Socratic Method: BLL Forum

[BottomOfTotem]

I was wondering as to what amount of time, via the socratic method, a professor will spend on the BLL in class? For example, I am working through my reading for contracts, which involves cases and aspects of the UCC and Restatements. I understand (as well as I can at this point) what to read for in regards to the cases, both for exams and being called on, but am less sure of the BLL. Don't get me wrong, I understand that I need to know it "cold" for exams. But will the professor call on me and ask me to recite the 3rd condition of the UCC §2-204? Or anything else in this regard? I ask because I see the process of memorization being an ongoing process, and to accelerate that for class would perhaps take away from time better spent on other studying.

Side note: Please do not say, "you shouldn't give a shit about being called on in class, participation means nothing". I get this, but I do care about fostering a good relationship with my professors, and I would rather be prepared for class as it would eliminate unnecessary distractions.

Thanks in advance.

[mvp99]

Found a picture of OP


Nah you won't be asked to recite the BLL, too easy

[kellyfrost]

Found a picture of OP


Nah you won't be asked to recite the BLL, too easy

+1

mvp99 is correct. If a professor simply asked you to recite black letter law that would be way too easy. When you are cold called, expect to answer questions you never even thought of while reading and a couple of questions meant to make you stumble and fall. Black letter law wouldn't be one of those things.

[landshoes]

1. Don't memorize the text unless you love memorization (I do, lol)

2. You should understand every portion of the text. That means that if there is a word you don't know, you should look it up. If there is a phrase that doesn't make sense to you, you should work at it until it does.

3. You should be able to say, in your own words, what the BLL means and what it does.

So for example, take 2-207

"(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."

Can you restate that in a way that makes sense to you? If so, you're fine for class prep.

Some memorization of BLL before tests is helpful, but you don't necessarily want to memorize the text. You should know what the BLL addresses, what it doesn't address, and how to find things within the text. I got the most mileage out of memorizing the citation (in this case, UCC 2-207) and what that section discusses. It makes you much faster on tests if you don't have to go "oh yeah, Battle of the Forms, where is that?" but can just type out "as we see in UCC 2-207" and keep going.

[z0mbiecatz1234]

I have never had a professor call on me (or anyone in my classes) to recite anything. I would think that would be crazy for any professor to do that. In my experience, professors first will typically quickly lecture through BLL. After it has been introduced in class I think it's fair game for your Torts professor, for example, to ask you to state what the elements are for false imprisonment--but it's never happened in my classes like this. Usually professors will cold call to ask questions about individual cases. For me, the most common questions are "What was the holding in X case?" "How did the court get to this outcome?" and a variation of hypotheticals and how those hypos would change the court's outcome.

Even my toughest cold call ever would not have required me to recite anything. If you thoroughly read and brief, I think you'll be just fine. At the very least, if you read and prepare you will never look like you have nothing prepared. 1L year I found book-briefing extremely helpful because I could turn to the text and see where arguments, holdings, rules, etc. were. Good luck, you'll be fine!

Edit: I can only speak to my experience at my school but you can look forward to 2L year because cold calling is much more relaxed, if not almost obsolete. In one of my classes, we have panels so we know if we're "on-call" for a certain day. In another class, the questions you're asked during a cold call are laughably easy. 1L professors take cold calling much more seriously in my opinion. It's part of living up to the expectations of scary law school. Curious if other schools follow this pattern.

[BottomOfTotem]

Haha nicely done mvp. Not sure if I'm a gunner, but I do hate the uncertainty of these first couple of weeks.

Thanks though to all for the help. This will be my first adventure into the socratic method, so the advice is greatly appreciated.