Why shouldn't cases be briefed? Forum

[sighsigh]

I just started 1L, so I apologize if this question sounds uneducated and naive (which it no doubt does).

Why shouldn't cases be briefed? On a standard issue spotter exam, you can apply the facts presented to black letter law. But you can also apply the facts presented to the reasoning underlying previous cases (i.e. the common law), right? So doesn't it make sense to have a good understanding of these previous cases, which is accomplished by briefing them? Obviously there are too many cases to brief them all, but shouldn't you at least make the attempt to brief the cases the professor has put emphasis on?

In addition, I feel as though you should brief cases even if for just the purpose of seeing black letter law applied in action. This would give a better understanding of the black letter law.

Thanks.

[ymmv]

Do whatever works for you. I briefed cases for a few weeks until I realized what a waste of time it was, given my learning style. For outlining and exam purposes you typically only need/want a single sentence takeaway from each case anyhow. Sometimes a single word takeaway.

[heavoldgotjuice]

I briefed most cases... ended up top 1%... looking back, the marginal benefit that briefing the cases provided during exams, whether it be multiple choice or essay, does not compare with the time wasted in briefing the cases.

probably would be best to skim read the case, write notes in the margins, highlight the issue and holding, and print out a quimbee case brief

[McAvoy]

Do what works for you brah.

[ymmv]

I briefed most cases... ended up top 1%... looking back, the marginal benefit that briefing the cases provided during exams, whether it be multiple choice or essay, does not compare with the time wasted in briefing the cases.

probably would be best to skim read the case, write notes in the margins, highlight the issue and holding, and print out a quimbee case brief

^ Most credited thing I have ever seen heavold post.

[sighsigh]

Thanks for the responses. However, since I am brand-new 1L, can I please get more explanation? I would like to know why people think briefing cases is a waste of time, in light of the reasons in my OP describing why it should be done.

[Br3v]

I'm a 2L who briefs every case and still do. Ends up being a few sentences per case.

[ymmv]

Thanks for the responses. However, since I am brand-new 1L, can I please get more explanation? I would like to know why people think briefing cases is a waste of time, in light of the reasons in my OP describing why it should be done.

Because most people don't need to meticulously brief a case to understand the point of it. And the point is really all you need for the exam. It only takes a few weeks of 1L to learn how to read cases well, and after that the returns on briefing are significantly lower than the time spent doing it.

The point of 1L is to get good grades and try to have fun in the mean time. Briefing cases serves neither of these purposes. Get good outlines and learn to skim cases quickly for the takeaway. That's all I found was necessary at the end of the day.

ETA: all this assumes you are at a school where median gives a great shot of employment. If you are attending a place where only top 10% or something get good jobs, then by all means gun away. You should probably spend every waking moment studying to get ahead in that case, and meticulous briefing may even be worth your time. Though I would still focus more on outlines and supplements for a good ROI.

[ohioguy99]

Some feel briefing cases is a waste a time because you aren't going to be tested on the tedious elements of each case. You're looking for larger rules and principles that you can apply to new situations.

The only benefit to extensively briefing cases is that if you are cold-called, you look pretty good that day.

You just have to feel your way around the first month and see what works for you and what doesn't.

The best advice is to basically not listen to the study habits of others. You will drive yourself crazy.

[sighsigh]

I'm at a Canadian LS, but obviously I would like good grades.

Some feel briefing cases is a waste a time because you aren't going to be tested on the tedious elements of each case. You're looking for larger rules and principles that you can apply to new situations.

The only benefit to extensively briefing cases is that if you are cold-called, you look pretty good that day.

Thanks. I know that you aren't required to parrot back subtle details of a case on an exam (e.g. the names of judges or the procedural history). But isn't it important to know the gist of the case: the basic facts, the issues involved, the decision made and the reasoning behind it? If on an exam you encountered a fact pattern that was analogous to one of the cases you studied, certainly knowing a summary of that case would help you work through the fact pattern, right?

[Mal Reynolds]

But all of that can be efficiently boiled down to a few sentences. Look at old outlines and it's shocking how little you need to know about individual cases. Class is almost a waste of time if you look at how much time you spend circle jerking around the rule.

[ymmv]

I'm at a Canadian LS, but obviously I would like good grades.

Some feel briefing cases is a waste a time because you aren't going to be tested on the tedious elements of each case. You're looking for larger rules and principles that you can apply to new situations.

The only benefit to extensively briefing cases is that if you are cold-called, you look pretty good that day.

Thanks. I know that you aren't required to parrot back subtle details of a case on an exam (e.g. the names of judges or the procedural history). But isn't it important to know the gist of the case: the basic facts, the issues involved, the decision made and the reasoning behind it? If on an exam you encountered a fact pattern that was analogous to one of the cases you studied, certainly knowing a summary of that case would help you work through the fact pattern, right?

No. For the vast majority of exams it will be enough to remember that this was the "imbecile farmer case," the "chicken case," the "hairy hand case," etc.
By the end of every class the facts of each case will be drilled into your head more deeply than you'd ever thought possible. Don't waste time obsessing over pointless details that won't matter on the exam.

[sideroxylon]

I'm a 2L who briefs every case and still do. Ends up being a few sentences per case.

lol

@ OP

how much of what you write down will you be able to use during a 3-4 hour exam?

that's about as much as you need to write down about a given case

[cron1834]

Most upperclass folks I've heard from suggest that writing a few sentences for each case, as a memory aid, is useful; but writing full-on "Facts-Issue-Holding-Reasoning" (or whatever) papers is pointless in 2014, when you can easily retrieve that from a lot of sources in seconds.

Reasonable? Just finished my first week of 1L and have yet to brief, but that seems to be the consensus I'm getting ...

[Br3v]

I'm a 2L who briefs every case and still do. Ends up being a few sentences per case.

lol

What are you doing if your not writing down a few sentences from each case?

[chem!]

But all of that can be efficiently boiled down to a few sentences. Look at old outlines and it's shocking how little you need to know about individual cases. Class is almost a waste of time if you look at how much time you spend circle jerking around the rule.

This is so true.

[notgreat]

But all of that can be efficiently boiled down to a few sentences. Look at old outlines and it's shocking how little you need to know about individual cases. Class is almost a waste of time if you look at how much time you spend circle jerking around the rule.

This is what I hate about law school. All the bullshit reading, circle jerking around the rule, fart sniffing, and buggering for a one sentence take away. All so that you can learn to think like a lawyer from someone who never practiced law. Fucking joke of an education. Fucking colossal waste of time. FOL.

[sublime]

..

[sideroxylon]

I'm a 2L who briefs every case and still do. Ends up being a few sentences per case.

lol

What are you doing if your not writing down a few sentences from each case?

i'm not briefing, that's for damn sure

more like

"prof. says x"
"two words to remind me of facts"
"holding"

[cron1834]

Most upperclass folks I've heard from suggest that writing a few sentences for each case, as a memory aid, is useful; but writing full-on "Facts-Issue-Holding-Reasoning" (or whatever) papers is pointless in 2014, when you can easily retrieve that from a lot of sources in seconds.

Reasonable? Just finished my first week of 1L and have yet to brief, but that seems to be the consensus I'm getting ...

I kind of feel like you should brief for at least like a month, to get those skills, but I have no idea how much of that is me being mad that I wasted time on it for a month.

thx. Either way, what should I actually do with these things? Like, practically. Should I be making a Word doc and sorting them by issue?

[sublime]

..

[McAvoy]

This is what I hate about law school. All the bullshit reading, circle jerking around the rule, fart sniffing, and buggering for a one sentence take away. All so that you can learn to think like a lawyer from someone who never practiced law.

Truth

[cron1834]

I put them in one note and looked at them on occasion when making outlines.

although it was usually easier to just google the case than to find my brief.

I forgot my book for a class once, and I used Wikipedia to look some shit up on a case to review before I went in. I was actually impressed, and I don't think I was any worse off.

[Hutz_and_Goodman]

It's a waste of time in classes (criminal law, contracts, torts) where the cases are intended only to illustrate the rule

It often is useful in classes (civ pro, con law) where the cases are the rule

By all means read Erie, but don't waste time reading a state court negligence case

[ymmv]

It's a waste of time in classes (criminal law, contracts, torts) where the cases are intended only to illustrate the rule

It often is useful in classes (civ pro, con law) where the cases are the rule

By all means read Erie, but don't waste time reading a state court negligence case

This is a good point. Con law cases may also be worth reading a little more closely.