1
2	What you will need to know and do to Excel in Law School “Think” like a lawyer Sound like a lawyer Write like a lawyer
3
4	Knowledge
5	Terminology Knowledge of Specifics Learn the meaning and content of basic legal terminology and definitions Essential to sounding like a lawyer Not tested directly Example: Intent Res ipsa loquitur Bona fide purchaser Mens rea Consideration
6	Rules and Principles Knowledge of Specifics Be able to recognize and state definitions of the fundamental rules and principles of each course Essential – basis for most analytical problems Majority Rules Alternative Formulations Minority rules Model Rules Significant State Variation
7	Facts and Data Knowledge of Specifics Specific information Rarely tested If not tested no “need to know” Example Number of peremptory challenges in a capital case Year Brown v. Education decided Case Names/Holdings
8	Systems of Classifications Knowledge of How Specific Information is Used or Organized Important to low level problem-solving Foundation for the ability to generalize and analogize Assumed to know Example Which hearsay exception requires a showing of unavailability Which torts require intent Which Investments qualify for capital Gains
9	Analytical Criteria Knowledge of How Specific Information is Used or Organized Precondition to doing analysis Functions both as a checklist of pertinent issues and organizing device Example Test for intent Factors for determining whether a person is an employee or independent contractor
10	Statements of Policies and Rationales Knowledge of How Specific Information is Used or Organized Critical to advanced problem solving Example Movement in product caused injury is away from the fault principle and toward strict liability based on the concept of distribution of risk.
11	Trends and Tendencies Knowledge of How Specific Information is Used or Organized Important to Advanced problem-solving Required on questions where students need to determine likely results Example: Present US Supreme Court appears to disfavor application of the exclusionary rule and will tend to find a basis for limiting the rule or finding it inapplicable
12	Methodology and Forms Knowledge of How Specific Information is Used or Organized Learning specific methods of determining facts Basic forms for certain legal documents Basic “how to” information foundational for certain skills demonstration Not usually tested in first year courses Example: Computation of number of shares needed Manner in which an estate is to be divided Form of Waiver provision
13	. . . Basic knowledge is generally presumed to exist at the time of an exam, regardless of whether the desired information has been made accessible or whether the student has been told of it’s importance. . . [Law School Exams are typically] drafted in such a way that [they] cannot be correctly analyzed or answered in the absence of the presumed knowledge. Michael Joesphson, Grading and Evaluation in Law Schools, p. 66 (1983) (emphasis added),
14
15	Understanding Mental capacity to use information Involves both comprehension and application
16	Ability to PARAPHRASE Understanding Restate or paraphrase a concept, argument, principle or rule in own words Example State a case holding Summarize the arguments or contentions of the parties Describe the dissent’s reasoning
17	Ability to INTERPERT Understanding Able to determine the meaning of unfamiliar or new statements related to principles, rules and policies studied Example: If a student understands the concept of mens rea (the mental element of a crime) and the meaning of intent, the student will be able to discuss how the term deliberately should be used.
18	Ability to APPLY Understanding Apply stored information to new situations Example: A known principle of law to given facts to determine whether the principle controls A known statement of policy to a new situation to determine if the rule or principle generated by that policy should apply A known holding of a case to a hypothetical case
19	Ability to COMPARE Understanding Compare two or more principles, cases, arguments, etc and determine the extent to which they are similar or dissimilar Overlaps with analogy
20	Ability to PREDICT Understanding Based on understanding of policies and trends, make rationally based prediction on the outcome of certain arguments and the likely direction and evolution of the law Must have the capacity to extrapolate, to identify implications and consequences which arise out of but extend beyond known information
21	Variance Between Classes and Exam Emphasis Law School Classes Heavy emphasis on Paraphrasing and interpreting Facts of case Contentions of counsel Statements and holding of the court Reading cases Carefully critically Law School Exams Broader emphasis Identifying issues from a new fact pattern Apply rules, concepts, and policies
22
23	Issue-spotting An issue is something that two well informed creative lawyers would fight about (“legitimate point of controversy”) Must perceive more than the obvious arguments and interpretation Plausible basis for the argument and a significant possibility of success
24
25	Problem-solving Natural progression from issue-spotting Issue spotting relates to finding and defining problems Problem-solving deals with the discussion and resolution of those problems
26	Abilities Required for Problem-solving Ability to Reason by Analogy Compare a new and unknown situation to known facts and principles Ability to Reach Sound Conclusion Requires a sophisticated ability to evaluate the quality of arguments and the sufficiency of facts Select the best argument, the most likely result
27
28	Judgment Ability to perceive non-legal aspects of a problem Ability to integrate the non-legal aspects into the problem-solving process Ability to critically analyze individual problems in the context of the legal process
29	Ability to Perceive Non-Legal Aspects Judgment Need to go beyond the narrow doctrinal and factual confines of a legal problem Practical implications Time, cost and reasonableness of certain risks Tactical Considerations Ethical Issues Human Relations
30	Ability to Integrate Non-Legal Aspects into the Problem-solving Process Once perceived, the more difficult task is to integrate those factors Judgment involves decision not merely thinking Some students (and lawyers) are exceptional issue-spotter but poor decision makers Person with good judgment is willing and able to exercise it after weighing and balancing the legal and non-legal consideration; Person with good judgment consistently reaches sound judgments.
31	Ability to Critically Analyze Judgment Critically analyze alternative solutions for their Utility Effectiveness Social implications
32
33	Synthesis Ability to rationalized previously irreconcilable positions, reorganize, categorize, classify and otherwise “pull together” information, policies and concepts. The most advances intellectual skills Requires application of all the previous skills
34
35	How to Achieve Your Personal Best in Law School Reviewing Effective Study Habits
36	Skills and Abilities Needed
37	Strategic Study Read and Brief Cases Actively Attend Every Class and Take Notes (Class Participation) Review and modify Class Notes Prepare Course Outlines Prepare Flow Charts Know and Understand the Law (Memorize) Practice Answering Hypotheticals in Writing (Practice Hypos/Exams) Use Study Aids Effectively (Study Aids) Use Study Groups/ Study Partner Effectively (Study Groups)
38	Knowledge, Skills and Study Behavior