal problem! You’ve been trained to analyze rules and their implementation, and you should be able to answer any fact pattern you are given. Law professors hate NOTHING more than people who attempt to ‘argue both sides’ or show merits to different interpretations of the facts. You need to state the legal rules and then come up with an answer. State it as plainly and directly as possible – I had one prof last year who made sure to doc points for any right answers if you later hedged or included wrong ones. You’ll blow it and get it wrong sometimes, but there will be enough points on an exam that it’s OK. You can’t compete for As if you’re not stating clear conclusions for every legal issue you’re confronted with.
Conclusion
That’s all I’ve got... good luck, and remember- your first year lays the foundation for your career, it’s impossible to work ‘too hard’!
Extra credit: Read the "advice" and figure out why it's bad advice. If you can, you'll get one of the mythical Advantages(TM) I see so many pre-law students craving these days.
------------------------------V The original, un-edited post (satire) V------------------------------
Hi nervous 0Ls! OK, I’ve survived an entire year of law school and decided I want to give something back. Some of these ideas I had myself before starting law school, some I picked up on TLS, and others I figured out as I went along. But I did try to spend as much time as possible thinking about the process, and thinking about how I would approach it differently given the opportunity.
You’ll see a lot of contrary opinions on this website about prepping before law school. Well, welcome to the legal profession – it’s high time you get used to conflict! For the rest of your career, people will be steering you in different directions. From here on out, you need to learn to trust your gut and come to your own decision when it comes to important matters. And in law school, nothing is as important as your first year grades. No ifs ands or buts: they’ll help you transfer, help you get the job of your dreams, impress your professors, set you apart from your peers... everything you wanted in life, everything you desired when sitting for the LSAT or skimming that book on law school for the first time – it can be yours if your first year grades are good enough.
Unfortunately, the competition is fierce for those grades. But that’s why I’m here: To help you get an advantage. A real leg up, a way to make your professors shocked when they read your exams. A lot of 1Ls don’t get it – but hopefully if you really apply the methods I describe below (obviously if you don’t put in the effort it won’t do you any good) you’ll be in the pole position heading into your first year.
Pre-law school preparation
First thing’s first: federal courts. What’s that, you say? Well, it’s an upper level course – one they often recommend you don’t take until you’re a 3L. But the dirty little secret is that even though the course itself is extremely competitive (getting a good grade in it is critical for prestigious clerkship applications) the doctrine they cover is exactly what you need to do well as a 1L. The class covers the kinds of ideas that bubble up in first year property, torts, contacts, and civil procedure classes - without playing mind games. If you grab the materials necessary to prep for the course, you'll feel like you read the teacher's manual for law school. It's completely ridiculous - they spend the first year not teaching you the things you need to know, then the test you on it. Afterward they go through it all. Lots of 2Ls and 3Ls think it's ridiculous, but that's the way of things - and if you take the initiative, you can get the leg up.
I'd recommend the Fed courts E&E. This was published in February, so you have to buy a new copy. It’ll be worth it though, when come exam to you know about ways the court system can resolve conflicts your peers won’t even be able to imagine: http://www.amazon.com/Federal-Courts-Ex ... =pd_cp_b_2
After that, it's important to get a grounding in the doctrine for your courses, but more important to get a grounding in the kind of legal doctrine that will be IMPORTANT in your courses. Every torts professor teaches torts differently, so reading the torts E&E isn't going to give you a huge leg up. But getting background in other relevant legal doctrine absolutely will. Federal income tax is another good one to study before law school - there are tax implications raised in contracts, torts, and property that you'll understand a lot better if you've at least skimmed a supplement to know how the tax code works.
It's stuff like that which will just get your brain moving in the direction of 'thinking like a lawyer' that will help impress your professors. No need to touch the first year curriculum - but the good stuff that actually lays the foundation (which you usually won't see until 2nd year) is really helpful. Law school is read like that - but if you can learn fed courts and tax inside out before 1L, you'll blow the competition away. There's no doubt about that.
Studying:
The most important thing to doing well in law school is learning the facts from the cases. It’s horrible and painful, but it’s the challenge you’re going to be up against and it’s what you’ll have to do to succeed on exams. Professors aren’t subtle about this – the Socratic method demands you be prepared with the facts of every case, every day if you get cold on – and that goes double for exam time. Spend your time re-reading cases and coming up with thorough briefs would be how I would do it, but there are a lot of ways. I do know one or two people who got high grades while only reading the cases once, but for the most part repetition helps. Re-reading over the weekend or during the exam period is absolutely critical.
Otherwise, outline as you need. Keep the outlines heavy on the cases - especially on open book exams it's helpful to have most of your initial briefs wind up in the outline. A short outline might help as an afterthought, but your first objective should be getting it all into one 'master' outline. And once you know all of the facts of all of the cases well enough, you can start getting ready for the exam by prepping for the kinds of fact patterns and questions you'll be tasked with having answers for (see exam prep later).
Class participation
TLS has a fairly strong anti-gunner reputation, and that’s smart. You don’t want to be obnoxious or raise your hand too often. But you do want to raise your hand, and you have to be ready when called on. The best way to handle the experience is to push back on the professor – ask your own hypos to try and frame the issue. It’ll show that you’re thinking through things, and it will give the professor a chance to resolve any ambiguity in the law. One of the worst things that can happen is stitting down for an exam without knowing exactly how the law you learn will resolve certain fact patterns, so make sure you spend the time in class (or in office hours) to ask. Professors might be vague or try to resist coming down one way, but that’s your task on exams so even if they don’t give you the answer make sure you find it.
Judges resolve legal conflicts – and all legal conflicts are resolved. It’s your task to find those answers during the semester.
Exam Taking:
You’ll see a lot of guides posting exam advice, so I’m just kind of adding to the list here. It’s important to realize what professors are and are not looking for on an exam. You’ll get a fact pattern that’s either totally bizarre compared to what you studied during the semester, or else similar to a case or fact pattern but with some important differences. You’ll have relatively little guidance about how to take that exam, and no chance to practice (remember, final exam = your whole grade). So what should you do?
The most important thing to remember is that this is law school, the study of rules. It’s a son-of-a-bitch process to learn all those rules, but that’s what the professors are testing you on. That leaves two important lessons: First, if you’re not sure how the rules and law you learned will resolve a case, make sure you prove that you know the law! Type out the rules, discuss their interaction, discuss their history (no joke: every person in my class who got an A in torts discussed the development of the doctrine from trespass and trespass on the case in England!). Getting to the right answer (whether it’s yes, no, or maybe) is obviously important, but writing out the law is sort of ‘showing your work’ on an exam. There were so many cases, often in so many directions, that proving you’ve mastered the legal framework is one of the best ways to ensure you get some points no matter what the question is.
The second thing you need to do is solve the legal problem! You’ve been trained to analyze rules and their implementation, and you should be able to answer any fact pattern you are given. Law professors hate NOTHING more than people who attempt to ‘argue both sides’ or show merits to different interpretations of the facts. You need to state the legal rules and then come up with an answer. State it as plainly and directly as possible – I had one prof last year who made sure to doc points for any right answers if you later hedged or included wrong ones. You’ll blow it and get it wrong sometimes, but there will be enough points on an exam that it’s OK. You can’t compete for As if you’re not stating clear conclusions for every legal issue you’re confronted with.
Conclusion
That’s all I’ve got... good luck, and remember- your first year lays the foundation for your career, it’s impossible to work ‘too hard’!
