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Simple suggestions for law school success:

 

This section will be updated from time to time throughout the year.

                                                                                                                                                                                               

A BRIEF OVERVIEW OF CIVIL PROCEDURE

“The Big Picture”

 

Civil Procedure is generally understood to be the rules for litigation of civil suits.  As the “rules of the game,” procedural rules provide a framework for resolving disputes.  As we study Civil Procedure, we will spend considerable time conducting post-mortem analyses of what was done in various cases.  The purpose of analyzing what was done and considering what might have been done is important in developing fundamental lawyering skills.

Most cases begin when a client  who has a problem consults an attorney.  The client wants a remedy.  During the initial phase of the case the attorney needs to focus on three sets of questions.  First, if everything the client is telling me is true, does the substantive law provide a remedy?  Next, how can we prove the events described by the client did occur?  Finally, is litigation appropriate?  Against whom?  In which court?  Applying which law?  In deciding whether litigation is appropriate, the likelihood of success on the merits together with  cost of the suit should be balanced against the client’s expectations.  Simply put, will the remedy available in court satisfy the client?  Should any strategy short of litigation be pursued before (or concurrently with) litigation?

Experience teaches me that many students are initially perplexed by Civil Procedure.  The root of the confusion usually stems from the failure to separate the substantive law aspects of a case from the procedural aspects.  While students come to law school with some knowledge and understanding of the substantive law, most have no familiarity with procedural nuances.  In reading cases, the students tend to latch on to the familiar and tend to ignore the unfamiliar.  Students should separately identify and analyze the procedural aspect of cases

.As we plod through the year we will study what the law was, what it is and what it might be or should be.  At times you may be confused.  Be demanding of yourself but be equally patient.  Keep up with your reading.  Attend class.  Ask questions.  Participate.  Spend sufficient time to prepare new material before class and allow sufficient time to review . Remember:  it is not enough to know the rules.  Fundamental lawyering implies the ability to use the rules effectively.

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OUTLINE FOR A CASE BRIEF

  1. FACTS:   What “what real world facts” give rise to the dispute at hand?  In this section you want to focus on identifying relevant and material facts that occurred before the present legal action was commenced.
  2. PROCEDURAL FACTS:  What legal actions and/or procedural moves have been undertaken to resolve the dispute? With what results?
  3. ISSUE: What question(s) now control the outcome of this case?  As you look at each issue, decide whether the question is one of law, one of fact or some combination of law and fact.
  4. HOLDING: What is the answer to each question (in this case)?
  5. RATIONALE: WHY IS IT THE ANSWER?   In reviewing the court’s holding, pay attention to the applicable standard of review.

 

In preparing your briefs, think about the following:

A.     Is the court’s rationale  based on – 1) simple precedent?  2) reasoning? 3) analogy? Or 4) policy?

B.     Considering what the attorney(s) did – 1) Did it work? Why? Why not?  2)  What might the attorney(s)  have done instead?

C.     WHAT RULE(S) OF LAW SHOULD BE TAKEN FROM THIS CASE?  How do the rules fit in with the subject matter of the section being studied?  How should rules be incorporated into a class outline?
 

CAVEAT: THE MOST IMPORTANT PART OF YOUR BRIEF IS THE RATIONALE SECTION. Knowing the rules is not enough. Your success in law school is dependent on your ability to apply the rules (to explain how and why they apply) to any given set of facts.

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PREPARE FOR CLASS

Class preparation begins with reading the assigned materials.  You are not reading a mystery novel trying to find out who framed the butler.  While you read cases to learn the law, the major challenge (and principal benefit) of wrestling with a case is to understand how the court applied the law to resolve a specific legal problem.

Before beginning the reading, identify the topic(s) presented in the assigned reading.  A brief glance at the syllabus and a quick skim of the material should help you maintain focus.  Read the material.  Brief the cases.  Make a brief working outline identifying new vocabulary, rules of law, case holdings, etc.  Try to anticipate what will be covered in class.   Bring your working outline to class with you and use it to help keep your mind engaged during the lecture. 

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ORGANIZE MATERIALS

At the end of each class, you should update and refine your working outline.  At the end of each section of the course, you should incorporate your working outlines into a comprehensive outline for later use in studying for exams.   While you can buy or borrow an outline from someone else, you will get the most benefit from the outline you struggle to build for yourself.   Difficulty in building an outline indicates a lack of mastery of the content.  As far as outlines are concerned:  If you build it, you “own” it.

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LEARN TO WRITE EXAMS

IRAC.  IRAC.  IRAC.

Issue spotting:  Identify the question the court must answer to know who will win this legal point.

Rule of law:  Recite the law the court will apply to determine who wins.

Application:  Apply that law to the facts of your specific question.

Conclusion:  Explain the conclusion the court should reach based on your analysis.

Sounds easy enough.  Now learn to do it.  Make sure you have a healthy dose of analysis in your answer! 

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UNDERSTAND GRADES

Knowing the law is required but knowing the law is not enough to score well on a law school exam.  You are expected to apply the law you know to reach a logical conclusion.   Many students, who know the law well, are not happy with the grade earned in a class.  Typically such students have made the question too easy.   The student who earns the higher grade will see that questions are not always answerable as yes or no.  The student who sees and explains the complexity of a particular legal problem is demonstrating the ability to “think like a lawyer” and is usually rewarded with a higher grade. 

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MANAGE YOUR TIME

1.         KEEP UP WITH THE READING.   Rather than laboriously plodding through the text page by page, try quickly skimming the assigned material first.  Then go back, read the material and WRITE YOUR BRIEFS.   If you feel lost in any section, read the appropriate sections from the hornbook for additional assistance.  Don’t waste your time on overly-digested study aids.  This approach will cut study time in half for most students.  BUILD YOUR OUTLINES.

 

2.         TIME ALLOCATION:           

           Pre-class preparation for Civil Procedure:               4-6 hours weekly

                       Class time:                                                               3 hours weekly

                       Post-class review and assimilation:                 2-3 hours weekly      

 

Nine to twelve hours a week for each substantive class is sufficient for most students.

 

3.         BE A PLAYER.  SPECTATORS CAN’T WIN.

 

SPEND TIME WITH THE CASES.  LEARN HOW TO LEARN THE LAW.

 

 

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