Tag Archives: academic success

September 14, 2014 · 9:00 am

Should Law Students Join Study Groups?

Image courtesy of Ambro/FreeDigitalPhotos.net
Image courtesy of Ambro/FreeDigitalPhotos.net

First-year law students always ask me if they should join a study group, and the answer that I always give them is “It depends.” What works best for one student may not work as well for another. For example, your preferred learning style may influence your decision to join a study group. Some students may find study groups particularly beneficial if the study group talks through legal issues or acts them out, while a study group that creates diagrams or outlines on a whiteboard may be more appealing to others. How members of a study group approach their group studies may also affect how productive it is.

Here are some tips for making a study group a successful part of your learning strategy in law school:

(1) Accountability: The best study groups create a system of accountability for participants. Have members of the group create a set of ground rules at the first meeting. For example, what happens if someone is not prepared for the meeting? How will the group handle disagreements? Each member of the group will know what is expected, and there will be a predetermined way to handle any disagreements.

(2) Make a Plan: Also related to accountability, it is important for the study group to have a plan. If the group does not set goals for what it wants to accomplish and has no plan for each meeting, group meetings are likely to be less productive—in fact, a group meeting without a plan is often a complete waste of time. There’s nothing more frustrating than showing up for a group study session and having it turn into a social occasion instead, especially if time is at a premium (as it so often is in law school!).

(3) Optimum Size: Not every study group will be the same size, but it is important not to let a group get too large. A study group is not a workshop or seminar, but an opportunity for every member to actively participate and contribute. Some study groups only have two members; others may have as many as four or five. Much more than that and it will be difficult for everyone to benefit from the group. You will start having private conversations taking place on the periphery of the group, detracting from the study group’s larger purpose.

(4) Diversity of Membership: Law students often are drawn to people like themselves, but it is good to have diversity in a study group. What do I mean by diversity? Consider studying with people who are different than you—when people come at their studies from different perspectives and experiences, it benefits everyone involved. Invite people of different races, ethnicities, religious backgrounds, or sexes to join the group. If you are from a rural area, study with someone from a city. Invite a law student with a disability to join your group. It can be good to have group members of different ages, with different work experiences. Even recruiting students with different learning preferences can be good—sometimes it helps to change up the way that you study periodically. If you study with a diverse group of students, their perspectives may help you to have a better understanding of legal issues than you would have had on your own.

(5) No Shortcuts!: Finally, a cautionary word about study groups. Students sometimes view study groups as a shortcut. They may try to divide up the work among members of the group in an attempt to reduce their individual study loads. For example, a group might decide that its members will take turns creating case briefs for class reading assignments or will each create part of an outline for one of their courses. This approach is a recipe for disaster. If you take this approach, you will not understand the course material at the level that you need to know it for success in class discussion, the final exam, or the bar exam. Resist any temptation to turn your study group into a shortcut, as you will regret it in the end.

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September 10, 2014 · 9:00 am

Making the Best Use of Study Aids

Study aids come in a variety of forms, such as treatises, hornbooks, commercial outlines, and study guides. Sometimes your professors will assign study aids as either required or suggested reading for a course. Often, the professor has selected this additional material because it supplements the reading from the casebook in some way. Many law students also purchase study aids on their own, without a professor’s recommendation, or they may check them out of the law school library.

So what is the value of a study aid? If used properly, study aids can enhance your understanding of what you are studying. The key is to do your assigned reading first, and then, after you have created your case brief, refer to any supplemental materials to clarify things that you didn’t understand. Or, if you are in the process of synthesizing course materials and creating an outline, you might use a study aid as a way of checking your understanding of the law. Some study aids contain practice multiple choice and essay questions that can be used as you are studying for your exams.

Where problems arise is when law students attempt to rely upon study aids as their primary way of learning new material. Keep in mind that you need to know what your professor expects you to know. Exams are based upon assigned course materials, and the study aids will have information that is presented differently or has not even been covered in your course. Learning is a process in law school—you gain more and more understanding of the law by going through various layers of studying and learning—reading cases, creating case briefs, taking notes in class, reviewing and updating your case briefs and notes, and synthesizing course materials by outlining or some equivalent process. If you skip multiple steps in the learning process, you will not know the law at the level that you need to know it for your law school exams or the bar exam. As with other areas of the law school experience, attempts to take shortcuts will backfire.

Another problem that law students have is that they are overwhelmed by the number of study aids out there and don’t know which one(s) to choose for each class. Costs add up and, for many law students, purchasing very many study aids is just not an option. Not all study aids will be equally valuable—they vary in format, and what works for one class may not work for another. Before buying any study aids, talk to your law professors and see what they recommend for your classes. If your law school library has study aids, look through them first to see what you find most helpful. Academic Support offices also often have study aids that you can look through or borrow.

The bottom line is that study aids can complement your other study efforts, but they can’t be a substitute for doing the hard work.

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September 7, 2014 · 9:00 am

Asking Good Questions in Law School

Image courtesy of David Castillo Dominici/FreeDigitalPhotos.net

Image courtesy of David Castillo Dominici/FreeDigitalPhotos.net

One skill that law students should develop is the ability to ask good questions. I’m talking about “big” questions here, not questions about small details of the cases that you’ve read. There are going to be many times in law school where you don’t understand something that you read or that was addressed in class. As a law student, you want to develop the ability to ask good questions.

Asking good questions is a way to give your professors the tools that they need to help you understand the law better. Let me give you an example of what I mean. Most law students start their Civil Procedure course by learning about personal jurisdiction. In the first few several weeks of the course, you will read multiple cases about personal jurisdiction, and your professor will use numerous hypotheticals to expand your understanding of that legal issue. It doesn’t help you or your professor if you raise your hand in class, or go to his office during office hours, and say, “I don’t understand personal jurisdiction. Can you explain it again?” It would take a really long time for your professor to reteach several weeks of material to you a second time, and it is probably just a part of the issue that you don’t understand, not the entire subject.

Your questions (and your professor’s answers) will be more helpful if you do some preliminary work first. Here are two important tips for developing good questions:

(1) If you don’t understand a particular legal issue that you are studying, trying to reason your way through it first. Reread your case brief and class notes, and even go back to the cases and read the relevant parts.

(2) Take the time to figure out what you do know, and then ask yourself, “What do I actually not know?” Maybe a particular legal test has four elements. You determine that you actually do understand elements 1, 3, and 4, and it is just element 2 that is giving you problems. By narrowing down what you don’t understand about the issue, you will be able to craft good questions.

If you take the time to do a little advance work and tailor narrow questions, you will give your professor the tools he or she needs to be able to help you.

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September 4, 2014 · 9:00 am

5 Tips for Maximizing Your Casebook Reading in Law School

Sometimes students get so focused on the case that they’re reading that they miss other information that could help them to understand the case and put it in context. With that in mind, here are 5 tips for maximizing your casebook reading in law school:

(1) Pay attention to the table of contents and chapter and section headings. If you look at where the case falls in the table of contents and use chapter and section headings as a guide, you’ll know more about the legal issue in the case, even before you start reading it.

(2) Read the introduction. Sometimes casebooks have introductions at the beginning of chapters or just prior to the case that provide more context for the case.

(3) Pay close attention to the notes that follow the case to gain more context for what you are reading. Professors often assign the notes at the end of the case as well. Don’t be tempted to treat these notes as less important than the case—the notes often offer additional insight into the case that you just read.

(4) Work through questions and hypotheticals before class. The notes after the case may also contain questions and hypotheticals—working through those questions and hypotheticals before you go into class may help you answer your professor’s questions if you’re called on in class. If you are an introvert or find the prospect of being called out in class stressful, you can use these note questions and hypotheticals to practice how you will approach your professor’s questions during class. Sometime just the process of practicing something in advance can help you feel more comfortable about how to handle being called on in class. If you are a kinesthetic learner, you may find the questions and hypotheticals particularly helpful as you study.

(5) Look for new cases in the notes that develop a more nuanced approach to the law that you’re studying. If you find new cases mentioned in the notes, think carefully about what those cases add to your understanding of the law. Ask yourself: How does this case relate to the case that came before it? Does it take a similar approach to the law? Does it further develop some element of the law that was introduced in the previous case? Or, does it illustrate a different approach to that law? Does it demonstrate the effect of different facts on how the law is applied? These types of questions not only help you to understand that particular note case but may also shed additional light on the larger case that you’ve just read.

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September 2, 2014 · 8:30 am

Choosing the Right Study Environment

Law students spend a lot of time studying. And by “a lot,” I mean a good portion of each day. Regardless of whether you are a first-year student, in your final year of study, or somewhere in between, the quantity and quality of your study time is directly related to your academic success. I have previously explained how creating a good study schedule is important in law school. Today, I want to talk about location—in other words, your study environment. Choosing the right study location for you can be a key element of maximizing the time that you spend studying. You can have the best intentions, but the wrong environment can derail your entire study plan. (As I’ve noted before, the right study environment is also important for those people studying for the bar exam!)

Here are some tips for choosing the right study environment:

Avoid distractions: What things distract you when you are studying? If you are constantly tempted to turn on the TV, then studying in your living room may not be for you. Do you visit with friends rather than get work done when you study at the law school library? You may need to study somewhere other than at the law school. Some students prefer the background noise of a coffee shop, while others find themselves listening to nearby conversations. Be realistic in your assessment of what distracts you—choose a study environment that avoids those distractions.

Consider study breaks: What do you like to do when you take breaks from studying? If you want to be able to take a short walk, then setting up your study station at the local coffee shop may not make sense—you won’t want to have to pack up your stuff every time you take a break. On the other hand, if your idea of a break is checking your email or playing computer games, then a more public location may not be an issue. Just make sure that your study location is conducive to taking study breaks.

Consider your space requirements: Some students prefer to study at a large desk or table, where they can spread out their class materials. Others prefer to sit on a comfortable couch, overstuffed chair, or even the floor. Think about what type of space makes you feel most comfortable when you are studying—you’re going to spend a lot of time there.

Assess, and reassess: Do you prefer routine, or do you need to change things up periodically? For some students, maintaining the same routine every day—studying at the same place at the same time—works best. Other students prefer a little variety in their study environment. You may also find that what works for you at one point in the semester may not be as effective as you get closer to final exams. Periodically reassess your study environment and make sure it still works best for you.

The perfect study environment is a personal thing—experiment and find out what works best for you!

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August 31, 2014 · 9:00 am

What are Dicta?

Law school has started back again, and one of the common questions that law students have been asking is how to identify dicta (singular form dictum) in the cases they are reading. Black’s Law Dictionary defines dictum as “[a] statement of opinion or belief considered authoritative because of the dignity of the person making it.” In a judicial opinion, dicta are the statements made by the court about the law that were not necessary for the court to decide the case.

As a new law student it can be difficult to identify dicta at first because so much seems new about everything you are reading. As you gain experience reading cases, it will become easier to separate out the court’s necessary statements regarding the law from those that are dicta. In the meantime, here are a few tips to get you started:

(1) Not every case will have dicta—but when it does, what you are looking for are the places where the court is describing something that is not necessary to decide the case.

(2) Look for places where the court talks about the history of a legal concept. That discussion may help put the law in context (and, in fact, you may find it valuable in your studies for that very reason!), but the history of a statute or common law rule isn’t necessary to decide the issues in a particular case.

(3) Look for places where the court’s discussion of the law and facts does not address the issues raised in the case. If it does not address the issues, that discussion is not necessary to decide the case and is likely dicta.

(4) Look for places where the court is discussing a hypothetical situation. Maybe the court talks about some facts that are not actually the facts of the case, and discusses what would happen if the law was applied to those hypothetical facts—this is a really good example of dicta. For example, in the first few weeks of most Torts classes, law students read the case of Vosburg v. Putney, 50 N.W. 403 (Wis. 1891). In this case, the court held that the defendant was liable for the tort of battery because he kicked (or maybe nudged) the plaintiff’s leg. The facts of the case show that the incident took place in the classroom, after the teacher had called the class to order. The court talks about what would have happened if the kick had taken place on the playground instead of in the classroom. Because the kick did not take place on the playground, this discussion was not necessary to the court’s decision and any legal statements about the hypothetical are dicta.

(5) I always look for dicta last—if you identify the issue(s), holding, and rationale behind the court’s holding first, you will be able to more efficiently identify things that were not necessary to the court’s resolution of the issue(s).

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August 27, 2014 · 9:00 am

Socratic Method Survival Guide

Today’s post is about how to survive—and even thrive—in a Socratic Method classroom. One of the most stressful parts of the first several weeks of law school is that many of your professors will use Socratic Method. If you’re an introvert, you may find that it’s even harder to make that feeling of dread go away. When a professor uses Socratic Method, the student is in the spotlight. You can’t always predict what the professor is going to ask you (or when you will be called on!), and, if you are a new law student, you are still trying to figure out what is expected of you and may feel a bit overwhelmed by everything that you have to learn.

Here are some keys to surviving (and growing from) the Socratic Method:

Prepare: In some ways this is the obvious one, but it’s really important and worth repeating. Preparation is the foundation to all success in law school. You have to consistently do the reading, brief the cases, and review your case briefs and class notes if you want to be successful at anything in law school, including the Socratic Method. It will be almost impossible to answer the professor’s question without putting in the hard work first.

Listen: Another key to tackling Socratic Method is active listening. It can be easy to tune out what is going on when your professor is focusing his or her attention on someone else. Often professors will transfer a line of questioning from one student to the next. If you are listening closely to the dialogue that preceded yours, you will often have a better context for the questions you will face.

It is also important to listen carefully to what your professor asks you, and how he or she responds to your answers. Sometimes we tune people out once we think we know where they are going with their questions—we start thinking about our answers instead. It’s important to make sure that you hear the professor’s full question though so that you can respond to exactly what has been asked. Especially as a new law student, you will most likely not predict where the professor is going with the questioning if you do not focus on what is being said.

Engage: Not only should you listen to the questions your professor is asking of other students, but you should actively engage with those questions. Ask yourself what your response would be to the questions that the professor is asking and compare your answers to the other students’ answers. Not only will engaging help you to understand the context of the questions if you are called on next, it is also a great way of practicing Socratic Method without being the student on the “hot seat.”

Anticipate: Part of what students find so stressful about Socratic Method is the fear of the unknown. Especially as a new law student, it often seems impossible to predict what your professor might ask you about what you’ve read. Although you may not know exactly what your professor will ask you, there are things that you can do to anticipate at least some of the possible questions. First, many professors will ask questions about specific parts of the cases you have read, and creating a good case brief for each case will help you to anticipate and answer those types of questions. Second, when you have read multiple cases that relate to the same legal issue, a professor might ask you questions about that relationship. If you think about those relationships before you come to class, you will be better prepared to answer those types of questions. Third, the notes after cases often set up additional hypotheticals—professors will often use those hypotheticals, or other similar hypotheticals, as an inspiration for Socratic Method questioning. Work through the hypotheticals from your assigned reading in advance, and you will be better able to anticipate possible questions in class.

Review: Not all questions come from the current day’s assigned reading—sometimes professors will ask you to consider how a case from today’s assignment relates to or compares to something that you read a week (or a month) before. As you read for each class, ask yourself if there are any aspects from that reading that relate to previous cases that you’ve read. If you identify anything, make a note of it in the margin of your case brief so that you are prepared if the professor asks this type of question. Even if the professor doesn’t ask, the time spent reviewing in this way will not be a waste—identifying these types of relationships will help you to organize course materials for your outlines and exams.

Simulate: Finally, for students who get really stressed about being called upon and having to speak in class, it can help to simulate the Socratic Method experience outside of class. This is where having a study partner can really come in handy. After you both have read for class and created your case briefs, you can take turns quizzing each other as if you were the professor. Sometimes the experience of having to give your answers aloud to someone else, even if it doesn’t involve the same pressure that you feel in the classroom, can help you get used to being put on the spot and speaking confidently about what you have studied.

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August 25, 2014 · 9:00 am

What to Include in Your Law School Notes

Yesterday, we explored some basic strategies to taking effective notes in law school. Sometimes law students have a hard time determining what they should include in their class notes. Today, I will focus specifically on what good notes include. Although what you should take notes of can differ depending on the subject and the professor, here are some good general strategies for taking notes in your law school classes.

First, pay attention to what the professor says in class. If a professor says that something is important, you want to make a note of that. If the professor states that there is a 3-part test for some legal concept, make sure that you write down what those 3 steps are. If the professor talks about overarching themes or compares two cases to each other, note that as well. In other words, your best guide for what you should be taking notes about, what is important from assigned readings, and what might be tested on the exam is your professor. This is one reason why taking good notes in law school is so important. Students who take few if any notes won’t have this important information later when they start synthesizing course materials and studying for exams. In contrast, students who create a transcript of what happens in class won’t be able to differentiate between important information and unimportant information.

Second, remember that in the long term what the professor says in class is much more important than what your fellow students say. Sometimes students struggle with how to take notes when the professor uses Socratic Method. When taking notes in this situation, focus your notes on what the professor has asked and what the hypotheticals are about. Keep in mind that student answers may not always be accurate and on-point. Depending on what is going on in class, the professor may not take the time to point out a student’s inaccurate statements and provide the correct answer. There is also another benefit to this approach—rather than transcribing the student’s response to the professor’s questions, you can be engaged in that discussion yourself. Follow along mentally with the discussion, answering the questions in your head and comparing your answers to the other student’s answers. Make note of things that you can’t answer on your own, so that you can go back and review that material later.

Third, make careful note of any hypotheticals. Professors use hypotheticals as a way of helping students learn the nuances of the law. Maybe you have read two cases that illustrate differences in how courts resolve a legal issue. The professor may use additional hypotheticals, involving the same legal issue but different facts, to help the class better understand how courts apply the law to resolve that particular legal issue. Law school exams are based around hypothetical situations, and the more practice you have with them, the more comfortable you will be in applying law from cases to new hypotheticals when it’s time to take your exams.

Finally, sometimes professors begin class by summarizing what was covered in previous class sessions, or they may spend a little time creating a context for the current day’s reading assignment. Professors also may summarize important points from class materials at the end of class. Make sure that you take notes from these summaries, as they provide additional insight into what your professor views as important.

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August 24, 2014 · 9:25 am

Taking Effective Notes in Law School

When most people think of taking notes, they think of sitting in a classroom and taking notes while the professor lectures. In undergrad, note-taking is often a pretty passive task—students write down what the professor is saying without really processing what is going on in class. Once class has ended, the note-taking process has ended. Some students don’t take notes in class at all, instead relying upon other course materials when they study for exams.

Your approach to taking notes in law school should be very different. The first thing that new law students need to understand is that effective note-taking is a cyclical process. Your case briefs are the foundation for your class notes—by creating case briefs, you are creating a set of notes that you can rely upon in class. Then, when you go into class, you should take additional notes about what happens during class. Many law students stop at this point, but there is still a third step to creating good notes. After class is over, you should spend a little time reviewing your notes from class, elaborating upon things you didn’t have enough time to jot down during class and correcting any errors in your notes. You should also use your class notes to clarify your case briefs. Complete this review of your class notes as soon as possible after class has ended because your memory of what happened in class will still be fresh.

Should you take notes by hand or on your computer? There’s an ongoing debate over whether law students should take notes by hand or on their computers. Some professors don’t allow computers in the classroom, and in those circumstances your decision is simple—you will take notes by hand. Most professors do allow computers in the classroom, however, and that means you will have to make the choice about what is right for you.

There are studies that have found that students who take notes by hand are able to remember lectures better than those who type their notes. One of the reasons for this phenomenon is that, when you handwrite notes, you are required to think more about what you are going to write—the cognitive process is different. Because most people cannot write as fast as they type, it isn’t possible to create a transcript of everything that is said during class. Instead, someone who handwrites has to process information differently so that they can write down the important things that were said in class.

Students who take notes on their computers have a tendency to try to write down every word. When you create a literal transcript of what happens in class, you are not really processing that information. Thus, if you choose to take notes on your computer, you will need to take a disciplined approach to your note-taking. Students who use computers also have to resist the urge to be distracted, as there is always the temptation to check social media sites, surf the internet, and message friends.

Check back in tomorrow for another blog post on this topic—I will be talking about what law students should include in their course notes!

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August 19, 2014 · 10:01 am

4 Tips for Handling Criticism

Receiving criticism can be a difficult experience. As a law student and future lawyer, you will receive criticism on a regular basis–and it won’t always be presented in a positive way. One form of criticism you may receive happens in the classroom when the professor is not satisfied with a response you gave to a question. You also receive criticism in the form of feedback you get from judges after moot court or trial competitions, or, most commonly, in comments on graded assignments.

It is easy to react negatively when we receive criticism. Often, criticism can make us feel defensive–we may feel that we are under attack. Some people respond to criticism by shutting down emotionally–but it really is an opportunity for growth. The time spent in law school can be an opportunity to learn how to handle criticism in a productive way. If you approach it with the right attitude, you will grow even more as a law student and attorney. You will also find getting feedback less stressful.

Here are some tips for turning criticism into opportunities for positive growth:

Recognize that criticism is almost never personal. You may say, “Of course it’s personal! It’s directed towards me!” That’s true, but criticism is rarely about who you are as a person. Instead, criticism is usually related to your actions (or inactions), things that relate to your interactions or communications with others.  Recognizing that criticism is not meant to be a personal attack is the first step in learning how to handle criticism.

Don’t immediately react–instead, listen. Resist the urge to react defensively when you first receive criticism. Instead, listen to what the other person is saying. When we immediately start thinking of our response to what someone else is saying, we quit listening. If you listen, you will identify more opportunities for growth.

Reframe criticism as something positive. If you make the conscious choice to reframe criticism as a tool for further improvement, you will take away some of its sting. Changing how you think about criticism may not be easy, but, if you reframe how you think about it every time you catch yourself having a negative response, you will be open to those opportunities for growth.

View criticism as a communication of the other person’s needs. When you receive criticism, it may be because what you have provided to the other person doesn’t entirely meet their requirements or needs. If you listen closely to criticism in those situations, you will be able to tailor your responses to the situation in a way that is most helpful to that other person.

Learning how to handle criticism in the right way helps you to not make the same mistakes twice. When you begin to view criticism as an opportunity for growth rather than a negative experience, you will change how others view you as well. You will gain a reputation for being a good listener (a critical skill in the legal profession), and your professors, supervisors, and bosses will come to rely on your positive responses when they give you feedback. Truly, learning how to handle criticism in one of the keys to success in law school–and in the legal profession!

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