assignments in law school

What You Can Expect from Your Law School Experience

Law schools offer a range of programs to fit your career ambitions and schedule. Most law schools share a common first-year approach to educating lawyers, with much more variation in the second and third years, such as opportunities for specialized programs, judicial clerkships, legal externships, participation in clinical programs and moot court, and involvement with public interest and governmental agencies. Meet real students who share their stories of activism, public service, and international travel as part of their law school education. Law school can be an intense, competitive environment–but the rewards are considerable.

The First Year

Your journey officially begins. The work will be challenging, and professors expect you to arrive at every class thoroughly prepared. Most professors give little feedback until the final examination for the course, and most course grades are determined primarily from end-of-semester or end-of-year exams.

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The Case Method Approach

The case method is unfamiliar for many first-year law students. It involves the detailed examination of a number of related judicial opinions that describe an area of law. You may be asked questions designed to explore the facts presented, to determine the legal principles applied in reaching a decision, or to analyze the method of reasoning used. In this way, professors encourage you to relate the case to others and to distinguish it from those with similar, but inapplicable, precedents.

By focusing on the underlying principles that shape the law’s approach to different situations, you will learn to distinguish among subtly different legal results and to identify the critical factors that determine a particular outcome.

The Ability to Think

There is an adage that the primary purpose of law school is to teach you to think like a lawyer. This is reinforced through the case method approach. Although the memorization of specifics may be useful to you, the ability to be analytical and literate is considerably more important than the power of total recall. Because laws continually change and evolve, specific rules may quickly lose their relevance, but the ability to think critically will be of the highest value. This is why critical thinking ability is assessed on the LSAT as a predictor of likelihood of success, and why preparing for the LSAT helps students once they’re in law school.

The Curriculum

As a first-year law student, you will follow a designated course of study that may cover many of the following subjects:

• Civil procedure —the process of adjudication in the United States such as jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of trial results.
• Constitutional law —the legislative powers of the federal and state governments, and questions of civil liberties and constitutional history, including detailed study of the Bill of Rights and constitutional freedoms.
• Contracts —the nature of enforceable promises and rules for determining appropriate remedies in case of nonperformance.
• Criminal law and criminal procedure —bases of criminal responsibility, the rules and policies for enforcing sanctions against individuals accused of committing offenses against the public order and well-being, and the rights guaranteed to those charged with criminal violations.
• Legal method —students’ introduction to the organization of the American legal system and its processes.
• Legal writing —learning legal research and writing are critical elements of most first-year law school experiences.
• Property law —concepts, uses, and historical developments in the treatment of land, buildings, natural resources, and personal objects.
• Torts —private wrongs, such as acts of negligence, assault, and defamation, that violate obligations of the law.

In addition to attending classes, you may be required to participate in a moot court exercise in which you must argue a hypothetical court case.

After the first year, you will likely have the opportunity to select from a broad range of courses. Most students will take foundation courses in administrative law, civil litigation, commercial law, corporations, evidence, family law, professional responsibility, taxation, and wills and trusts before completing their degree. Every law school supplements this basic curriculum with additional courses, such as international law, environmental law, conflict of laws, labor law, criminal procedure, and jurisprudence, and many law schools include clinical (experiential) opportunities as well.

Extracurricular Activities

Student organizations are a great supplement to classroom learning. Typically, these organizations are dedicated to advancing the interests of particular groups of law students, such as Black students, female students, Hispanic students, or LGBTQ students. Other groups promote greater understanding of specific legal fields, such as environmental or international law, or provide opportunities for involvement in professional, social, and sports activities.

A unique feature of American law schools is that law students manage and edit most of the legal profession’s principal scholarly journals. Membership on the editorial staffs of these journals is considered a mark of academic distinction. Selection is ordinarily based on outstanding academic performance and writing ability.

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Being a student always means having to deal with loads of homework. This statement is true for all students, regardless of their academic level or the major they choose to study. However, while the scope of homework is about the same for everyone, the types of assignments can slightly vary depending on the subject that you study.

In this article, we are going to tell you about the four main homework types facing law students, in particular. So, if you are a law student yourself, read on to learn what will be expected of you in a law school. 

Practice Homework

The first and the most common of the four main homework types is practice homework. The core goal of such assignments is to help students expand their knowledge and reinforce their newly-acquired skills by means of putting them to practice. This kind of homework is the one that makes the most of the academic program, which is why law students struggle with it the most.

The most common assignment that represents this type of homework is essay writing. Just like the rest of their peers, law students are being assigned dozens of essays and other academic papers every year. A load of such assignments is so huge that students often look for the write my essay online writing services and platforms. But, it is an integral part of the educational process, so there is no way to avoid academic writing.

Some other examples of practice homework that you can face in a law school can include:

• Memorizing local laws;
• Reading court records;
• Examining subject-related literature, etc.

Extension Homework

The second one of the four main homework types is extension homework. In a nutshell, this type of homework is used by professors to encourage their students to pursue knowledge individually and in ways that are more imaginative than simply reading a textbook. Also, extension assignments are used to help students connect what they learn in the classroom with real-life and apply their existing skills to expand their knowledge.

Common types of law assignments that represent this type of homework include:

• Writing literature reviews;
• Researching local law news;
• Compare and contrast events, etc.

Creative Homework

Despite the fact that law students spend most of their time studying complex and serious subjects, there is still a place for the next type of homework – creative homework in their curriculums. As you can guess from its name, this type of homework often takes different creative forms. The key goal is to help students develop problem-solving and critical thinking skills through completing creative projects.

There are plenty of examples of creative homework assignments that you can face in a law school. Basically, pretty much any type of individual project can be considered a creative homework assignment. However, to help you grasp the idea, here are a few examples of the most common law assignments of this type:

• Research projects;
• Photo essays;
• PowerPoint presentations, etc.

Preparatory Homework

Finally, the last of the four types of homework is preparatory homework. The key goal of such homework is to help students gain solid background on a specific unit of study in order to prepare them for future lessons. Simply put, preparatory homework is the type of homework that helps you collect initial knowledge on the subject you are studying. And it can also be called one of the most common types of assignments facing law and other students.

What assignments can be considered as preparatory homework? In fact, there are many. To name a few, here are some of the most common examples of this type of homework:

• Tests and exams;
• Completing exercises from the workbook;
• Reading textbook chapters to prepare for the next lesson, test, discussion, etc.

The Bottom Line

Whether you are just planning to enroll in a law school or are already a law student, knowing about different types of homework that you will have to deal with can empower you for better academic achievements.

After reading this article, you should have a better idea of different homework types that you can face studying in a law school. Hopefully, this will help you prepare for your academic path and ensure success.

Camilla Uppal

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Pre-Law Advising

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Should i go to law school.

• Why law school?
• What skills do I need?

What can I expect in law school?

• How much does law school cost?
• What types of legal practice are there?
• What does the practice of law look like?
• How much can I expect to earn?

What is a law degree?

A Juris Doctor (J.D.) is the degree awarded to law school graduates. Most J.D. programs are three-year programs, though some are four-year part-time programs, and a few two-year accelerated programs are available. Graduates can practice any area of law after passing a state bar exam with the exception of patent law, which requires a technical undergraduate major (or substantial coursework in science courses) and a passing score on the patent bar exam. For more information on patent law requirements, go to the United State Patent and Trademark Office (USPTO) .

A J.D. can also lead to a range of law-related careers in government, politics, business, higher education, alternative dispute resolution, consulting, public interest advocacy, and numerous other fields. If you are interested in earning a J.D. for any career other than the practice of law, make sure to investigate alternative pathways to that career, including other graduate degrees and work experience, to be sure law school is the most efficient path. 

Don’t confuse the J.D. with the LL.M., a masters of laws degree for students who have already earned their J.D. or for international students with a legal background who want to learn U.S. law.

How is law school different than college?

Case method :.

Law school is an academic challenge; most students agree the first year (“1L” year) is the most difficult. In part, this is because law school is taught using methods entirely different than the lecture method used in most college classrooms. Law school is taught using the Case Method in combination with the Socratic Method. The Case Method involves significant reading and preparation for class. Expect to spend several hours each evening reading cases (appellate-level judicial opinions). Here is an example of a case usually covered in a first-year contracts course:

Frigaliment Importing Co. v. B.N.S. International Sales Corp. , 190 F.Supp. 116 (S.D.N.Y. 1960).

The textbooks for first-year law classes usually include cases and excerpts of cases from across the country. You will not find explanations of the cases, summaries of the cases, or outlines of the pertinent information to understand in teh textbook.  It is up to you to “brief” each case. A case brief is a summary of the case, broken down into relevant parts. You must analyze each case in preparation for class.

Case Brief for Frigaliment Importing Co. v. B.N.S. International Sales Corp. , 190 F.Supp. 116 (S.D.N.Y. 1960).

Socratic Method :

There is no way to hide in a law school classroom.  Law professors usually don’t lecture; instead, they ask questions to help students learn how to analyze case law. Students often have assigned seats and the professors have a seating chart with pictures and names of students pasted to it. This makes it easier for them to call on students and ask questions about the assigned cases. For a particular case, the professor may ask questions designed to explore the facts of the case, to determine the legal principles, and to analyze the reasoning used. The professor may then use hypothetical scenarios to test a student’s understanding of the material.

Curriculum :

Most law schools have a highly-structured first year (referred to as “1L”) curriculum.

“As a first-year law student, you will follow a designated course of study that may cover many of the following subjects:

• Civil procedure— the process of adjudication in the United States, i.e., jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of trial results.
• Constitutional law— the legislative powers of the federal and state governments, and questions of civil liberties and constitutional history, including detailed study of the Bill of Rights and constitutional freedoms.
• Contracts— the nature of enforceable promises and rules for determining appropriate remedies in case of nonperformance.
• Criminal law and criminal procedure— bases of criminal responsibility, the rules and policies for enforcing sanctions against individuals accused of committing offenses against the public order and well-being, and the rights guaranteed to those charged with criminal violations.
• Legal method— students' introduction to the organization of the American legal system and its processes.
• Legal writing— research and writing component of most first-year programs; requires students to research and write memoranda dealing with various legal problems.
• Property law— concepts, uses, and historical developments in the treatment of land, buildings, natural resources, and personal objects.
• Torts— private wrongs, such as acts of negligence, assault, and defamation, that violate obligations of the law.”

From LSAC, “What You Can Expect from Your Law School Experience” .

Exams and Grading :

After class, students create outlines of the course material from their classroom notes and case briefs. Study groups are encouraged to help students understand complicated concepts and case distinctions. Many students work on their course outlines in these study groups. Outlines are important because they can often be used on final exams. Most first-year law courses have only one exam at the end of the semester that determines 100 percent of a student’s final grade. A minority of schools have courses with mid-terms or assignments throughout the semester. These exams are often based on hypothetical fact patterns that touch on all of the concepts in the course and require the student to analyze and apply the law, rather than memorize it. Sample exams can be found online at various law schools. Many students find it difficult to assess how well they are mastering the material in the first semester as they assimilate to law school.

In the first-year of law school, many students find the Case Method foreign, the Socratic Method unnerving, and the lack of information about their academic progress troubling. This creates a stimulating, stressful, and competitive first-year experience that many students report is the greatest academic challenge of their lives. Some students thrive in this setting while others stumble.  It is critical for you to learn as much as possible about law school before you get there to determine if this environment is a match for your skills and goals.

How can I learn more about law school?

The activities and resources below can help you explore your interest in law school.

• Subscribe to the Pre-law Listserv to learn about upcoming events, scholarship opportunities, and important updates. Click here to register.
• Sit in on a real law school course.  There is no better way to learn about what law school is really like than to attend.  Many schools will allow you to sit in on a class during a scheduled visit to the school.  Consider sitting in on a class at one of Penn State’s law schools: Penn State Law at University Park or Dickinson School of Law in Carlisle.
• Meet admissions officers from law schools at Law School Day during Graduate & Professional School Week held in the HUB each October.
• Attend a free  LSAC Law School Recruitment Forum  held in major cities around the country.
• Examine law school case books and other readings in the Penn State University Bookstore.
• Join a student organization to learn more about law school.  There are several student organizations that host events for students to learn more about the law school experience.   Find out more about these organizations .
• Consider a summer exploratory program at a law school.  Many schools offer 1-3 week programs designed to introduce students to law school and help them decide if it is the right fit for their interests and goals.

Katherine E. Garren, J.D. Pre-Law Adviser Division of Undergraduate Studies The Pennsylvania State University 101 Grange Building University Park, PA 16802 Email: [email protected]

Phone: 814-865-7576 Fax: 814-863-8913 Hours: 8am - 5pm (Mon-Fri, Eastern Time)

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The First-Year Law Student's Toolkit: Essential Resources and Tips

Are you a first-year law student looking for essential resources and tips to succeed in your studies? Look no further than our comprehensive toolkit, packed with everything you need to excel in your legal education.

Posted May 12, 2023

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Congratulations on your acceptance into law school! As you embark on this new journey, it's important to equip yourself with the tools and resources you'll need to succeed. The first year of law school is notoriously challenging, but with careful planning and preparation, you can set yourself up for success. In this article, we'll walk you through essential resources and tips to help you navigate your first year of law school.

Introduction: Navigating the First Year of Law School

Before we dive into specific tips and resources, it's important to understand the unique challenges that come with being a first-year law student. You'll be exposed to a completely new way of thinking and a new way of studying. Law school requires a great deal of reading, writing, and critical thinking, and you'll be expected to learn a vast amount of material in a short amount of time. Additionally, the academic environment can be highly competitive, which can be intimidating for some students.

One of the biggest challenges of the first year of law school is adjusting to the workload. You'll likely have multiple classes, each with their own reading assignments, case briefs, and legal writing assignments. It can be overwhelming at first, but it's important to stay organized and manage your time effectively. This may mean creating a study schedule or using a planner to keep track of deadlines.

Another challenge that many first-year law students face is imposter syndrome. It's common to feel like you don't belong or that you're not smart enough to succeed in law school. Remember that everyone feels this way at some point, and it's important to reach out to your peers, professors, or a counselor if you're struggling. You're not alone, and there are resources available to help you succeed.

Setting Goals and Expectations for Your First Year as a Law Student

One of the most important things you can do to prepare for your first year of law school is to set clear goals and expectations for yourself. Determine what you hope to achieve during your time in law school, both academically and personally. Break these goals down into manageable steps and create a plan for achieving them. This will help you stay focused and motivated throughout the year, even when things get tough.

Another important aspect to consider when setting goals and expectations for your first year of law school is to be realistic. While it's great to aim high, it's also important to be honest with yourself about what you can realistically achieve. Don't set yourself up for failure by setting goals that are too lofty or unrealistic. Instead, set goals that challenge you, but are also achievable with hard work and dedication.

Additionally, it's important to remember that your goals and expectations may change throughout the year. As you learn more about the law and your own strengths and weaknesses, you may need to adjust your goals and expectations accordingly. Be open to this process and don't be afraid to seek guidance from professors, advisors, or other students if you need help along the way.

Building a Strong Support Network: Finding Mentors and Peers

Law school can be overwhelming, but you don't have to go through it alone. Building a support network of mentors and peers can help you navigate the challenges of your first year. Seek out upperclassmen or professors who can offer guidance and advice. Additionally, connect with other first-year students to form study groups and provide emotional support.

Another way to build a strong support network is to get involved in extracurricular activities. Joining a student organization or participating in moot court can help you meet other law students who share your interests and goals. These activities can also provide opportunities to network with practicing attorneys and judges.

It's important to remember that building a support network takes time and effort. Don't be afraid to reach out to others and ask for help when you need it. And remember to pay it forward by offering support and guidance to others who may be struggling.

Essential Reading Materials: Understanding the Law School Curriculum

One of the biggest challenges of law school is the heavy reading load. To stay on top of your coursework, it's essential to familiarize yourself with the key texts used in your classes. This may include casebooks, textbooks, and relevant articles. Make a point to read thoroughly and take detailed notes on each reading assignment. This will help you better understand the material and contribute to class discussions.

Additionally, it's important to understand the structure and organization of the law school curriculum. Most law schools have a set of required courses that cover foundational legal concepts, such as contracts, torts, and civil procedure. These courses are typically taken in the first year of law school. In the second and third years, students have more flexibility to choose elective courses that align with their interests and career goals. It's important to carefully consider your course selections and seek guidance from professors and advisors to ensure you're on track to meet your academic and professional objectives.

Strategies for Effective Time Management and Prioritization

Law school requires exceptional time management skills. With so much reading, writing, and studying to do, it's important to find a system that works for you. Consider using a planner or calendar to schedule your days and weeks. Prioritize your assignments based on their due dates and level of difficulty. And don't forget to schedule time for self-care and relaxation!

Another effective strategy for time management is to break down larger tasks into smaller, more manageable ones. This can help you avoid feeling overwhelmed and make it easier to stay on track. Additionally, try to eliminate distractions during study time, such as social media or phone notifications. Finally, don't be afraid to ask for help or seek out resources, such as tutoring or study groups, if you're struggling with a particular subject or assignment.

Tips for Effective Note-Taking and Briefing Cases

During class, you'll be expected to take detailed notes and brief cases. Effective note-taking can help you identify important concepts and ideas, while briefing cases can help you analyze and synthesize the information presented in class. Develop a system for taking notes and briefing cases that works for you. Consider using shorthand and abbreviations to save time.

It's also important to review and organize your notes regularly. Set aside time after each class to review your notes and fill in any gaps. Consider using color-coding or highlighting to help you quickly identify key information. Additionally, create a system for organizing your notes and case briefs, such as using a binder or digital folder. This will make it easier to study and review the material later on.

Utilizing Legal Research Tools: A Comprehensive Guide

As a law student, you'll be introduced to a variety of legal research tools, including online databases and legal dictionaries. Take the time to familiarize yourself with these tools and use them to your advantage when conducting research for your assignments. Additionally, make use of your law school's library and librarian resources.

It's important to note that legal research tools are not one-size-fits-all. Different tools may be more effective for different types of research. For example, if you're researching a specific case, you may want to use a case law database, while if you're researching a legal concept, a legal encyclopedia may be more helpful. Don't be afraid to experiment with different tools to find what works best for you.

Exam Preparation Techniques: Maximizing Your Performance

The culmination of your first year of law school will be your final exams. Effective exam preparation is key to performing well. Consider preparing a study schedule in advance, seeking out old exam questions for practice, and working with study groups to review key concepts. Additionally, make sure to take care of your physical and mental health in the days leading up to your exams.

Another important aspect of exam preparation is to stay organized. Keep track of important dates, deadlines, and exam formats. This will help you to prioritize your study time and ensure that you are adequately prepared for each exam. You may also want to consider creating study aids, such as flashcards or outlines, to help you review key concepts and information.

Finally, it is important to stay focused and avoid distractions during your study time. Find a quiet and comfortable study space, turn off your phone and other electronic devices, and limit your access to social media and other distractions. By staying focused and disciplined, you can maximize your performance on your final exams and set yourself up for success in your future legal career.

Balancing Work, Life, and School: Avoiding Burnout

Law school can be all-consuming, but it's important to maintain a healthy balance between work, life, and school. Schedule time for hobbies and activities that bring you joy outside of your coursework. And don't forget to prioritize self-care practices like getting enough sleep, eating healthy, and getting regular exercise.

It's also important to seek support from friends, family, and classmates. Law school can be a challenging and stressful experience, and having a support system can make all the difference. Consider joining a study group or reaching out to a mentor for guidance and advice. Remember, you don't have to go through law school alone.

Networking Opportunities: Building Relationships with Legal Professionals

Networking is an essential part of building a successful legal career, and it's never too early to start developing these skills. Attend networking events hosted by your law school or local legal organizations. Seek out opportunities to meet practicing attorneys and judges. And consider joining student groups related to your interests within the legal profession.

Pro Bono Opportunities and Internships: Gaining Experience in the Legal Field

Gaining practical experience in the legal field is essential to preparing for a successful career. Look for pro bono opportunities and internships that align with your interests and career goals. These experiences can help you develop valuable skills and gain exposure to different areas of law.

Preparing for Career Success: Resume Building and Interview Tips

Ultimately, the goal of law school is to prepare you for a successful career in the legal field. Take advantage of career services offered by your law school to develop your resume, cover letter, and networking skills. Additionally, prepare for job interviews by researching potential employers, practicing your interviewing skills, and developing strong talking points about why you are the best candidate for the job.

Conclusion: Mastering the First Year of Law School

With careful planning, determination, and the tips and resources outlined in this article, you can successfully navigate your first year of law school. Remember to stay focused on your goals, ask for help when you need it, and maintain a healthy balance between work, life, and school. Good luck!

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What Are Law School Classes Really Like?

You already know law school is challenging and fast-paced. Chances are you're prepared to tackle your law school classes with gusto. But, you may have questions about the amount of study time you'll need outside of class or wonder if you can fade into the background during a lecture. Learn what law school classes are really like by exploring answers to these questions and more. 

What Is the Method of Instruction?

Law school classes aim to immerse students in both doctrine and practice, allowing students to develop legal and analytical skills. For instance, law school courses zero in on your application of knowledge and long-term memory. Professors often use the case method, sometimes in combination with the Socratic teaching method (see below for more on these). Nearly everything you learn in law school is relevant in future courses. 

In contrast, undergraduate schools focus on memorization and critical thinking skills. Professors rely on didactic teaching methods such as lectures or instructional courses. Some classes and concepts may not apply to your major. 

Moreover, law schools provide experiential learning experiences, including law clinics, externships, moot court, and skills courses. Gaining experience during law school allows you to gain practical skills and the confidence to tackle tough cases in real life. 

The Case Method  

The Case Method is a well-known law school teaching practice. This approach makes students look at judicial opinions resulting in legal rules. During class, law professors may involve everyone in discussions about why and how judges made decisions. These discussions are frequently conducted using the Socratic method.

The Socratic Method

The Socratic Method can be unnerving. Professors may cold-call you, ask you to apply a specific legal rule or adapt your answer based on new facts, and press you to defend your answer. Law schools employ this active-learning method to bolster students’ public speaking skills and to encourage critical thinking by helping students identify the most compelling arguments on both sides of legal questions. 

After all, with fact-dependent material, a slight change in a legal situation may result in different outcomes or a need for a distinct approach. Knowing how to adapt your argument based on legal rules alongside theories and presumptions prepares you to practice law. 

What Class Sizes Can I Expect?

Although most law schools use similar teaching methods, class sizes can differ dramatically. For example, at ONU Law, the 2020-2021 incoming class size is 61 students. Smaller class sizes may provide more individualized attention and opportunities to a higher number of students. 

What Are Learning Outcomes? 

The American Bar Association (ABA), under Standard 302, requires all law schools to develop a set of learning outcomes. Law schools interpret the following ABA minimum competencies to form school-specific outcomes: 

• Knowledge and understanding of substantive and procedural law 
• Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context
• Exercise of proper professional and ethical responsibilities to clients and the legal system 
• Other professional skills needed for competent and ethical participation as a member of the legal profession

ONU Law Learning Outcomes

ONU Law equips students to practice law by giving them the foundation required to understand and analyze difficult issues. Moreover, students learn how to apply their skills and talents in various situations to advocate for their clients. There are six learning outcomes at ONU Law that require students to demonstrate proficiency in:

• Substantive and procedural law
• Legal research
• Legal analysis and problem-solving
• Effective written and oral communications
• Proper professional and ethical responsibilities to the clients and the legal system
• Legal practice skills 

What Are Assignments Like in Law School? 

Like everything in law school, assignments are meant to instill your understanding of the rule of law and teach you how to draw your conclusions based on the facts and precedents. Accordingly, homework tends to focus on reading casebooks and statutes to learn legal doctrines.

As part of your assignment, you'll be expected to read and comprehend individual court cases and notes from the author or editor. Assignments may range from 40 pages to 100 pages of reading per class per week. 

How Much Preparation Do I Need Before Class? 

In short, a lot. Unlike in undergraduate school, law students spend countless hours preparing for classroom instruction. Along with reading around 100 pages a week per class, you'll want to review your notes and create outlines. Plus, many law students find they need to read the same material a few times to grasp it fully. 

Many students get involved in study groups to discuss case briefs and build useful outlines to understand complex concepts better. A key thing to remember is that it's very hard to catch up if you fall behind. Everything you read is essential to your next day's class and for all future courses. However, your class prep time will get easier after the first year of law school, as you'll have a better grasp of the legal terminology, study requirements, and necessary lawyering skills.  

How Are Law Classes Graded? 

Although some classes, such as legal research and writing, may grade students on oral presentations and writing projects, most law courses do not. Instead, your final exam determines your grade. These exams differ by class but often use an essay format. 

Students must read various stories or fact patterns, then analyze the information and develop an essay outline. Next, students form essay answers or a written analysis showing an understanding of the law and the ability to apply it to the facts at hand. In these cases, the student is the judge or counsel charged with determining the case's outcome or arguments.

While some teachers may offer extra credit based on class participation or knock you down points for lack of preparation, scoring well on exams is what determines your grade. Moreover, during your first year of law school, you can expect exams to be graded on a strict grading curve, with few students receiving an A.

Can You Choose Your Law School Courses? 

During your first year, it's crucial to learn and adjust to the expectations of law school. To get you ready to practice, you need to start with the basics. Most law schools develop their curricula to ensure that students achieve the  competencies mandated by the American Bar Association and are well-positioned to succeed on the bar exam . This means you likely won’t have a lot of choice in the classes you take, at least not at the beginning. Later in your law school career you’ll be able to select more elective courses. 

Schools like ONU Law also offer certificate tracks . These allow you to tailor your courses to your specific interests. For example, you can choose to concentrate on criminal, corporate, or tax law, among others, at ONU Law. 

Skills-Based Classes

After your first year at ONU Law, you also need to complete a minimum of seven hours of instruction in skills courses . There are clinics, workshops, externships, and classes that aim to prepare you to practice law. You'll learn how to:

• Interview and counsel clients
• Advocate on your client's behalf
• Draft legal documents
• Navigate complex workflows
• Collaborate with legal teams
• Take into account your legal strategy's impact on clients 
• Adhere to legal deadlines

Dual Degree Programs

Some schools offer students a combination of a Juris Doctor degree and a master’s degree fitting with their undergraduate degree. For instance, students who complete ONU Law's JD/MSA program receive a Master of Science in Accounting and a Juris Doctor degree. Furthermore, this three-year program earns you enough credits to sit for the certified public accountant (CPA) exam. 

Where Can Law Students Get Help? 

The fast-paced teaching methods and exam styles can leave law students feeling anxious or concerned about their grades, especially during the first year. Law schools offer students various levels of support. 

Before applying to law school , review the types of assistance offered to students. For instance, ONU Law offers a robust Academic Success program. This program encourages students throughout their journey from classwork to bar exam preparation. ONU Law also provides:

• Career and professional development support: Get access to personalized counseling, use a job-search software platform, receive networking opportunities, and order professional business cards. 
• Summer Starter Program: Designed for students with lower LSAT scores, the Summer Starter Program is eight weeks long, provides two first-year classes and earns you eight credit hours. You get one-on-one instruction and automatic enrollment into the fall class upon completion. Learn more about the Summer Starter program and whom it’s for on our admissions blog .
• The Taggart Law Library: Along with electronic research tools, you'll find more than 463,000 volumes of state, federal, and international legal materials all within a quiet area with workstations and open seating. 
• Health and wellness resources : ONU Law cares about the entire student, not just the academic portion. The college provides numerous wellness options, including counseling, an ONU health center, dining services, spirituality health services, and fitness activities.

Discover Law School Classes at ONU Law

Yes, getting your JD degree won't be easy. Then again, you didn't expect it to be. Schools like ONU Law do more than give you failing or passing grades. They immerse you in lawyering experiences and surround you with capable mentors and alumni to ensure you're prepared to take the next step. And with an 86% first-time bar passage rate in Ohio during the 2020 pandemic, students continue to excel regardless of obstacles. Discover your future by signing up to receive information about ONU Law and upcoming events.

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• Academic and Bar Success Program
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• Health and Wellness Resources

How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials,

Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

(b) Procedural History

(c) Issue (and questions presented)

(d) Holding (and conclusions)

(e) Analysis (rationale)

(f) Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

More Helpful Links

The american legal system, how to brief a case, how to read a casebook 101, top 20 things you need to know about law school, learn to spot issues like a lawyer, why an internet search is not legal research, why go to law school, what’s the most challenging part of law school, what advice would you give yourself about law school.

Student Spotlights

Tips for law school success.

Harvard Law School faculty and staff share wisdom, tips, and tricks for making the most of your time in law school

Do the readings. Take notes. Participate in class. Most of the advice about success in law school tends toward the obvious. Who didn’t already know that studying for an exam was crucial?

As many Harvard Law School students prepare to set foot on campus for the very first time, we asked faculty and staff to share what they wished they’d known about doing well and staying well in law school — useful whether you’re a first-year student just beginning your journey, an LL.M., S.J.D., or a 3L preparing to make your mark on the world.

Susannah Barton Tobin ’04, Ezra Ripley Thayer Senior Lecturer on Law : “I would remind new students that eating, sleeping, and exercising are the three essentials to maintaining a balanced and happy existence, law school or no law school, so try for at least two of the three each day!”

Kenneth W. Mack ’91 , Lawrence D. Biele Professor of Law : “Among the rich resources of your law school experience, probably the most important are your classmates. They will be steadying influences during your first year, and study partners. Many of them will become your friends for life. They are extraordinary people, as are you. Get to know them. Your relationships with them are among the most important aspects of your time in law school.”

Eloise Lawrence , assistant clinical professor of law and deputy faculty director, Harvard Legal Aid Bureau : “Try not to forget what brought you to law school. You will face a number of prevailing winds that may throw you off course, but keep redirecting yourself back to the values and goals that motivated you to set out on this journey. Hopefully, you will discover opportunities that you didn’t even know existed to achieve your goals, but be wary of the things you supposedly ‘have to do’ or ‘everyone is doing.’ Instead, let your lived experience and core values guide you.”

Sheryl Dickey , attorney advisor for the LL.M. Pro Bono Program : “Your legal career is long, with many twists and turns, and you can put your legal training to work in a wide variety of ways. I have worked in big law, taught as a law school clinical instructor, and now work in higher education administration. It is so important to remember there is no one single path to success! An additional word of wisdom: Find people at HLS who make you laugh, challenge you, inspire you, and make you happy. The friends you make through your study groups, classes, student practice organizations, clinics, student associations, sports, moot court teams, or student government are the backbone of your HLS experience.”

Ruth L. Okediji LL.M. ’91, S.J.D. ’96 , Jeremiah Smith, Jr. Professor of Law : “Time goes by very quickly, and it’s important to cherish the opportunity to build new relationships without abandoning the old ones. Law school has a way of pressuring time, and often what gets lost are the people or the loved ones that have been significant in our lives up until then. While three years will go by really quickly for you while you’re in law school, it can go by very slowly for those outside of that bubble. You may think you can pick those relationships up where you left off, but often people feel left behind and abandoned because we get so immersed in our legal study. Cherish this time and make new relationships, but don’t abandon the ones that have been so critical to your life thus far.”

Jill Crockett , associate director of clinical programs, Harvard Law School : “Join an SPO [student practice organization] — it makes the law school so much less big and overwhelming. There are a lot to choose from.”

Cindy Zapata , lecturer on law : “With everything going on in law school, do your best to not forget why you came to law school in the first place. Always remember that you belong here and you’re here for a reason.”

Richard Lazarus ’79 , Howard and Katherine Aibel Professor of Law : “I wish I had known before I started law school how many close, life-long friendships I would forge at HLS. If I had, I might have been even more ambitious in discovering my classmates, especially those with very different life experiences than my own.”

Rachel A. Viscomi , clinical professor of law and director, Harvard Negotiation and Mediation Clinic : “Law school is there to serve you; not the other way around. Try to remember why you came to law school and be intentional about how you make use of your time. Also, ‘Keep your eyes on your own mat.’ I had a yoga teacher many years ago who used this phrase to remind everyone not to focus on comparing your own practice and experience to others. In any given moment, we can get caught up in measuring our own performance against others and assessing whether someone else is more or less flexible, balanced, or focused than we are. The law school equivalent might be to imagine that everyone is smarter, more experienced, or more prepared than we are. That’s often an illusion and always a distraction from our development. We each have different strengths and challenges. The more we lean into who we are, on our own terms, and work on making progress from our own starting point, the easier it is to move forward.”

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The Admissions Strategist

What is law school like everything future lawyers should know.

So, what is law school like?

If you’re thinking of practicing law, you’ll need to earn your Juris Doctor (J.D.), the degree awarded to law school graduates.

Law school typically takes three years to complete. Some accelerated programs can be completed in two years, and part-time programs take at least four years.

You’re probably wondering what to expect from law school.

• If your image of law school is based on movies and TV shows, you probably view it as an intimidating and stressful experience.

Law school can be a competitive and intense environment, but it’s also engaging and rewarding. Let’s learn more about what law school is really like.

Click above to watch a video on what Law School is like.

First Year of Law School

Your second and third year of law school (2L and 3L) will vary depending on where you go to school, but your first year (1L) will be essentially the same anywhere.

First year courses are foundational law courses that you’ll need no matter what type of law you practice in the future. Most law school students consider the first year the most difficult.

The first year follows a designated course of study covering topics like:

• Constitutional law – You’ll learn about government structure, individual rights, and constitutional history. This will include a detailed study of the Bill of Rights and the freedoms guaranteed in the Constitution.
• Contracts – Contract laws are complicated, and you’ll study this topic for two semesters. You’ll examine past court cases to learn about the conditions and obligations represented by contracts, as well as the rules and legal proceedings when contracts are breached.
• Torts – Torts is a fun word for a serious topic. It refers to private wrongs for which someone might be held responsible under civil law. You’ll learn about the rationale behind rulings in civil cases. Torts include trespass, emotional distress, and false imprisonment.
• Civil procedure – You’ll also learn exactly how civil proceedings are carried out, including who can sue and when and how they can initiate legal proceedings. Discovery, pleading, pretrial motions, and the courtroom trial are all covered.
• Criminal law – Criminal law courses explore the rules and policies for enforcing criminal law and the rights guaranteed to those who are charged with criminal violations. You will often discuss unique and complex crime scenarios using the Socratic method (more on that in a bit).
• Property – Develop an understanding of the laws governing the purchase, possession, and sale of property including land, buildings, resources, and personal objects. Many of these laws date back to English common law. You’ll also study historical developments over time and economic analysis of policy law.
• Legal methods – Your legal methods course helps you develop essential skills like legal research, analysis, and writing . You will also receive an introduction to American legal processes and the organization of the legal system.

During your first year of law school, you should also expect to participate in moot court exercises.

This may be an individual, partner, or small group exercise. You’ll research a case, then prepare a brief and oral arguments for a mock trial.

Assignments in Law School

In law school, most of your assignments will consist of reading court cases.

These are opinions written by judges that explain why a lawsuit should have one outcome or another. Expect to spend several hours a day reading cases.

For most students, learning to read and comprehend judicial decisions takes time.

• There’s a lot of legal jargon that new law school students are unfamiliar with, and the language is often outdated and archaic. In addition, decisions are written in a style that’s probably unlike anything you’ve read before.

Other law school assignments may include research, legal writing, and preparation for exercises like moot court.

Tests in Law School

For the most part, your grade in each 1L course will be based on how well you perform on the final exam at the end of the semester.

Often, the semester exam accounts for 100 percent of the student’s grade.

• In some courses, grades also include mid-terms and assignments. Students receive little feedback throughout the course, which can be stressful.
• It’s difficult to assess how well you’re grasping the material throughout the year.

Many law students say that first-semester exams are the most intimidating portion of law school.

You will be expected to answer hypothetical questions that touch on all the concepts covered in the course.

• Rather than simply memorizing the law, you’ll have to apply it.
• Exams are typically graded on a curve, creating a competitive learning environment.

To prepare, students create outlines of their case briefs and classroom notes after each class.

These outlines can sometimes be used on final exams.

Some students participate in study groups to create these outlines, review course material, and understand complicated concepts.

Teaching Style in Law School

It also takes time to adjust to the teaching style you’ll experience in law school.

Traditionally, first-year law classes are taught using the Socratic method.

Instead of merely lecturing, professors call on students to discuss assigned reading and court cases.

• Some professors inform students when they will be on-call, while others call on students at random.
• You will be expected to stand and have an intelligent discussion in front of your class.

Preparation is key—skip your assigned reading, and you risk being called on in class and having nothing to say.

• Professors expect you to arrive at every class thoroughly prepared.
• Harvard law school students even tell stories of being verbally quizzed on the content of footnotes in their assigned court cases.

You may be asked questions designed to examine the facts presented, determine the legal principles applied in reaching a decision, and analyze or evaluate the reasoning used.

Often, the questions asked in class focus on gray areas where there are compelling arguments on both sides of an issue, rather than black-and-white answers.

You’re developing the mind of a lawyer, which requires you to think and analyze complex problems differently. You’re also practicing the ability to clearly and convincingly argue your point in front of an audience.

Second and Third Year of Law School

After completing your first year, you’ll likely have the opportunity to choose from a variety of courses.

• There are some foundational courses that most students will take before graduating, such as courses in family law, taxation, administrative law, evidence, corporations, and wills and trusts.

However, every law school supplements the basic curriculum with a wide range of choices.

• The courses you take will depend on what specialty you’d like to pursue in the future.

Options may include environmental law, labor law, bankruptcy law, entertainment law, civil rights law, immigration law, intellectual property law, international law, and more.

Some schools specialize or are particularly strong in certain types of law. You don’t have to know what kind of law you’d like to practice yet, but having a general idea can be helpful as you apply to law schools.

Extracurricular Activities

Most law schools include experiential learning activities as well.

These include clinics, externships, and internships where you’ll work on legal projects under the supervision of licensed attorneys. Some of these opportunities are highly competitive.

You can also join student organizations for female students, Hispanic students, black students, LGBTQ students, or other groups.

Some student organizations are devoted to specific fields like civil rights law, international law, entertainment law, or environmental law.

• Others facilitate involvement in sports activities or professional and social gatherings.

Many students get involved in the community, in human rights issues, or in various causes during their time in law school.

Another potential activity for law school students is managing and editing scholarly journals.

• Being selected to the editorial staff of a scholarly journal is a prestigious distinction. Selection is typically based on academic performance and writing/editing ability.

These meaningful experiences are extremely valuable in shaping your understanding and practice of law.

It may feel like your time is limited, but it’s important to take advantage of these opportunities.

Next Steps (After Law School!)

Once you earn your J.D., a few more steps stand between you and your career in law.

• First, you’ll need to pass an ethics exam known as the Multistate Professional Responsibility Exam (MPRE).
• Passing this two-hour, sixty-question multiple choice test qualifies you to take the bar exam.

The bar exam varies by state. In general, it consists of multiple choice and essay questions evaluating your knowledge of state law and your ability to apply it to various scenarios.

• The bar exam is extremely challenging. In some states, passing rates are as low as 40 percent.

However, many resources are available to help aspiring lawyers prepare.

And in most jurisdictions, there’s no limit to the number of times you can take the bar exam.

After you pass the bar exam, you’re qualified to begin your law career!

A Lawyer’s Perspective

It’s a great idea to get a fresh perspective of someone who went through law school.

So, we did just that for you! We asked a successful lawyer about her law school experience.

Victoria Gentry, Sweet Briar alumna and managing attorney at The Immigration Group in Nashville, Tennessee had this to say about what law school is like:

Law school is focused on preparing students to be professionals in the legal field. Unlike undergrad, the emphasis is not on socializing, creating a community of friends, or even committing to explore a particular area of study. In law school, professors call students “Ms.” or “Mr.” and students are expected to behave professionally as if their classmates are their co-counsel (attorneys in their firm) or opposing counsel (attorneys on the opposite side of a case). Some professors require students to stand when they are called to answer questions in class. Both of these practices prepare students for interacting respectfully in front of a judge or in a boardroom.

Final Thoughts: What Is Law School Like?

The first year of law school consists of required foundational courses, and it’s usually the most difficult. Some law school graduates say that you must “learn how to learn the law” before you can truly learn the law.

You’ll have to adjust to reading court cases—a lot of court cases—and managing the Socratic method .

• In addition, some students find the lack of information about their academic progress stressful.
• Your grades will largely depend on semester exams and end-of-year exams.

It’s helpful to create thorough outlines, participate in study groups, and complete all your assigned reading. Organization, dedication, and reigning in procrastination and poor study habits will also be key.

After 1L, you’ll get to explore various fields of law and complete valuable field experiences.

• You can also participate in a variety of student organizations and extracurricular opportunities.

Law school is likely to be the greatest academic challenge of your life, but it’s certainly rewarding in the end. You’ll learn how to stay cool under pressure, articulate your points clearly, and think critically and analytically like never before.

Once you’ve earned your J.D., you’ll have to pass two exams (the MPRE and the bar). Then, it’s time to begin your illustrious law career.

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What Is Law School Like?

Classes, case briefs, cold-calling, and more

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The Curriculum

The case method, the socratic method.

• One Exam Per Semester

Extracurricular Activities

• J.D., Southern Methodist University
• M.A., English, University of Texas Dallas
• B.S., Political Science, University of Texas Dallas

Law school is intense and competitive. The rigorous curriculum moves quickly, and you'll be expected to read at least 50-75 pages of dense case law every day in order to keep up. In class, professors employ the Socratic method, cold-calling on students and asking them to apply legal principles to hypothetical (and sometimes outlandish) sets of facts. Unlike most undergraduate classes, grades for law school classes are usually determined by a single exam taken at the end of the semester.

Law school can be intimidating, but knowledge is power. Understanding the basics of the law school experience will set you up for success in your first year and beyond.

The law school curriculum is administered over a period of 3 years. All law schools offer the same courses during the first year (called 1L). The 1L courses are: 

• Civil Procedure . Civil Procedure is the study of complex rules that govern the mechanics of court proceedings. These rules often determine the who, when, where, and how of a lawsuit. Civil Procedure also dictates the rules preceding, during, and after a trial.
• Contracts . This two-semester-long course focuses on parties who enter into an agreement and what happens when a breach occurs. 
• Criminal Law . This course covers criminal offenses, including what makes something a criminal offense and how crimes are punished. 
• Property Law . In Property Law, you’ll study the acquisition, possession, and disposition of property. Expect to study dense case law outlining the nuances of property ownership. 
• Torts . Torts is the study of harmful acts that are punishable under civil law. You will learn about the repercussions of trespassing, false imprisonment, assault/battery, and more. 
• Constitutional Law . In Constitutional Law, you will learn about the structure of the United States government and individual rights. 
• Legal Research/Writing. This course teaches students the fundamentals of legal writing and how to write a legal memo. 

In the second and third years, students can select classes based on their interests. Courses will vary depending on the law school, but typical options include real estate, tax, intellectual property , evidence, trial advocacy, mergers and acquisitions, wills and estates, bankruptcy, and securities law. It is a good idea to take a variety of classes in order to decide which practice area to pursue after law school. 

If possible, try sitting in on a course before applying to law school. This experience is helpful because you can learn how law school classes are conducted without having any pressure to perform.

In law school, many of your reading assignments will come from casebooks. Casebooks compile court opinions, called “cases,” related to a specific area of law. You will be expected to read cases, then extrapolate broader legal concepts and principles based on how the case was decided. In class, professors will ask you to take the principles you extrapolated from the case and apply them to a different set of facts (called a “fact pattern”). 

In the case method, reading assignments don’t tell you everything you need to know. You will be expected to apply critical thinking skills to everything you read in order to draw correct conclusions. This step-by-step primer explains the process: 

During the first reading of the case, identify the facts, the parties of the case, and what the plaintiff or defendant is trying to accomplish; don’t worry about getting all the details. During the second read, identify the procedural history of the case and take note of the relevant facts. During the third read, hone in on relevant facts, focus on the judicial interpretation, and think about how the interpretation would change if another fact pattern was used. 

Reading a case several times is standard practice; with each reading, you will become better prepared to answer questions in class. Over time, the practice will become second nature, and you will be able to identify key pieces of information with more efficiency. 

In law school classes, students are expected to learn through the Socratic method —a system of intense questioning designed to lead students to particular insights. 

In a typical example of the Socratic method, the professor will pick a student at random (called "cold-calling"). The chosen student will be asked to summarize a case from an assigned reading and discuss relevant legal principles. Next, the professor will change the facts of the case, and the student will have to analyze how the previously-established legal principles apply to this new fact pattern. The expectation is that the student’s answers will lead to a solid conclusion. To succeed in a Socratic questioning session, students must come to class with a thorough understanding of the assigned cases and the legal principles presented within them. (To be even more prepared, some students try to predict what the professor will ask, then prepare responses.)

Exactly how long the “hot seat” lasts can vary; some professors call on many students per class period, while others grill a smaller number of students for a longer time. All students must pay attention to the dialogue, because there is always a chance that the professor could put someone else on the hot seat at the spur of the moment. Many students worry about potential embarrassment as a result of the Socratic method. Experiencing the Socratic method for the first time is inevitably stressful, but it is a rite of passage for first-year law students. Asking upperclassmen about individual professors’ questioning styles can help calm your nerves before your first class. 

One Exam Per Semester 

In most law school courses, your grade is determined by your score on a single exam, taken at the end of the semester. Exams cover all the information taught in the course and include multiple-choice, short answer, and essay sections. Naturally, there is a lot of pressure to perform on test day. 

The most effective way to study for exams is to start preparing early. Learn the material at a slow and steady pace, start creating a course outline as soon as possible, and meet regularly with a study group. If tests from previous years are available, make sure to review them. Since feedback is limited during the semester, it’s important to be proactive about asking questions. If you’re struggling with a certain concept or principle, don’t be afraid to ask for help. And remember, this high-stakes form of testing is good preparation for the bar exam. 

Law schools offer a large variety of professionally-focused extracurricular activities. Getting involved outside of class is a great way to network with peers, connect with alumni, and develop professional skills. Two of the most popular activities are law review and moot court. 

The law review is a student-run scholarly journal that publishes articles by law professors, judges, and other legal professionals. It is considered the most prestigious extracurricular at most law schools. Law students at the top of their class receive an invitation to join at the end of their first year. (At some schools, you can also gain a coveted slot via application.) As a member of the law review, you will hone your research and writing skills by participating in the journal’s publication process: fact-checking, reviewing footnoted case citations, and potentially writing short articles yourself. 

In moot court , law students learn about litigation and trial advocacy by participating in simulated trial proceedings. Moot court participants write legal motions, present oral arguments, speak to the jury, answer questions from the judge, and more. Joining moot court is a great way to strengthen your legal skills—particularly your ability to form and communicate legal arguments.

• How Long Is Law School? Law Degree Timeline
• Best Majors for Law School Applicants
• How Hard Is Law School?
• How the Socratic Method Works and Why Is It Used in Law School
• Learning the Lingo in Law Schools
• The Differences Between Law School and Undergrad
• How To Study for a Law School Exam
• Ivy League Law Schools
• Best Intellectual Property Law Schools
• Best Law Schools in Texas
• Best U.S. Law Schools for International Law
• 10 Do's and Don'ts for Note Taking in Law School
• What Is a Case Brief?
• Which Law School Courses Should I Take?
• What Should I Wear in Law School?
• Best Law Schools in California

LAW SCHOOL SURVIVAL GUIDE

It depends. A guide to surviving law school.

Practicing law means being comfortable with ambiguity..

It involves telling clients, partners and strangers at cocktail parties, “it depends” – it depends on the facts of the case, the jurisdiction, the individual judge, the terms and conditions, and more. One thing you can know with absolute certainty is that you’ll thrive and survive in law school with tons of planning, preparation and lots of legwork.

We can help you know more now with “It Depends: A Law School Survival Guide.”

WHAT TO EXPECT

On average, law students spend 30% of their waking hours studying.

You may have already discovered that  – but are you making the most of that time so you retain what you read and are productive with your writing time? Keep in mind, there are tactics you can practice to make the most of your time. In fact, time management is crucial to your success in law school.

Consider these tips to help you manage.

Start studying early

It’s never too early to study. The sooner you begin studying case briefs and your class notes, the quicker you’ll start to understand the law. Developing condensed versions of your outlines will help you process the information.

Keep a running to-do list

And estimate how long it will take you to do each class task. (Hint: Review each task at the start of the day.) A to-do list will keep you on track and will give you an idea of the tasks you need to devote more time to.

Break down large projects

Think of law school like a marathon – a long race, not a sprint. Adjusting your mindset, however, will help you to not feel overwhelmed. Split your class projects up into smaller tasks and reward yourself when each section is complete.

Find a good balance between law school and free time; maintain an updated calendar of all your assignments, classes and activities. Make sure to schedule in time for a weekly review.

Adapting to Law School

5 ways to get the most out of your law school experience .

It’s your first year in law school. You’ve been waiting years for this moment – now that you’re finally here, what do you do? Well, it depends. For starters – be nice to your classmates. We know what you’re thinking: “I’m really a nice person. I’m very self-aware and I’m not going to be that person in class.” Here are five ways to be your best self and get the most from your law school experience.

Find out more

EFFECTIVE STUDY

A key part of success at law school is learning how to study effectively. We’ve got some great tips for you.

While time in the classroom can be demanding, studying is an even larger piece of the law school pie. And though class readings, outlining and briefing may feel overwhelming at times, there are ways you can incorporate ‘fun’ into the fundamentals of studying.

Survival Guide

Don't pull an all-nighter for a research assignment.

Don’t dread getting called on in class. How to handle cold-calling.

Outlines: they can save or break you., supplements: to use or not to use that is the question., exams: it's showtime. the dos and don'ts of preparation., do you know your legal stuff.

What is the definition of demurrer and what is it commonly known as? Heads up, it is not another word for modesty.

Class Preparation

Helpful Resources by Class.

A sampling of curated content powered by Quimbee . Sample exams. Outlines. Case Briefs.

Class Guide

Civil procedure, torts , criminal law, constitutional law.

Career Preparation

You landed the law school. Now, how do you land the job?

It depends on whether you’ve put in the time and effort through law school.

Network, network, network!

One of the most important skills lawyers can develop is the ability to attract new clients. Take stock of your network by making a list of all your acquaintances and resources. These resources include your law school placement office, social groups, law school contacts and professors. Ask your network to review your resume and introduce you to attorneys from the firms you are targeting.

Build an awesome resume – right away.

Updating your resume throughout law school will be beneficial when the time comes to studying for the bar exam. Be proactive about updating your resume and looking for summer associate opportunities – it will come fast! As you build out your resume, consider:

• Making your resume concise. Keep your resume short and straight-forward. Employers may not read every word, so include the most relevant, valuable information.
• Tailoring your resume to the job. While you may have a resume template, make sure your skills and qualifications are tailored to the job.

Don’t forget to prep for OCIs.

Practice makes perfect. Be sure to research the firm before your interview and practice anticipated questions with family and friends. Also, treat every firm interview like it’s your top choice.

Unsure about a practice area? Explore different career options.

Our podcast series, created by Practical Law editors, features legal experts to discuss the challenges and opportunities within different practice areas – along with specific skills needed to be a successful legal professional.

A Practical Start to Your Career

Privacy & Security

A practical start to your career

Start-Ups and Venture Capitalists

A Practical start to your career

Trust & Estates

Discover more epsiodes

ADDITIONAL RESOURCES

Looking for something else? Explore these other topics in the Law School Survival Guide.

Get the 411 on terms you'll need to know throughout Law School

The best free resources for law school subjects

Law School Portal

Legal Research & Writing

Cold-Calling

Supplements

Come and join in the conversation on our social channels.

Cozy up with Westlaw to win an Amazon Fall Haul!

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Fuel Your Research with Key Numbers - Bonus Entries

Need some inspiration check out these key numbers by using the digest searches below., find your rhythm with black's law dictionary - bonus entries, need some inspiration check out these legal terms by using the the links below., westlaw's "no skips" tips playlist, real property, show westlaw some love.

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Statutes on Westlaw - Bonus Entries

Need some inspiration check out the statutes below., key numbers on westlaw - bonus entries, searching on westlaw - bonus entries, need some search inspiration for your entries check out the sample searches below.

Because neurodivergent people often need visual prompts or sensory tools, it is helpful to figure out what works best for you. Maybe you need a quiet fidget to use under your desk in class to help you focus. Maybe you need to incorporate the use of timers throughout your day. If you struggle with time blindness, you can use hourglasses to help you visualize time. Perhaps you struggle with extraneous sounds and need to use noise-cancelling headphones. More and more tools and gadgets are being made for neurodiverse individuals that can help you throughout law school.

Society can dictate when you are supposed to be most productive. See the traditional 9-5 work schedule. However, that model does not always work best for neurodiverse individuals. Some people are not morning people, and that is fine. Figure out when you have the most energy during your day to be your most productive self.

Find one system to use for organization and don’t change it. Trying too many organizational systems can become overwhelming. If your phone calendar works best, use that. If you are a list person, write all the lists. If you are a planner person, find the coolest one to use throughout the school year.

It would be nice to think that you can remember every task or deadline, but let’s be honest, that’s probably not true. Write down every deadline, every task, meeting, assignment, important date, etc. in the organizational system that you use.

Just like you can only put so much gasoline in a car, most neurodiverse individuals only have so much room in their focus tank. Figure out how long you can truly focus and apply yourself to a task before you need a break. That amount of time is typically shorter for neurodiverse individuals. If you can only truly focus for 20 minutes, study for 20 minutes, take a break, and then come back for another 20 minutes.

You may have started law school with your mind full of horror stories. Throw them out the window. Most of the people you attend law school with are genuinely kind and helpful people. Try to find a group or a couple of people that you can trust and lean on when necessary. Your law school friends can help you stay on task, body double, and even provide notes on the days you may be struggling. These friends can be one of your greatest assets throughout your law school journey.

Only discuss your neurodivergence with your professors to the extent that you are comfortable. If there are things you are concerned about related to your neurodivergence, it can be beneficial to make your professors aware at the beginning of the semester. Whether you are worried about cold calling or need a topic broken down, most professors love opportunities to discuss their area of law! They can’t know that you may need help if you don’t let them know. This is especially important if you aren’t successful in getting accommodations from your school’s Disability Services.

As a neurodivergent student, you may not fit the traditional mold of all the things a law student is “supposed to do” in order to be successful. You have been in school for years, and now is the time to trust yourself and not be afraid to be an “outside of the box” law student. There is no harm in trying new study methods, but never fear going back to your personal basics. If you need help figuring those out, see if your law school has a learning center or faculty member that can assist you.

Outlining with jury instructions.

• On your Westlaw Precision home screen, click on Secondary Sources and then Jury Instructions .
• On the Jury Instructions page, use the Jurisdiction filter to select your desired jurisdiction.
• Search for your cause of action. (Ex. elements of libel in Federal Jury Practice & Instructions )
• Open your relevant jury instruction and don't forget to check the related notes.
• To see more instructions, check out the table of contents to your left or click on View Full TOC.

Citation in a Click

• Highlight the text you want to copy. Try it out with Miranda v. Arizona
• Select "Copy with Reference" from the pop-up box.
• Paste into your word document...and you're done!

Black's Law Dictionary

Don't guess the meaning of a legal term. know it., by using black’s law dictionary, exclusively on westlaw , you’ll know the meanings of key terms that will help you understand your cases faster, be prepared for cold-calls and beef up your class notes. 1. access black's law dictionary on westlaw., 2. type your term into the dictionary term box. (ex. demurrer ) if your term contains multiple words, place the terms in quotes. (ex. "rule against perpetuities" ), 3. open up your desired term, copy it and paste it into your notes., looking for some inspiration here are a few legal terms to get you started contracts - collateral estoppel - consequential damages civil procedure - minimum contacts - in personam jurisdiction torts - negligence - invasion of privacy criminal law - mayhem - wobbler, where can i learn more about a firm so i can ask good questions in an interview, news is an excellent source for learning about a firm. you’ll see the clients and matters they represent along with the accolades they earned from their communities. 1. click on news under “specialty areas” on your westlaw edge home screen., 2. start by trying a plain language search for your firm. (ex. gibson dunn crutcher ), 3. to up your search game, consider running a terms & connectors search with an index field. (ex. gibson /2 dunn /s crutcher & in(law lawsuit legal) ), start writing your brief without starting from scratch, what is a brief, a brief is a summary of a case in your own words that includes the key facts, procedural history, issues addressed, along with the court's holdings. how can i find a case on westlaw, cases on westlaw contain a synopsis, a summary of the main facts, issues and holdings of a case, and headnotes, summaries of points of law organizes by topic. you can locate cases on westlaw in a variety of ways. find by citation: if you know your case's citation, just type one of the citations in the search box. (ex. 113 sct 2217 ), find by party name: if you know the names of your parties, just start typing them in the search box and select corresponding case from the drop-down menu. (ex. international shoe).

Note: If your case has common party names, you may need to enter more than one party.

Download your synopsis and headnotes: once you've pulled up your case, click on download under delivery options, select brief it under what to deliver and click on download..

The right search terms can make a difference. Here is an easy way to come up with smart search terms.

Rules, Codes & Restatements

Exporting tables of contents, exporting a table of contents is an easy way to get access to a list of rules, codes or restatements that you can reference on the fly and add to your outlines, as needed. locate your rules, codes or restatement: to export a toc (table of contents), you'll first want to locate your resource. restatement of torts restatement of contracts restatement of property federal rules of civil procedure ucc article 2 federal rules of evidence united states constitution, export your toc: click on download, select outline of current view under what to deliver and then click on download..

Strengthen Your Interview Discussions with News

• Search for a particular firm, attorney, or agency. (Ex. Kirkland and Ellis or Fourth Circuit )
• Or select a specific practice area (Ex. Mergers & Acquisitions )

American Law Reports

Your go-to secondary source, finding an a.l.r. (american law reports) article covering your topic is a great starting point for research. you'll get a quick summary of the legal issue you're researching and a table of cases, laws, and rules to see the law across all jurisdictions. you can also use annotations to find additional secondary sources, such as legal encyclopedias, treatises, and periodicals. no wonder they're nicknamed already done legal research see it in action: the legal discussion to compensate student athletes is heating up. check out this alr article to see how the legal picture for tomorrow’s student athletes comes together in one place., keycite graphical history, procedural history made easy, are you reading a case and not sure how you got there procedurally reversed, remanded or otherwise, we got you. just sign into westlaw and follow the steps below... 1. grab one of the citations you see in your case book and type it into the search box on westlaw . (ex. 480 u.s. 102), 2. click on your case in the drop-down menu., 3. click on the history tab to see your procedural history., keycite graphical history works best when you have a federal case and a complex issue. check out some additional examples from your classes below. contracts - koken v. black & veatch const., inc. - lamps plus, inc. v. varela civil procedure - national equipment rental v. szukhent - helicopteros nacionales de colombia, s.a. v. hall torts - palsgraf v. long island r. co. - kentucky fried chicken of cal., inc. v. superior court, law school resource center, flowcharts, overviews & more..

Scheduled Maintenance

Step 1 - create a new class, step 3 - invite your students, step 2 - assign lessons.

About this event

Love Your Lawyer Day

All the rules you need for class in one place.

Understand the procedural history of your case..

Don't guess the meaning of a term. Know it.

Copy the Code Below

You'll use this code to make a copy of the sample course.

Click on Copy Another Class

Go to the Knowledge Center and click on the Copy Another Class button.

Enter Your Copy Code

Enter your copy code in the Enter Class Copy Code box and click the Validate button.

4. Set Your Options

Change your course title, set your course dates and set your copy option to Assignments Only.

5. Click Copy Course

Click on Copy Course and you're all set to share your course with students.

1. Copy the Code Below

2. click on copy another class, 3. enter your copy code, set your options, click copy course, determining whether a federal court has subject matter jurisdiction over a non-class action case..

If the case arises out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and the federal courts have exclusive jurisdiction, then the case must be litigated in federal court.

If the case does not arise out of the U.S. Constitution, U.S. laws, rules or regulations, or a treaty signed by the U.S., and there is not complete diversity between the plaintiffs and defendants (a.k.a they are both from different states or one is a citizen of a foreign country), then the case must be litigated in state court.

Restatement of Contracts 2d

Counter-offers.

(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.

(2) An offeree’s power of acceptance is terminated by his making of a counter-offer, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

Negligence Defined

Restatement (second) of torts 282.

In the Restatement of this Subject, negligence is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others.

Black’s Law Dictionary (10th ed.2014)

Demurrer: A means of objecting to the sufficiency in law of a pleading by admitting the actual allegations made by disputing that they frame an adequate claim. Demurrer is commonly known as a motion to dismiss.

(2) An offeree’s power of acceptance is terminated by his making a counter-off, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.

testing footnote

What is common law and is it written by the courts of law?

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Negligence defined

Restatement (second) of torts § 282.

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Writing Papers in Law School

Writing assignments are useful tools for challenging students to put complex thoughts into understandable language. The amount of writing required in law school can vary across courses, years, and schools. Students also sometimes have different reactions to their writing experiences. Here, we estimate how many pages students wrote during the 2019-2020 school year and show how the number of pages written is related to perceived gains in writing abilities.

Law students report on their writing assignments with three LSSSE questions:

Universal Background Checks: This would require a background check for all individuals seeking to purchase firearms, regardless of the source of the firearm. This would help to keep guns out of the hands of individuals argumentative essay on gun control with a criminal history or history of mental illness.

Shorter papers (fewer than five pages in length) are quite common law school. Only 16% of respondents did not write any short papers. Most students (59%) wrote between one and six short papers, although 15% of students wrote ten or more.

Medium-length papers (5-19 pages) are another staple of law school. Slightly more than half of law students (52%) wrote one to three papers of this length during the previous school year, and another quarter (27%) wrote four to six papers of this length. Only 10% of students did not write a medium-length paper in the previous year.

Long papers (20+ pages) are somewhat less common. About 31% of students did not write any long papers during the previous school year, although more than half of students (58%) wrote between one and three long papers.

We can also use information from these three writing questions to create a very rough estimate of the total number of pages each student wrote for class assignments over the past year. Law students tended to write between 26 and 100 pages total. This range accounts for about 60% of law students. Over a quarter (27%) of law students fell specifically into the 51-75 page range. But nearly one in five law students (19%) wrote over 125 pages in the previous school year.

Part of the purpose of writing assignments is to assess how students are assimilating and analyzing information. Another purpose is to enhance students’ writing abilities. In a separate section of the survey, LSSSE asks about the degree to which law school has contributed to the development of the student’s writing ability. Interestingly, when we correlate students’ responses to this question with the number of pages of writing they did over the course of the year, we see a gradual increase that plateaus at around 76-100 pages. That is, in general, students who write more pages of text believe that law school has helped them become better writers but only to a certain point. Beyond about a hundred pages of writing (combined across all their classes), students are not more likely to say that their experience at law school has contributed to their ability to write clearly and effectively.

Law school provides consistent opportunities for students to hone their writing and reasoning skills. Most law students write a handful of short- and medium-length papers each year. Students generally feel that law school contributes to their ability to write clearly and effectively, including those students who only wrote 25 or fewer pages in the previous year. However, students who wrote more (up to around 100 pages) tend to respond more favorably to the writing skill development question than students who wrote less.

Legal Writing Class Teaches More than Memos

It’s a short course with lofty goals. 

That’s in the syllabus description for Introduction to Legal Analysis and Writing, an intensive course to help first-year students develop the essential skills of lawyering — all in their first seven weeks of law school. Known as ILAW, the course is primarily an introduction to legal writing. But ILAW takes a broader approach. Not only does the class teach students how to write one of the most widely used legal documents, it gives them a comprehensive range of lawyering tools. 

From the first class, ILAW places students in the role of a lawyer, Director of Legal Research and Writing and Senior Research Scholar Cecilia A. Silver explained. Students identify legal issues, investigate facts, find relevant law, make strategic choices, and present analyses and conclusions.

“Essentially, we’re giving students the tools to approach — and solve — novel legal problems,” Silver said.

Training in legal writing for 1L students has always been a part of a Yale Law School education. Many alumni will remember first learning legal writing in their small group — the signature feature of the Yale Law School first year, when groups of 16 or so students take all their classes together — from teaching assistants known as Coker Fellows. The small group experience still includes instruction in legal writing, particularly briefs, and in legal research. 

In recent years, the Law School has expanded its introduction to legal writing by creating ILAW as a separate class that meets weekly for the first half of the fall term. The shift acknowledges that not all students come to law school with the same writing experience. By having all new J.D. students take the course at the start of law school, students begin their legal education on equal footing. In doing so, the course reflects two tenets of Dean Heather K. Gerken’s leadership of the Law School: an emphasis on teaching skills as well as ideas, and a commitment to leveling the playing field.

“Part of what ILAW does is give all students a baseline introduction to legal writing, regardless of their previous writing instruction or exposure to lawyering,” Gerken said. “We meet our students where they are and get them where they are going. By giving students a solid foundation in the first weeks of law school, we prepare them for the wonderful careers they are embarking on.”

ILAW typically has about a dozen instructors each fall who represent a variety of legal careers. These practitioners include lawyers from area law firms, attorneys working for the government, practitioners serving the public interest, members of Yale’s Office of the General Counsel, and others who use legal writing in their day-to-day work.

The major assignment during ILAW is a closed-universe memo, or one based only on the research materials provided. A lawyer typically writes a memo to present an analysis to a supervising attorney, who uses that information to decide whether to assert a particular legal claim or defense, pursue a given case strategy, or advise a client to take a certain action.

Most law schools choose memos to introduce legal writing for good reason, Silver said. For one, memos teach organization and require students to keep in mind their audience — generally, other lawyers. 

“Not unlike learning a foreign language, you don’t just need to build a new vocabulary,” Silver said. “You need to learn new organizational structures and new cultural expectations.”

That was the experience of Jonathan B. Epps ’24, who had a typical undergraduate background writing academic papers. But when it came to writing a legal memo “there was nothing I could really compare it to from writing or anything I had done in the past,” he said.

Like many students, Epps found the highly structured format of legal memos challenging. He also discovered that it took some time to learn how to cite documents according to The Bluebook . The style guide for U.S. lawyers has more than 500 pages of rules that students often find difficult to learn.

“A sentence had to go in a specific spot, or it’d be wrong,” Epps recalled of his first attempts to organize a memo. As for Bluebook citations, “I had to stay attached to the manual, and even that was confusing sometimes.” But Epps said the class made what could have been a stressful learning process manageable.

Though ILAW lasts only seven weeks, in that time “many of our superbly talented 1Ls do master the basics,” said Robert Harrison ’74, a Lecturer in Legal Method. Harrison said the instruction in legal writing and research that Yale Law School students receive in their first year is a foundation for what comes next.

“And for the 1Ls who may feel that they need more than a one-semester introduction to legal research and writing, we offer a wide variety of more advanced courses,” added Harrison, who has taught advanced legal writing for more than 30 years.

Silver also noted that students can practice what they learned in ILAW in simulation-based classes like civil pretrial litigation, trial practice, or advanced written advocacy.  In addition, a substantial percentage of students hone their writing skills in the clinics, which often include opportunities to help write complaints, motions and other documents for actual lawsuits. Many students also receive additional writing practice in seminars and through independent work with faculty. The Law School’s instructors for advanced research and legal writing include practitioners, faculty, and Law Library staff.

“Lawyers send around 10,000 emails per year. That reality means that there are heaps of opportunities to stumble or thrive based on how well an attorney writes.” — Lecturer in the Practice of Law and Legal Writing Noah Messing ’00

To train students in memo writing, Silver designs the ILAW class assignment to mimic practice conditions. This year’s closed memo topic centers on a criminal law issue: specifically, whether a police officer’s questioning violated a client’s Fifth Amendment right against self-incrimination.

“I like using criminal law problems because the students are typically familiar with the concepts from books, TV, and movies, and the cases often feature interesting facts,” Silver said. “Pedagogically, the goal is to have the students analyze and rely on the law — rather than their intuition — in formulating their conclusion.”

There is another reason the memo focuses on criminal law. All students encounter this practice area in their first year, so no student will have an advantage, Silver explained. All sections of the class have the same syllabus and assignment topic for the same reason.

Over the span of half a semester, students outline, draft, and revise their memos. Each week, the class reviews, discusses, and dissects both strong and less successful examples of legal writing — structurally, logically, stylistically. Then the class identifies ways for the author to improve based on the tenets of good legal writing the class discussed that week. 

When she took ILAW as a 1L, Nargis Aslami ’24 found it helpful when Silver provided portions of a memo, and the class identified ways that content could be refined, restructured, or made more concise.  

“One of the things I found most helpful was Professor Silver’s mantra of ‘human first, lawyer second.’ Aslami said. “She quickly dispelled this sort of trope around legal writing being riddled with complex legal jargon by showing how we can still persuasively express our messages by using simple and concise language.” 

The class’s “secret sauce,” according to Silver, is the detailed feedback that students receive. Along with their main assignments, students submit a written self-reflection to describe their approach. Instructors then respond in writing. For some assignments, instructors have individual conferences with students.

“We go line by line, word by word,” Silver said. “This process of examining examples, regularly practicing, receiving constructive criticism, and assimilating the instructors’ comments sets the students on a path to becoming great writers.”

There’s a practical reason for students to master memo writing early in their law school careers, Silver said. Memos are a staple of summer jobs. 

Cameron Averill ’24 found that to be true working in the Massachusetts Attorney General’s Office last summer. He consulted his ILAW notes frequently while writing memos, “and my feedback from the office was nothing but positive,” he said.

Averill knows that legal writing will be essential to the career that most interests him, litigation. But even now, he finds memos useful for putting his thoughts about a particular doctrine in order.

“Elena Kagan has said that the key to clear legal writing is to really know the law,” Averill said. “I think the reverse is also true — sometimes to really know the law, you need to write it out.”

ILAW is meant to give students a solid background in memo writing, but the class also aims to produce lawyers who communicate well outside of legal documents. Today’s lawyers convey information in the workplace through a variety of means every day, Silver pointed out. They send emails, give PowerPoint presentations, and use messaging platforms like Slack and Teams. Though the class doesn’t specifically cover those formats, Silver said students who can write a solid memo will also be able to distill complex ideas into other concise forms.

“Reducing complicated topics to digestible, simple points under time pressure is the essence of being a good lawyer,” Silver said. 

Lecturer in the Practice of Law and Legal Writing Noah Messing ’00, who has taught advanced legal writing at the Law School for more than a decade and also teaches a section of ILAW, agreed that the ability to write has always been essential for lawyers. One of his advanced courses trains students to advocate for their clients in writing. In an increasingly competitive profession, he said, even everyday communications are important.

“Lawyers send around 10,000 emails per year,” Messing said. “That reality means that there are heaps of opportunities to stumble or thrive based on how well an attorney writes.”

Even beyond learning to communicate like a lawyer, Silver said ILAW aims to help students form good professional habits. Seven weeks is a short time to cover, for example, cultural competence in the workplace or how to maintain good mental and physical health as a lawyer — both of which appear on the syllabus. But by introducing these topics early, Silver hopes ILAW can set students on the right path.

“My hope is that this exposure will help the 1Ls feel confident and prepared to succeed in their first-term classes, second semester, first legal summer internship, and beyond,” she said. 

In the Press

Supreme court immunity ruling raises questions about military orders, joint contribution to global security governance urged at peace forum, learned hand’s spirit of liberty — a commentary by lincoln caplan, a dismissed abortion case points to internal tensions and dysfunction at the supreme court — a commentary by linda greenhouse ’78 msl, related news.

Report Addresses Key Issues in Legal Battles over Gender-Affirming Health Care

Jason Parkin to Join Law School Faculty

Ephemeral Streams Likely to Have Significant Effect on U.S. Water Quality

Daily class assignments are found in the All of the class outlines for this year may be found by the day on which they were posted under . After we have the class I will substitute the class outline that we used this year. The tab contains a number of essay questions from previous years, usually accompanied by a fairly elaborate memo that outlines what I was looking for and what I got. Over the course of the semester you will have the opportunity to submit written answers to a set of problems about disability provisions in adverse possession statutes and/or a sample exam question. I will post the set of problems about disability provisions and a preliminary version of the sample exam question by Fri., 20 Sep. You should be ready to take a crack at one of the issues in the sample exam question when we reach the end of the section on adverse possession. It is posted below. When we talked about adverse possession, we looked at a sample exam question that involved that issue. I have now posted the entire sample exam. It raises some issues that we will not cover until November, but there’s plenty to think (and write) about now. The issues about which you should wait are those that concern the document that Andrew and his neighbors signed in 1980 and those raised by the statute about burial grounds. (There is an issue in it about public control of land use, but that issue is mostly a ‘red herring’. Anybody who is taking a course in Legislation and Regulation should be able to handle it.) Next to the question there is also a link to a memo about the question. You should not look at the memo if you want to test yourself. You should note that I have made some changes, particularly in the dates, that make the problem a bit different from the one that I distributed earlier in the semester when we were focusing exclusively on adverse possession. If you get me an answer before Thanksgiving ( ), I promise you that I will return it to you with a grade, maybe some comments, by the time that you get back from Thanksgiving. Most of you took the sample exam, and I was able to send all of them back to you with comments. I can’t promise the same thing any more, but if you want to take a crack at it and send it to me ( ), I’ll try to put a grade on it and send it back to you. I also have posted below a memo that describes what I was looking for the in the sample exam. You can use it for self-testing. The assignment about disability provisions should be relatively easy for people who are taking a course in Legislation and Regulation. It has ten questions, which involve comparing two statutes about disabilities in conjunction with adverse possession. It requires a paragraph for each question (perhaps two on the first one). The ‘answers’ to the questions, in terms of the bottom line, are given in the question. The trick is to justify the answer (or to come up with another one). The exam question is more complicated. You’re not ready to do all of it right now, but what you are ready to do right now are the parts that deal with Andrew Stark’s will and adverse possession. The question is does Ebenezer have any argument that he is the owner Stark Farm now that Clarissa is dead, that her intestate heir is not Ebenezer but David, but that Ebenezer has been living there for some time, and still is living there. If it turns out that there is more than one way to make this argument (and there is), the question then becomes what is the best argument that we, Ebenezer’s lawyers, can make. I’m a great believer in starting to write early. Students have a tendency not to do so until the end of the semester. I would urge you to take a crack at one or the other of the problems now. Send me your draft ( ). I’ll take a look at it, try to make some comments, and post the result anonymously on the website. Below you find a link to the entire sample exam question. You should be ready to do it after the class on Wednesday, 9 November. (There is an issue in it about public control of land use, but that issue is mostly a ‘red herring’. Anybody who has taken a course in Legislation and Regulation should be able to handle it.) My deal on the sample exam question is this: If you get me a draft answer to the question by 4:30 on Wednesday, 25 November (send it to me by ), I promise to get it back to you with a grade on it within a week. (I usually am able to provide brief comments as well, but that’s not a promise.) If you get it to me after 25 November, I’ll do my best, but I can’t promise. The sample objective questions (linked below) are self-testing. The answers (with a bit of an explanation) are given at the back. During reading and exam period, I will take email questions about the course. Send me a question ( ) about something that is bothering you. I'll try to answer it in a short period of time. I will then post the question and the answer anonymously here, under the broad topics listed below, with the number of questions in parentheses. You might want to check the existing questions. They are all quite good and may help your thinking. We now have a large number of questions from the last three times that I gave the course, ‘Future Interests (basics)’ contains what is virtually a tutorial on the classes on that topic.

---> --> -->

Student Answers to the Preliminary Sample Exam Question with CD Comments

(25)	(20)	(2)	(15)	(57)
(23)	(20)	(5)	(6)	(38)
(13)	(1)	(5)	(2)

There is a set of objective questions that deal solely with estates and future at common law. A student in this class (in 2017) answered them according to ‘modern’ law, as we have defined it ( Word Doc ; PDF ). If you want to try your hand at the questions before looking at the answers, click here .

[ Home Page ] [ Syllabus ] [ Announcements ] [ Lectures and Supplements ] [ Assignments and Discussion ] [ Previous Exams ]

Please send comments to Rosemary Spang URL: http://www.law.harvard.edu/faculty/cdonahue/courses/prop/assign/index_assign.html last modified: 12/06/19 © 2000–2019 Charles Donahue, Jr.

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Staying on Track in Law School

If you struggle with the daily grind of law school work, read on! You’ll find suggestions for how to stay accountable and set useful goals , along with ideas on tackling procrastination and using your time wisely .

Best of luck!

Staying Accountable in Law School

• Are You a 1L Who Is Feeling Lost? Many students in their first year of law school feel lost. Sound like you? If so, what should you do? Here is our advice!
• Sometimes We All Need a Little Accountability At this point in the law school semester, there is more work than time. You can find yourself making lists of things to do or setting goals and it still feels as though you aren’t getting anything done. How do you remedy this? Well, sometimes we all need a little accountability in our lives.
• Turn In All Your Work (A Simple Way to Get Better Grades) Some law school classes base grades solely on one exam, but as law schools change up the model more and more law school classes are requiring you to turn in work for a grade. It may seem simple, but you absolutely never, ever want to miss one of these assignments or neglect to turn in work.

Setting and Tracking Goals

• A New Time Management Technique I’m Trying If you have trouble with focus (and who doesn’t?), check out this new time management technique which might make things easier for you. It’s simple, but not easy. Give it a whirl.
• It Is Important to Be Realistic About Assignments Assignment management can be challenging especially when you are taking classes where you are working on papers or projects. Here are some lessons we learned during our time in law school.
• What Are Your First Semester Law School Goals? Setting goals for law school can help you stay focused, make smart decisions on how to use your time, and also give you a benchmark for progress. Here are some suggested goals to get you started.
• How to Organize Your To Do List in Law School Being in law school can make otherwise well-intentioned checklists seem overwhelming and unmanageable. Oftentimes, your  schedule will include various parts and sub-parts, and span weeks, or even months, with multiple long- and short-term projects, goals and deadlines throughout. So, how do you keep everything in order? In this post, you will see some of our favorite online tools and apps to help keep you organized this semester.
• How To Stick To Your Goals in Law School Do you need help staying on track and sticking to your goals? Use these tips to stay on track.
• Best Apps for Goal Setting Try these apps to set (and exceed) your goals!

Procrastination and Focus

• How to Tackle Procrastination & Get the Law School Grades You Want So many students struggle with procrastination. Really, who doesn't? What can you do to combat procrastination in law school?
• Are You in Law School Crisis Mode? Here’s How to Get Out In your second semester of law school and perhaps didn’t do as well as you had hoped in your first semester? In crisis mode because nothing has changed? All is not lost.   With some very disciplined and dedicated work you can actually save this semester and get ready for finals.
• How the Internet Can Kill My Productivity Finding yourself unable to focus? Don't know what it is? Try turning off your internet.
• How to Get Stuff Done in Law School Do you procrastinate? Who doesn't! There are many ways and reasons for people to procrastinate, but there are also many solutions. In this post we outline steps you can take to start getting things done in law school.
• One "Think" at a Time: Why Multitasking Doesn't Work Ask students how many consider themselves expert “multitaskers” and a lot of hands will go up. But is this really the best solution to get everything done?
• Struggling with Procrastination? Try this 10 Minute Technique Despite the stereotype of the type-A, high strung law student, many law students struggle with time management and procrastination. You may find yourself procrastinating for a variety of reasons: boredom or disinterest in the subject matter, an aversion to the type of work, a fear of failure, a sense of being overwhelmed by the difficulty of the task, or simply an unrealistic understanding of your own skill level and the amount of time an assignment requires. But regardless of your reasons for procrastinating, you have to find a way to overcome it.
• Pacing Yourself Through Finals, Part 1: Sustaining Your Focus During Finals Week It can be difficult to maintain an intense focus and high level of work effort over an extended period of time, and, if you don’t pace yourself appropriately, you may start to feel fatigued, unmotivated, and burnt out. Keep these suggestions in mind to help you sustain your motivation and perform your best throughout finals week.
• Five Techniques for Using Deep Work to Excel in Law School Deep Work is the ability to focus exclusively for a long period of time on one particular intellectual task without distractions. Here are five techniques that will help you implement deep work in your law school life.
• Ahead of the Curve: Tips for Beating Procrastination Given all the work in law school, many law students struggle with time management and procrastination. Here are some effective tips for beating procrastination.

Using Your Time Wisely

• The Three Most Important Things You Can Do as Law School Exams Approach Law school exam time’s fast approaching! What are the three most important things you can do? Simplify, simplify, simplify
• Need More Time? Study Smart Before Your Law School Class Being better prepared for classes is the first step to getting better grades. Here are three ways to study smart before class (and three habits to drop).
• What’s Your Excuse? Start Taking Practice Exams Everyone knows they need to do it, but no one wants to. Let’s take the most common excuses one-by-one and convince you that the time is now to work on practice exams.
• What You Should and Shouldn’t Do During Reading Week Welcome to reading week! Once classes end, an ominous “this is it” sort of ambiance can start to creep into most law schools. You don’t have any more “homework,” and yet, things might seem scarier than ever. Here are some important “do’s” and “don’ts” you should be thinking about to make sure you’re going into exams as ready and able as possible, and not wasting time unnecessarily.
• 5 Ways to Make Your Winter Break Productive Tips on how to use your winter break productively. Use it as a chance to rest up and get caught up on things you were behind on.
• Ditch Your Highlighters: Science-Based Study Techniques We all have our own techniques that we like to use when studying. Some students like to read, read, and read again, some prefer making flashcards, and others prefer methods such as outlining or writing summaries. Some students like to space out their studying over several days or even weeks before an exam, while others wait until the night before and cram for hours. Every student is different and you should stick with whichever method works best for you, but if you’re looking to make the absolute most of your study time, there are certain methods that are scientifically proven to be more effective than others.
• Triage Tips for Final Exams Every law student starts the semester with the best of intentions. They’ll attend every class, always complete their reading, outline, and review throughout the semester, and work through practice problems before finals week. Those are great goals, and you should certainly aspire to that type of consistent and methodical studying throughout the semester. But with the end of the semester approaching, some students will start realizing that their reality doesn’t match the plans they made at the beginning of the term.
• The Battle of Commuting to Law School Unlike in undergraduate, most law students do not live on campus. While you have the freedom to live off campus in any location, the battle of commuting is a struggle. Unfortunately, your commute is something you cannot avoid if you want to get to class. However, it does provide the benefit of preparing you for commuting to work daily when you are a practicing attorney.
• 4 Steps to Managing Your Time Effectively For many of us, the busy nature of our daily lives requires close and careful budgeting of our time if we want to get tasks done, meet deadlines, and still have any time for ourselves. Many of us struggle to manage our time efficiently and get everything done. Here are my 4 steps to effective time management.
• Ahead of the Curve: Time Management -- The Value of Valuable Work Throughout the Semester Preparing for class alone is not enough. You need to incorporate key tasks after each lesson, chapter, and (ultimately) semester in order to survive and ultimately thrive in law school! Here are some ways to improve your performance throughout your entire law school career.
• How to Decide About Law School Extracurriculars With a little bit of self-reflection and planning, choosing extracurriculars out of your many options can be less of a challenge, and your commitments will be wonderful additions to your law school experience. Here are some of our suggestions to help with your decision.

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