<p>Law School Success
Not to be cynical, but to help students prepare... what you need to do to be successful in law school. First year courses are some combination of Property, Contracts, Civil Procedure, Criminal Law, Criminal Procedure, Torts, and Constitutional Law. </p>
<p>Of those, Contracts, Civ Pro, and Crim Pro are "code" courses, in that they mainly focus on statutes and statutory interpretation. Foreign language and OCD grammar nazism are good things for those. It helps if you can read a very dense, dry code and see where the ambiguities are; case law will expand on the Codes. </p>
<p>Code exams are hard to classify. I had one that was 60 multiple choice questions (and the answers were like A-G, all with slightly different explanations). The explanations were all cited to the Code or to cases. I had a take-home essay that asked questions about how you do certain things - pretend you are a lawyer for this corporation that is trying to do this, so what requirements does it have to satisfy? I've also seen exams that are not the traditional two or three issue-spotters, but are almost a dozen smaller essays. I've seen a combination of multiple choice and something like two dozen short answers, and then two long essays. (That test was rough.) Mostly, though, answers are short and to the point - you look up the Code section, and, if there is an ambiguity or a clarification, you remember which way the case came out. </p>
<p>For the other courses, welcome to such questions as "What is a chicken?" Now, the law is a phenomenal, wonderful thing in terms of its intellecutal development. However, if you want to do well in law school, there's a basic formula that you need to know - the "black letter" law. Black-letter law is just the "law" that results from all of those cases and philosophical ideas. The end result of a discussion about whether someone can be liable in a tort action if the plaintiff did not prove the mechanism by which the tort occurred is that, in some cases (such as things falling out of windows or parts falling off cars), the plaintiff need not prove the mechanism in order to recover. Or, the end result of the "what is a chicken" question is that ambiguities are construed against the drafter and extrinsic evidence can be brought in to satisfy a latent ambiguity. The example most familiar to everyone is that of a fence; if you build a fence on your neighbour's property, you will eventually own part of his land, up to the fence. On an exam, you don't need to know the theory behind adverse possession; you only need to recognize that issue and know that the relevant time period is either 10 years or 20 years, depending on the statute of limitations in the jurisdiction in question.</p>
<p>For exams, it doesn't matter how well you know the rationale behind the law; you just need to know the end result - the upshot - of all of those cases. A few professors may test theory, and you can certainly use theory to bolster your argument (law school exams will involve some long, twisted hypothetical problem that you have to resolve one way or the other, and it is deliberately constructed to be arguable either way). One important skill is the abilty to spot issues - when you see two pages of writing that includes six characters and twenty different actions, which ones are relevant to the class? Which ones are relevant to getting into court? Which action correlates to something you learned in class? Philosophy doesn't help you with that! Then again, not much does. :)</p>
<p>Yes, you'll enjoy law school if you really enjoy the philosophical underpinnings of the law. Mostly, though, you have to figure out the trend in cases and predict how a situation will be decided, given that trend. If a plaintiff is denied recovery in Situation A, but another plaintiff is allowed to recover in Situation B, and you are given Situation C, you have to argue whether C is closer to B or to A. (Often, it's a jury question, and that needs to be noted on your exam. You just say, "This party argues x, this party argues y, and the jury decides, because it's not a question of law.")</p>
<p>"Why x but not y" is a very common question in law school. You just aren't tested on it very frequently. :) All you need to know, for exams, is that x is but y is not. </p>
<p>To that end, you need to figure out how to organize something in the realm of 200 cases per class and 1000 pages of reading so that you it makes sense. That is where the inductive reasoning comes in. Outlining is a huge thing in law school, because it breaks that all down into smaller, manageable chunks so that you can learn where everything is going. You want to put all of the trees together to make a forest. Just be used to crunching information and take courses that require you, at the end of the semester, to have built on everything you've learned to date. History courses, unfortunately, tend to let you forget things right after the exam. Foreign language is the best analogy I can give for non-engineers. Also, once you're done with a class in law school, you're not really done. Property played a huge role in patent law and in bankruptcy law. Admin law and con law are closely intertwined. Family law requires con law and conflict of laws. </p>
<p>Some courses are just too huge for one semester. Criminal law is generally split into basic crim law (what is robbery, burglary, rape, assault, battery, negligent homicide, reckless homicide, second degree murder, attempt crimes, conspiracy); criminal procedure (often, the federal rules, but states have their own rules - this is things like how long you can detain someone before they have to see a magistrate for an independent probable cause determination; bail; what constitutes a felony v. a misdemeanor; double jeopardy) and constitutional criminal procedure (4th, 5th, and 6th amendments). Have fun digging through your memory bank as to what you learned a year or two ago! :)</p>
<p>If you take an upper-level seminar course, especially on a very "hot" topic, such as abortion or anything in con law, philosophy will become a bit more important and make the experience significantly more enjoyable. </p>
<p>I do remember debating with someone about the merits of abortion - consider analogies to end-of-life (brain death being the standard for ending care in a hospital and signing a death certificate - what about a fetus before it has a brain? does the potential to develop a brain matter? does that potential override the woman's interest in bodily integrity? can you consider life at conception? under what definition? the twinning process - a clear creation of two distinct embryos - happens after implantation - so can you ban Plan B on the grounds of it ending a life, when it is clearly not clear whether there is one or two individuals present?). Anyway, someone who was watching us debate (yes, how we spent our spare time... law school makes people boring) said something to the effect of, "I can see why philosophy majors do so well in law school." Yes, philosophy will help... but, again, my opinion, I don't think that the major really helps. If you hate thinking like that, law school will be three years of hell. If you like thinking that way, you'll catch on quickly enough and have a grand old time in seminars and out-of-class discussion.</p>