« on: June 28, 2007, 07:54:00 AM »
1. No matter what anyone says (including your prof), it's all about the black-letter law. DO NOT worry about whatever bull you talk about in class. Your torts exam will make no mention of Calabresi's "The Cost of Accidents," and you will not get any points for applying law and economics principles to the case at bar. What you need to do on the exam is (a) Correctly state the issue(s), (b) Correctly state the law (the elements for a battery are 1,2,3,etc.) and (c) 'Apply' the law to the facts, which simply means picking out a fact or two from the question, and saying "here, [element x] is met because [fact y]," and finally (d) state your conclusion
That is what is meant by "IRAC." The 'A' part is supposedly the most important. IMO both the 'R' (Rule) and the 'A' (Analysis) are equally important. If you don't know the rule, you won't get the issue. You must state the rule
completely and accurately. Then, you just have to pick out a fact or two and say because of the stupid fact, the element/rule is met. That's it.
They key is to write as if both you and your ausience were morons. State obvious issues and rules. Even if it's clear that, say, defendant comitted a battery, state the issue (the issue is whether D committed a battery), the rule (the elements for battery are...), the analysis (element 1 is met because D...; element 2 is met because D...), and then your conclusion (because D met all the stupid elements, he has committed a battery).
Again, state the obvious. This is counter-intuitive, b/c normal humans only think of things as "issues" when there is a colorable argument that the claim could be in dispute. For example, say I punch you in the face for no reason. That's a battery. To a normal human, there's no issue about whether or not I have committed a battery; it's completely freaking obvious to anyone with even a passing knowledge of the law that I have. There's no way I could say I haven't.
But law school is not for normal humans. It is for morons. So, even though both you and your prof and everyone else already knows the answer, you must write as if the person you are speaking to has no knowledge whatsoever of the law (and is incredibly daft to boot). In the above example, you would lose points for not discussing why I have committed a battery, stupid as that may sound.
2. In light of #1, use study aids. Your prof will NOT teach you the black-letter law. Instead, he will prefer to BS about policy, government, fairness, his politics, his female dog wife, whatever. He doesn't care. He's clueless. That was how he was taught, and he's not an educator, anyway. He's a scholar. Scholars don't care about law, they all are policy wonks who want work in think-tanks (only problem is they're not prestigious enough for the prof's giant egos).
3. Learn how to write a law school exam (even though I have already told you). DO PRACTICE EXAMS. Maybe get LEEWS, whatever. But def look at old exams, and whenever possible, best student answers. This is extremely important.
4. Given 1 and 2, don't worry that much about class and the bs that spews out of your profs mouth. If he says the rule is 'X' then you say the rule is 'X' even if the study aid says the rule is 'Y.' Chances are he won't ever tell you the rule, given what I said in 2. But in the rare case that he does, make sure that you know exactly what he said the rule was. Write an email after class in you're not sure.
But, for the most part, he won't tell you the rules (that's the 'beauty' of the Socratic method - you're supposed to figure them out for yourself!). So get and use study aids from day 1.