A Quiz about law school

Circle the best answer and provide a brief explanation for your answer.

1. True/False Law teachers will begin class with an explanation of the material and what it likely means. Then the professor will offer his or her view as to what the significance of the case is and how it should have been decided. Finally, the professor will ask for questions.

2. True/False In law school, students study different types of lawyering, such as how to do real estate closings, how to handle a child custody proceeding, and how to perform mergers and acquisitions.

3. Of the following, which student is most likely to receive the highest grade in a class:

a. The person who speaks the most number of times during the class discussion.
b. The person who has the longest outline.
c. The person who the professor likes the most.
d. The quiet person on your left who never said a word in class but who can spot, evaluate and
analyze issues extremely well.

4. If a student either fails to attend class or shows up regularly unprepared, a law professor is most likely to:

a. not care at all.
b. applaud the student if he or she receives a good grade on the examination.
c. either lower the student's grade, reprimand the student, or request that the student prepare in the
future.
d. chaperon the student to the final examination.

5. Law students generally are evaluated based on a minimum of:

a. a minimum of three quizzes and a final examination
b. a midterm and a final examination.
c. a final examination.
d. three writing courses and a clinical program before graduation.

6. At least 20% of the first year class:

a. flunks out.
b. cries in class
c. believes at one time or another that they are not smart enough to attend school.
d. will be admitted to an honors track in law school.

7. Most law students:

a. Can not be trusted with anything.
b. Will cheat or steal during their first year.
c. Have experienced the Socratic Method at length in college.
d. None of the above

ANSWERS

1. False.

Most law teachers begin and end classes the same way -- with questions of the students. The general teaching technique is the "Socratic method," in which the professor ask a series of questions of the students. Through those questions - and not by answers given by professor - the students learn about the material being covered. Rarely does a teacher simply lecture and explain the material particularly what the material means. Nor does a teacher offer his or her own view about the meaning or significance of the materials being covered. It is this ambiguity that often frustrates students. But do not be alarmed, ambiguity permeates the law for lawyers as well as law students. Learning the basic rules and principles does not require an explanation of the teacher's views. There are other resources available, such as study guides, if need be.

2. False.

In law school, students study cases and learn how to "think like a lawyer. " This is an analytical process, and does not involve all the actual skills that are used by lawyers, such as those involving real estate closing, child custody proceedings, and the like. Those skills are generally learned "on the job."

3. D.

The "classroom game" often indicates which students can think quickly "on their feet." However, law students are not evaluated on those specific skills. Generally, the entire evaluation process depends on how well a students writes a written exam under time pressure. Thus, a person who speaks the most in class is not necessarily the one who can write an exam under pressure, and the same goes for the person who has the longest class outline. While that person may have the law at his or her fingertips, unless they can translate that information during the final examination and utilize, it, it will be of little help. Furthermore, whether a professor appears to like you or dislike you often has absolutely no bearing on an examination, since most law schools exams are graded anonymously, solely through a student's examination number.

4. C.

In law school, many professors require the students to attend and to prepare for class; failure to do so may result in sanctions. Some teachers take a laissez faire approach, and allow students to determine whether class will be a priority. Most teachers follow American Bar Association requirements and take attendance.

5 C.

In law school, unlike undergraduate courses, there is generally only a single final examination at the end of the semester that determines the students' entire grade. Some teachers also give extra credit for class participation, but this too is dependent upon the individual instructor. Teachers rarely give midterms. If midterms are administered, they are often ungraded.

6. C.

Most students believe at one time or another during their entering year that others around them are smarter. These feelings of inferiority are masked, and often masked very well, because law school does not appear to be the kind of place where it is acceptable to be "touchy-feely." Some students also feel that other students are not as smart they are. The truth is probably a composite of these extremes, and there will be times when a particular student knows more than those around her and times when that student will know less. Most law students do not flunk out in the 1990's, and rarely does someone cry in class as in the movies.

7. None of the above.

This question has no correct answer. Most law students are trustworthy and will not cheat or steal during their first semester. If required or recommended readings are missing from the library, which happens in some schools, it is generally the result of a small minority of students who abuses the privilege of being a student. Also, most law students have not experienced the Socratic method at any length prior to law school, and will not have several tests in each class. Especially given the lack of test-taking practice, it is important for students to create their own test practice.

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The Reality of Law School

While students' experiences at law school vary from school to school and person to person, there are some general things law school is NOT:

-Similar to college
-Lectures
-Lawyering practice
-A breeze
-A place without any friends
-For geniuses only
-Something you can understand without experiencing

On the other hand, there are some commonalities that describe many students' law school experience:

1. Interpreting judicial opinions or statutes

In the first year of law school, students often spend a considerable amount of time interpreting judicial opinions written by appellate judges. To a lesser extent in the first year of school, and a greater extent in the latter two years of school, students spend time interpreting legislative enactments called statutes.

Statutes are legislative enactments that are the equivalent of judicial and administrative law. These statutory laws are general, in that they usually apply to all people within the jurisdiction, and forward looking, or prospective. The legislature may pass a wide variety of laws, from spending money to taxing those individuals who live within the jurisdiction. Interpreting statutes is difficult. The words of a statute may have no clear meaning or may not appear to apply to a particular situation, and the intent of those who have passed the statutes is often fuzzy and incomplete. Thus, when a statute is involved in a legal proceeding, the lawyers often argue about how the statute applies to particular facts.

Examples of statutes are:

a) 42 U.S.C.A. Section 1396p(c) . Taking Into Account Certain Transfers of Assets [For the
Purpose of Obtaining Medicaid]

(1)*** the State plan must provide for a period of ineligibility for nursing facility services and for [home health services]...in the case of an institutionalized individual [ ] who applies for such assistance while [having] disposed of resources for less than fair market value. The period of ineligibility shall begin with the month in which such resources were transferred and the number of months in such period shall be [at a minimum] 30 months...

(2)(D) [This ineligibility shall not apply in a satisfactory showing is made to the State.. .that (i) the individual intended to dispose of the resources either at fair market value, or for other valuable consideration, or (ii) the resources were transferred exclusively for a purpose other than to qualify for medical assistance...

b) The Federal Rules of Evidence, 28 U.S.C.A. (1994):

Rule 802. Hearsay Rule

Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.

(2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

2. The Socratic Method

The primary method of instruction in law school is the so-called "Socratic dialogue," in

which the professor asks a series of questions of students without apparently providing any answers. The subtle progression of questions is supposed to lead students to see for themselves what is important about the case and how the important relevant issues are ordered. Students often have difficulty with the ambiguity of the process and the fact that, unlike their prior education, there appear to be "no answers."

Example: The case of Hegel v. Langsam [involving a claim against a University for an injury suffered by a student who resided in the University's dormitory.]

Prof: Does not a university agree to supervise its students?

Student: No, there is no express agreement in Hegel.

Prof: Aren't there such expectations if a student lives in a dormitory?

Student: Probably not, because again there is no agreement.

Prof: Wouldn't the provision of room and board equate to what parents provide?

Student: Not exactly, since parents would exercise more control over their chidren.

Professor: What if the university dorm had a curfew, would that change your answer?

Student: Only if it related to whether a contractual agreement existed.

Professor: Why?

Student: There can be no liability for inaction.

Professor: If the student lived at home, would that change your answer?

Student : Possibly.

Professor: Why? And would it make a difference if the student was not seventeen years old but eighteen? Why? Could such a minor as in this case be presumed to have sufficient maturity to not require supervision? Why?

Student: Well, levels of maturity vary widely and don't exactly depend on age. Further.......

This Socratic dialogue is demonstrative of what students face in law school. Notice that the teacher does not provide answers or respond directly to the students' answers. Instead, the professor builds a point, using various questions much like an architect builds a skyscraper, one brick at a time. This indirect way of learning is common in law school.

Because students have in the past become accustomed to a more direct method, namely lecturing and taking down information to be memorized, there are numerous study guides that provide a more concrete understanding of at the least the basic definitions of the law. These study guides are sold in law school books stores everywhere and come in a variety of shapes and forms. A more detailed discussion of these guides occurs later in these materials.

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Legal Reasoning - "Thinking Like a Lawyer"

What often confuses students making the transition from college to law school is the nature of the learning that occurs in law school. Unlike college, law school involves much more than memorization or even proficiency in understanding concepts. Law school instead focuses on applying knowledge of general rules and principles to solve particular problems. It also asks students to compare and evaluate problems to understand an entire body of rules and principles, often called legal doctrines.

The learning pyramid of law school might look something like this:

Synthesis of the rules

Problem Solving

Issue spotting

Understanding

Memorization

To succeed in law school, students must become proficient at each type of learning,especially the higher order types of learning such as issue spotting and problem solving. Each

level of learning requires different skills:

1. Memorization: This most basic level requires the mimicry of the definitions of legal rules and principles. An understanding of the meaning of the rules and principles is not necessary.

2. Understanding: This level requires not only an awareness of the relevant words, but an ability to articulate what they mean. This ability to interpret the definitions demands organization and the capability of providing illustrations.

3. Issue Spotting - This skill involves the ability to recognize that certain facts have particular legal implications. Issue spotting requires the individual to associate particular legal rules and principles with various fact patterns.

4. Problem Solving - This often creates great difficulty for students, since it involves prognosticating about how a future court or jury would resolve a particular issue. "Solving" a problem really means offering the most reasonable outcome under the circumstances. There is much ambiguity present in solving problems, much like the ambiguity existing in most discussions about interpreting the law.

5. Synthesis - If several problems, hypothetic Is or cases are considered together, they can be synthesized into general rules and principles, even broader than the basic ones derived from a single case, problem or hypothetical. These general rules and their exceptions are often labeled legal doctrines, such as the doctrine of adverse possession, of due process, or of promissory estoppel.

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Abbreviations

Plaintiff; P or pie symbol

Breach; B

Defendant; D or delta symbol

Issue; I

Versus; V. or Vs.

Rule of Law; R

Court; Ct.

Holding; H

Appellate Court; App. Ct.

Rationale/Reasoning; Ra

Supreme Court; S. Ct.

Section; §

Contract; K

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READING AND BRIEFING CASES

A major task for law students in preparing for class is to read and brief cases. These cases are generally appellate court decisions that describe the resolution of a legal issue (as opposed to a factual one) and the reasoning used by the court in reaching its decision. Often, casebook editors will pare down a case so that only the pertinent issue remains. Portions of the same case may be used by different authors in text books for entirely different substantive courses. Thus, the same case in a torts text may also appear in constitutional law text book regarding a constitutional issue in that case.

A case brief is a summary containing all features of the case relevant to the court's decision: who the parties are, what they want, how the trial and previous appellate courts responded to the parties' contentions, the relevant facts, the issue(s), the holding(s) and the courts reasoning. But a case brief is more than just a data sheet. It is an analytical tool, reflecting your way of making sense of the case. At the end of the briefing process, you should have an organized collection of notes that contain all of the basic information described above, reconstruct the court's reasoning in reaching its conclusion, and record your analysis of that reasoning. It extracts and organizes the important points of a case in a manner readily useable in class. There are many ways to organize a case brief.

To prepare a case brief, first read through the opinion, noting at most the basic facts, procedural history, and decision. Then, re-read the case and complete the briefing format suggested below (or any other format you prefer, so long as the essential elements are included). The process will not be linear. For example, you may want to amend your statement of the facts if, after attempting to formulate the issue and holding, you realize that a previously neglected fact is crucial, or a previously included fact irrelevant. There is nothing wrong with this back-and-forth process. Indeed, it is essential to understanding how the components of an opinion-(facts, procedural posture, issue, decision, holding, reasoning)- are connected. Remember: a case brief is not a form to be filled out passively or mechanically. It is the record of your understanding of a case, and as such should always be approached seriously open to amendment.

When you read a case, look up words you don't understand in one of the various law dictionaries available for this purpose. As you read, you should engage in a dialogue with the opinion, asking it and yourself such questions as: why did the court emphasize certain facts and not others? The court announced that it would apply rule A but its reasoning seems to depend on rule B. Do I misunderstand the court's logic or is the court practicing some sort of legerdemain, and if so, why? Keep track of your questions and try to answer them when re-reading the case.

Your purpose in briefing cases may differ from one course to another. In some courses, the main purpose of case briefs may be to help you identify rules or holdings and to help you study. In Legal Method, more complete statements of the issue or other part of the brief may be required to help you learn how to articulate legal concepts completely. There is no one "right" form for case briefs. Feel free to experiment in finding the form in which you express your thoughts most clearly and cogently. As in all legal writing, your aim should be completeness, conciseness and precision.

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Briefing a Case
Format and Explanation

The case briefing process may seem quite labored and difficult at first. Rest assured that you will quickly improve your ability to state the basic elements thoroughly and precisely, and will soon begin to employ shorter briefing methods.

The core components of a case brief are discussed in greater detail below.

(1) Case name and citation , including parties and year.

(2) Court deciding the case . What court is rendering the decision/opinion in this case.

(3) Procedural history . This area of the opinion describes how the case reached the appellate court. Sometimes, it may have been through one or more lower appellate courts before it has reached the current position. The procedure really is a road map of the case, how it got from the trial court to its current position. Who sued whom, and under what theory of recovery (e=, trespass, breach of contract)? What was the result at the trial court (e.g., judgment for plaintiff; defendant's motion for directed verdict granted.)? Who appealed? If only part of the trial court's judgment was appealed, which part? What happened in any prior appellate proceedings?

(4) Facts . State all facts necessary to the court's decision. Chronological order is usually the clearest. If the opinion omits what you believe is an important fact, indicate that omission. The facts of a case, for briefing purposes, do not include all of the facts in the record below. Rather, only the facts important to the resolution of the issue on appeal should be included. In a murder prosecution, for example, the murder weapon may or may not be relevant to the appeal. If it is not, whether it is included in the important facts is a judgment made not only by the appellate court but also the student who is briefing the case.

(5) Issue(s) (or Question(s) presented). What precise legal question(s) did the court have to resolve to decide the case?

The issue in a case can be described broadly or narrowly, depending on how many facts are added. A broad issue simply focuses on the abstract legal question raised by the appeal. For example, a broad legal issue may look like the following: "Whether a promise is still binding without legal consideration?"

A narrow legal issue includes a statement of the applicable law as applied to the specific facts of the case. Thus, a narrow legal issue may look like the following: "Whether a promise to give a gift for a person's 25th birthday in the form of a bright red BMW Convertible is binding on the promisor when the promisee was not required to do or cease to do anything in return?"

A legal issue is a proposition of law in interrogatory form. An issue involves; (a) a dispute between the parties; (b) over the meaning or application of one or more rules of law (which may derive from enacted or common law); (c)based on the facts of the litigation. (See Statsky and Wernet, Case Analysis and Fundamentals of Legal Writing (2d ed. 1984)

(a) Dispute . If the parties did not disagree about a proposition asserted in the opinion, then that proposition cannot be an issue in the case.

(b) Law . Your statement of the issue should specify the proposed legal relationship between the key facts. This should not incorporate conclusions from the reasoning or holding, but should pose a genuine, open question. If the case turns on the construction of a statute, regulation, or other enacted law, the issue should include a reference to that law and the language in question.

(c) Facts . Your statement of the issue should include the key facts of the case. A key fact is one which, if changed or omitted, would arguably lead to a different result. Describe the facts, not in terms of the idiosyncratic aspects of the parties (e.g., their names) and the dispute, but in general terms defining the relevant categories to which the parties and their conduct belong. (This obviously involves judgment as to the appropriate degree of abstraction or generalization.)

Here are some examples:

* Is the builder and seller of a house liable for injuries suffered by the buyer when she fell down negligently-constructed cellar steps two years after moving in? (Note the specification of key facts (builder, buyer, injury from fall down steps, time between occupancy and accident) and legal relationship (builder's liability to buyer for negligent construction).

* Does a first-time spectator at a hockey game assume the risk of being hit by a puck, precluding an action of negligence against the stadium owners?

* Under Federal R. Evid. 407, which bars admission of evidence of subsequent remedial measures to prove "negligence or culpable conduct," is evidence of a warning label changed after the accident admissible to prove strict liability?

In formulating each issue of a case, you are in effect defining the holding of the case on that issue, because a court has authority to decide only the particular issue(s) properly before it (see (6) below).

Stating the issue precisely--defining the legal question and the key facts accurately--is a skill that you will develop over time and with practice. It is a crucial skill, but don't worry if you can't get it exactly right at first.

(6) Holding(s) . The holding of the case essentially answers/resolves the issue presented on appeal. The holding is the rule or proposition of law that the court expresses by its option, for which the case "stands." It is the court's direct response to the issue in controversy in the case at bar. Therefore, you should extract the holding from the issue and the decision on that issue. The holding should be formulated in terms that cover the facts of the present and similar cases but no others. Sometimes, judges state the holding expressly, saying something like "The holding in this matter is...". Often, however, the students must infer what the holding is by the way the court has resolved the question. For example, the holding may be expressed as follows:

For the reasons stated, we cannot agree with the appellate court that the appropriate standard of care was met in this case. Only a physician with a sufficient expertise in the area can testify, not any physician who has successfully completed medical school. Reversed and remanded .

NOTE: (a) Sometimes the court's statement of the holding seems to go beyond what is strictly necessary to decide the case. The over-broad portion is a type of dicta (dicta may also be a statement of some supporting rule or principle not actually necessary to the judgment). In the reasoning or comments section of your brief, you should make a note of any dicta. Remember that dicta are not holdings. (b) The court's holding on one issue may make it unnecessary for the court to consider other issues disputed by the parties. (see, e.g., K. Llewellyn, The Bramble Bush (1930) (45-47). Therefore, you may not find a holding for every issue.

(7) Reasoning/Rationale :. The reasoning process by which the court reached its conclusion is often the most important part of the case. Judges reason using two primary methods precedent and policy. Precedent can involve prior case decisions, known as the common law, or statutes. They also use policy arguments such as morality, feasibility, efficiency (cost- benefit analysis) or competency (whose job it is to decide this matter). Explain step-by-step the analysis by which the court supported its holding(s). What principles of law did the court purport to follow, and how did it apply them to the facts? If the legal authorities presented to the court appeared to be in conflict, which did the court find persuasive and why? Remember: the holding is just the statement of the rule of law the court made when deciding that case. Everything else (not covered elsewhere in this outline) is the reasoning.

(8) Dissenting and concurring opinions (if any). You should read (and brief if time allows) any separate opinions important to understanding the case. For example, a dissenting judge's statement of the facts may enlighten you by how it differs from that in the majority opinion. Ask yourself how the differences relate to the principles of law relevant to the decision. You may find

that a concurrence or dissent raises considerations the majority omitted, or simply analyzes the same rules and theories more thoroughly and convincingly. In any event, you will enhance your understanding of the majority opinion. Moreover, views expressed in dissenting opinions may later acquire the support of a majority of the court, and thus may presage a change in the dominant rule.

(9) Comments . You should note your criticisms and questions concerning the opinion or the arguments of counsel. This will help you in class discussion and later use of the case. Refer to related cases on the same subject. Your reading of these other opinions may lead you to question what you had thought significant in the reasoning or even the holding of the case you are briefing.

(10) Issues Avoided . Often times, the court will avoid answering a legal issue and decide the case based on some other legal principle or basis. For example, over the past several years, the Supreme Court has, on several occasions avoided directly addressing the Roe v. Wade abortion issue. Rather, it has found a particular state statute constitutional or unconstitutional (as the case may be) based on some other legal rule or principle, without even addressing the "abortion" issue directly.

(11) Dicta . A statement of some rule or legal principle that was mentioned in the opinion, but was not necessary to the courts determination of the case/appeal.

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BRIEFING FORMAT

1. Case Name:____________________v.____________________Date:

2. Court Deciding the Case:________________________________________

3 Parties:____________________________________________________________

4. Procedural history/Nature of the case:________________________________

5. Facts:

6. Issue(s):

7. Holding(s)/Legal rules:

8. Reasoning/Rationale:

9. Dissenting and concurring opinions:

10. Issues Avoided:

11. Dicta:

12. Comments:

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SAMPLE CASE BRIEF

1. Case name: Crawford v. State Date of Decision: 1963

2. Court deciding the case: Court of Appeals of Maryland

3. Parties to the case: Prosecution: State of Maryland
Defendant: Crawford

4. Nature of the case: Criminal prosecution for murder

5. Facts: The defendant, Crawford, was a 42 old man who suffered from ulcers, and nervous disorders and was on welfare relief for his disabilities. On March 12, 1962, he was accosted at or near his rooming house several times by two youths, Ferrell, age 23, and another youth named Austin. The first time Ferrell and Austin visited the defendant in his rooming house, they accused him of snitching to the police and hit him in his face, asking for money. The boys stated they would be back. The youths returned a second time that day and threatened Crawford, one of them with a knife in his hand, and took $7.00 from his pocket. Ferrell stated as they left that they would be back and Crawford better have more money. Crawford then went out, pawned a gun and dropped his welfare check off with another person for safekeeping. When the youths returned for the third time, Austin guarded the rear of the house and Ferrell tried to break in through the front of the rooming house via a hallway door which was locked. Crawford picked up the gun and loaded it to scare the boys away. Ferrell tried to break in through the inner door and stated "I'm coming in to kick your ass." Crawford warned Ferrell to stay away and told him he had the gun. Ferrell said he did not care. As Ferrell knocked part of the door loose and reached inside the door to unlock it, Crawford backed away and fired, hitting Ferrell in the face. Crawford said he aimed at Ferrell's hand, but the gun jerked and it fired in his face, killing him.

6. Issue: Whether the trial judge erred in find" that a 42 year old man suffering from ulcers and nervous disorders, on welfare disability, who fired a gun at a youth who was in the process of breaking into the man's rooming house through a locked door and was verbally threatening to hurt the defendant badly at the same time, who earlier that same day had participated in a robbery by force of the defendant and had made other threats about hurting the man later, acted with excessive force or in defense of habitation?

7. Holding/Rules: Reversed. The trial judge erred because the force used was reasonable and consistent with the defense of self or of habitation.

8. Reasoning/Rationale: The circumstances of the case indicate that a defendant of his age who is accosted by two youths, given the history of the relationship between them, particularly the prior threats and robbery, was and would likely be in reasonable fear of his life or of serious bodily injury at that time. The trial court's ruling was thus reversed without a new trial.

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THE FIRST YEAR EXPERIENCE

Law school, especially in the first year, can be broken down into two recognizable experiences: in class; and out of class. Both contexts are important, and both are worth looking at more closely.

The laboratory of the first year is located in the classroom. It is here that professors test, probe and examine legal reasoning through the application of a variety of rules and principles. This application occurs by analyzing judicial opinions (i.e. cases), exploring hypotheticals, and solving problems. While classroom performance often does not count towards the final grade, the first year classroom is generally filled with eager and enthusiastic students interested in "figuring it all out." Unlike the focus of many classes in college and secondary school, a law school class is more concerned with analysis than answers. The ambiguity that often surfaces perplexes and creates difficulty for many students.

The other primary context, and the rest of a law student's life, occurs outside of class. This does not mean that the student is free from school once done with classes for the day; far from it. After, and even before classes, the student spends many hours preparing for class by reading judicial opinions. These opinions resolve issues in a case and explain the court's rationale for its decision. The judicial opinion is written generally after an appeal has been taken. These difficult and sometimes complex readings often consume many hours of the law student's time. The student not only reads the cases, but briefs them as well - i.e., prepares a synopsis of what the cases say and mean.

The Law School Curriculum

For most students, the law school class lies at the heart of the first year experience. The classes during the first year will most likely occur within the following traditional curriculum:

1. Contracts

This course, taught by fabled Professor Kingsfield in "The Paper Chase," is perhaps the quintessential first year law course. It explores a basic societal relationship, the agreement. Contract principles include what is required to form a binding agreement, when does a breach of that agreement occur, and what damages are required as a result of that agreement.

2. Criminal Law

This course analyzes the principles of punishment, the prerequisites to making conduct criminal, and the elements of crimes. Various common law crimes are examined, with extra attention paid to criminal homicide and its components, murder and manslaughter.

3. Torts

This course in some ways parallels criminal law. Both courses discuss the elements of wrongs, such as act, mental state and causation, as well as defenses. Unlike criminal law, however, which explores crimes against society, torts analyzes civil wrongs between private individuals or the government and a private individual. A considerable amount of time in the course is spent on the subject of negligence.

4. Civil Procedure

This course provides a roadmap for civil lawsuits, from initiation of the suit until trial. As the course title implies, it focuses on the processes of a lawsuit, particularly some of the limitations on bringing suit. For example, in this course students explore the question of whether the court is the right court to hear the matter, and whether the particular parties to the suit are in the appropriate court. Students also learn about pre-trial and post-trial motions, and at some schools learn to draft pleadings.

5. Property

In a property class, students learn about the rules and principles governing real property (land). This includes the evolution of property law from feudal times to the present. It also covers the various interests that exist in private property, from life estates to fee simplex, from springing future interests to shifting future interests, and other such interests. Students also learn about the law of landlords and tenants and other interests in property such as easements.

6. Constitutional Law

In some schools, a course on the basic rudiments of constitutional law is offered in the first year. This course often focuses on the powers of the federal and state governments to enact laws, and the ways in which these powers are divided and separated. Some constitutional law courses also include rights and limitations on the government, such as due process, equal protection and freedom of speech. In many schools, various rights, such as The Bill of Rights and the fourteenth amendment protections of due process and equal protection, are saved for a separate course or courses.

7. Legal Research and Writing

In almost every school, students are required to take a full year course on legal research and writing. This course is generally allocated fewer credits than the other first year courses, but is just as likely to be the centerpiece of the first year students' time and effort. There are several reasons for this focus. It is probably the only class where the students receive evaluation and feedback prior to the completion of the first semester and final examinations. Legal Research and

Writing also involves weekly or almost weekly assignments that must be completed and turned in, requiring the considerable and immediate attention of students. Further, there often is more one-to-one, face-to-face interaction in this class, since the class size is generally much smaller than that of the substantive courses and the emotional effects of the first year program tend to surface more readily in such an atmosphere.

In the first semester of this program, students learn the fundamentals of legal research and writing, often culminating in a memorandum of law requiring both research of the common law and/or statutes and writing. In the second semester of the course, students write a brief and then participate in an oral argument about the particular case in question.

8. Ethics

Almost every school requires a class in legal ethics. While most of the required courses occur in the second or third year of school, some schools expressly include ethics in the first year curriculum. A legal ethics course deals not only with specific ethical issues but problems of professionalism generally. The course may examine the responsibilities of attorneys to the client, the court, and society at large. Students learn about a model statute, the Model Code of Professional Responsibility, and perhaps the codes adopted by their respective states. Students are asked to negotiate various ethical dilemmas that they will undoubtably face as lawyers.

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PREPARING FOR AND EXCELLING ON LAW SCHOOL EXAMINATIONS

Unlike undergraduate study, most law schools only grade a student's performance in given class on the final examination. Generally, there is no written assignment which counts toward your grade and no credit for class participation or attendance. You are judged (graded) by what you write on your final exam - not by how well you spoke in class or verbalized your understanding of the material to your study group. For purposes of your exam (i.e. your grade?, you only know what you write.

Law school examinations typically require students to consider a fact pattern raising one or more legal issues, organize their thoughts and draft a cohesive response in a limited period of time.

Typically, in grading first year exams, the professors first will determine whether the student has answered the specific question asked. The professor will then be concerned with whether and how well a student identified and analyzed the legal issues which a given problem presents.

Credit is often given when students address legal issues that are reasonably raised by the fact pattern, even if it ultimately appears that no legal obligations are created or breached. On the other hand, students who raise irrelevant or spurious issues often will not receive credit for their arguments no matter how articulately presented.

While most law school exams are oriented around essay questions, a small minority of law school examinations include multiple-choice or true-false questions. These are likely to be complex and difficult to answer. Since the multi-state bar examination consists of 200 multiple choice questions, however, it is useful to see such questions during law school.

Finishing a first year law school exam is draining, both mentally and physically. However, in most schools, the process is likely to go on for one or two weeks, with each first year exam spaced several days apart from the others.

As in the practice of law, preparation is the key to top performance on law school exams.

The "IRAC" Method

Having a game-plan for organizing and writing an examination is very useful, much like cooking from a recipe instead of "winging it." Many students utilize the "IRAC" method (IRAC is an acronym for "Issue-Rule-Analysis-Conclusion). This approach, if followed, requires you to address the different parts of the answer for which the student will receive credit, and permits the student to go step-by-step, paying attention to the important details. It helps you avoid a disorganized, non-succinct, non-lawyerlike answer. Remember, most students will know the "law". How well you organize your answer and present your answer in lawyerlike manner will separate you from the others.

Issue
Rule
Analysis/Application
Conclusion

V. Exam Tips

1. Organization is everything
* Time allocation
* Outline of Answer
* IRAC

2. Writing the Exam
* Skip Lines
* 1 side of page only
* New paragraph for each issue/sub-issue

3. You take the professor, not the course
*Old Exams
*Areas of emphasis, etc.

4. Master the rules (so you can spot issues)
*Outline
*6 Week Plan

5. Have a lawyerlike mentality/attitude
*Solve problems
*Organized and Logical

6. Application (interweaving) in a lawyerlike manner. Separates A/B from the C exam answer.
* In this case, because. Here,

7. Answer the question asked

8. Beginning and Ending
*"Out of Time"
*Outline Answer
*Halo Effect
*Don's wind up

9. Case Names. Not necessary, but impressive as analogy

10. Anonymous grading - no name on exam.

11. Get Rest

12. Before and After:
*Arrival Time
*Know the room
*Reserve a seat
*Don't talk to classmates

Sample Examination Questions

1. Question #1 - Criminal Law (30 minutes)

Jake and Sarah were working in their barn in the twilight when a neighbor, Barry Bones, stopped by to visit. Barry, a large man who was known in the area as a bully, appeared to be drunk. Barry claimed Jake owed him money. A heated argument ensued. Barry said he'd be right back to "make Jake pay." When Barry returned, he had in his hand what appeared to be a .38 caliber handgun. He said, "You'd better give me the money, Jake; I don't want to humiliate you in front of Sarah." When Barry appeared to raise the gun toward the roof of the barn, Jake backed up toward the rear door of the barn. Suddenly, Sarah yelled, "Watch out, Jake! Kill him now!" Jake took out his own handgun and fired. The bullet killed Barry instantly. When Jake looked carefully at Barry's gun, it turned out to be a toy.

What crimes, if any, have Jake and Sarah committed?

Write out your answer:

SAMPLE ANSWER

Jake and Sarah may have committed several crimes.

JAKE

Jake can be charged with the crime of murder. Murder is the unlawful killing of another human being with malice aforethought. Malice is the mental state that is required. It equals either a purposeful, knowing, or reckless mental state. The act of murder is the killing that leads to the death of a human being. Also required for murder is causation. The act by the defendant must be the proximate and actual cause of death.

In this case, Jake committed the act of killing that directly led to Barry's death. That is, Jake shot Barry and Barry died. Jake also appeared to have the necessary mental state. When he shot Barry the circumstances indicated that he was being threatened by him. Thus, when Jake pointed at Barry it was likely with the intention of killing or seriously injuring him. This kind of purposeful behavior meets the mental state requirement for murder.

DEFENSES

Jake may claim the defense of self-defense. Self-defense occurs when a person actually and reasonably believes that he or she may be in imminent danger of serious bodily harm or death from an aggressor. The danger must not have been caused by or the fault of the defendant. And while the danger need not be danger in fact, the defendant belief's about the danger must be reasonable.

Here, the facts indicate that Jake believed that Barry had a gun. The question arises as to whether that belief was reasonable. Since the gun appeared to be real, and Barry had said earlier that day that he would be back to "Make Jake pay," it appears that Jake's belief was indeed a reasonable one. Thus, it appears as if all the elements of self-defense are met and that Jake can claim self defense, exonerating him completely.

SARAH

Sarah may also be charged with murder as an accomplice. Accomplice liability occurs when an individual knowingly aids and abet another in the commission of the crime.

Sarah arguably aided and abetted - by enticing and encouraging or assisting - Jake in committing the crime of murder.

Sarah also stated to Jake, "Kill him now!" This statement, if made with the intention of Jake shooting Barry, satisfies the intent, however, and would constitute accomplice liability. Thus, Sarah would be guilty of the same crime.

DEFENSES

Even if Sarah meets the elements of accomplice liability, however, she can still claim the defense of others. This defense is equivalent to self-defense, but simply pertains to the defendant protecting another individual not him or herself. That is what Sarah appeared to do here, and she too likely will not be convicted of any crime.

2. Question #2 - Torts (45 minutes)

Bird Construction was hired to supply a wrecking ball and operator for the destruction of the Flamingo Hotel. Bird assigned Scott, an experienced wrecking ball operator, to operate the wrecking ball. The steel cable of the wrecking ball is 400 feet in length. Bird Construction gave each construction worker and every visitor to the construction site a hard hat; posted warning signs throughout the construction site; placed warning notices in every worker's pay envelope; posted a notice in the local newspaper and equipped the wrecking ball platform with reflector lights and a siren that operated while the wrecking ball was in use. Scott swung the wrecking ball and hit James, the County Building inspector, while he was standing in the middle of the construction site. James was severely injured. In the lawsuit by James against Bird Construction alleging negligence on the part of Scott, will James be able to prove that Scott breached his duty of reasonable care?

Write out your answer:

SAMPLE ANSWER

(Please note that this model answer does not mean that this answer is the only answer to this exam question. Rather, this model answer is intended to provide you with one preferred answer to the exam question.)

Before deciding if Scott breached any duty of reasonable care, whether Scott had a duty of reasonable care towards James must be determined. Scott will owe James a duty of reasonable care if the likelihood of harm from Scott's operation of the wrecking ball plus the severity of harm from Scott's operation of the wrecking ball outweighs the cost to Scott of preventing injury to James while the wrecking ball is in use. The likelihood of harm to James while on the construction site during the operation of the wrecking ball is great because the swinging of a 400 foot steel cable in the midst of a construction site risks injury to anyone on the site. Further, the severity of harm from being hit by a swinging wrecking ball cable is great because such impact may cause death. The cost to Scott of avoiding injury to James is the delay in clearing the construction site so as to not endanger anyone. The likelihood of harm and the severity of harm from Scott's swinging a wrecking ball on the end of a 400 foot steel cable in the middle of a construction site outweighs the delay caused by clearing the construction site which means that Scott's operation of the wrecking ball creates an unreasonable risk. Because Scott's operation of the wrecking ball creates an unreasonable risk, Scott possesses a duty to exercise reasonable care towards all construction site people, including James.

Scott's duty of reasonable care requires Scott to act as a reasonably prudent person would act in the same situation, in this case operating a wrecking ball. Scott will not be judged by the professional standard of care because the operation of a wrecking ball, although requiring skill and training, is not beyond the comprehension of an ordinary person. In this case, Scott, through Bird Construction, did take reasonable precautions by providing hard hats, warning signs, pay check and newspaper notices, and warning lights and siren. However, such acts do not diminish Scott's duty to monitor the swinging of the wrecking ball and the 400 foot steel cable. There is no evidence that Scott looked over the construction site before he began swinging the wrecking ball. Scott's duty of reasonable care requires him to look carefully before swinging the wrecking ball to be sure that no one is in the way and to stop the wrecking ball, if he can, when someone enters the construction area. Scott's failure to look out for James while he was on the construction site and then swinging the wrecking ball is a failure to exercise reasonable care.

3. Question #3 - Contracts (45 minutes)

Stu, a third year law student, met with Arlene, an attorney from "The Firm". They discussed the possibility of Stu working for the firm when he graduated from law school. Arlene said the firm would pay him a salary of $50,000.00. Stu told Arlene that he had another offer from another firm for $60,000.00. Arlene said $50,000.00 was their salary, and Stu said that he would consider it.

The next day, Arlene sent Stu the following letter:

Dear Stu,

"The Firm" will pay you a salary of $70,000.00 to work for us as an Attorney upon your graduation from law school. This represents our total agreement.

Signed Arlene

Stu received this letter which Arlene had sent without proofing it and not noticing the typo of $70,000.00 rather than $50,000.00. Stu was very excited and immediately called the other firm and turned down their offer of $60,000.00. Stu then called Arlene and accepted the offer from "The Firm." Arlene explained the "The Firm" would pay him $50,000.00 and refused to honor the $70,000.00 in the letter.

Stu now has graduated from law school and cannot find a job since the other firm would not reinstate their offer of $60,000.00, and "The Firm" has found another lawyer for $50,000.00.

Stu sues "The Firm"

1. Can Stu recover any damages from "The Firm"?

2. What are Arlene's and "The Firm's" defenses?

Write your answer:

SAMPLE ANSWER

Issue: Did Stu and the Firm have a contract?

Rule: A contract consists of an offer (intent, definite terms and communicated to the offeree), acceptance (assent to the offer) and consideration (bargained for exchange) and no defenses to formation.

Analysis: Here the discussions between Arlene and Stu were preliminary negotiations (no intent to be bound - no meeting of the minds (Stu at $60,000.00/Firm at $50,000.00). Arlene's letter was an offer showing the firm's intent to be bound to a contract to employ Stu for $?, after he graduated. The offer was accepted by Stu by his call to Arlene. The consideration was either the pay for employment or the reliance by Stu in rejecting his other offer.

Conclusion: If there are no defenses then a valid contract is formed and Stu can recover.

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Issue: Does the Firm have a defense of mistake?

Rule: A mutual mistake is a defense to contract formation. A unilateral mistake is also a defense to contract formation if the non-mistaken party has reason to know of the mistake and takes advantage of the mistake.

Analysis: Here the mistake ($70,000.00 instead of $50,000.00) was not mutual. Arlene knew she was offering $50,000.00 and so did Stu. Stu may or may not have taken unfair advantage of the offer. He may have thought the firm was trying to top his $60,000.00 offer.

Conclusion: The unilateral mistake defense is not a valid defense.

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Issue: Can the Firm bring in parole evidence to show the preliminary negotiations were for $50,000.00?

Rule: The parole evidence rule prevents the introduction of prior or contemporaneous oral or written evidence to vary or contradict the terms of a fully integrated written contract.

Analysis: Here the contract was fully integrated (the full agreement) of the parties. There is no fraud only a unilateral mistake.

Conclusion: The Firm may not be able to bring in parole evidence to show the preliminary negotiations since the contract was fully integrated.

---

Issue: Can Stu get his job or other damages?

Rule: In a Breach of Contract action, the non-breaching party can get the "expectancy" of the contract.

Analysis: Here Stu expected a job from the Firm. However, the Firm cannot be forced to employ him (specific performance), but they may have to pay him $70,000.00 in damages or $60,000.00 in reliance damages.

Conclusion:










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