Law School Discussion

Nine Years of Discussion
;

Author Topic: Briefing method - HELP CLEAR UP CONFUSION!!  (Read 1622 times)

Mirage1959

  • Full Member
  • ***
  • Posts: 23
    • View Profile
    • Email
Briefing method - HELP CLEAR UP CONFUSION!!
« on: August 23, 2005, 10:28:54 AM »
I've read many posts that state the best way to brief is:

1) Review the subject in an outline (Gilbert's, Emanuel's).
2) Skim through the case using a canned brief.
3) Read the case.
4) Review canned brief again if necessary
5) Write your own brief.

Perhaps I'm thinking too hard about this - but, if you read the canned brief, why would there be a need to write your own brief? Wouldn't you basically be regurgitating what you read in the canned brief?

Am I missing something? PLEASE CLEAR UP FOR ME!!!

legalkitty

  • Sr. Citizen
  • ****
  • Posts: 664
  • The more people I meet, the more I like my cat!
    • View Profile
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #1 on: August 23, 2005, 12:21:59 PM »
I've read many posts that state the best way to brief is:

1) Review the subject in an outline (Gilbert's, Emanuel's).
2) Skim through the case using a canned brief.
3) Read the case.
4) Review canned brief again if necessary
5) Write your own brief.

Perhaps I'm thinking too hard about this - but, if you read the canned brief, why would there be a need to write your own brief? Wouldn't you basically be regurgitating what you read in the canned brief?

Am I missing something? PLEASE CLEAR UP FOR ME!!!

This is how I do it:

I read the case AT LEAST twice, usually three times before I make any notes at all. Then I read it again, highlighting and marking the sections I want to work with in my brief. Then I brief it. I know it is neanderthal of me to brief the cases myself, but I have really found this to be an effective way of understanding the material.
Attending: Widener PA!!
http://www.aldf.org

aryeal

  • Full Member
  • ***
  • Posts: 35
    • View Profile
    • Email
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #2 on: August 26, 2005, 09:29:31 AM »
In my opinion, canned briefs and outlines aren't necessary to prepare for class.  They can be helpful during your own outlining to check out an alternative layout of the key points.   

Read your cases, brief, and take notes in class even if you think you "know" the material.  It's amazing how panicky you can be prepping for finals worrying that you aren't picking up the important stuff - this is where taking notes in class comes in.  It gives you a clear (well as clear as it can be LOL) idea of what your prof thinks is important.

If you are a 1L, ditch those canned briefs now.  It's too tempting to let them do the analysis for you.  It's fine to grab one from the library reserve desk (if they have them) if you are really struggling with a case or if you are in a temporary time crunch. 

BigTex

  • Sr. Citizen
  • ****
  • Posts: 379
    • View Profile
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #3 on: August 26, 2005, 09:29:23 PM »
if you read the canned brief, why would there be a need to write your own brief? Wouldn't you basically be regurgitating what you read in the canned brief?

There is value in writing the brief yourself. You will be forced to think about and analyze the case for yourself. If you read the canned brief before writing up your own analysis (your own brief) then you're right, you'll just regurgitate what the canned brief said. So, i plan to 1) read the case, 2) write my own brief, 3) read canned brief, 4) compare my brief against the canned brief.

Melinda

  • Sr. Citizen
  • ****
  • Posts: 155
    • View Profile
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #4 on: August 26, 2005, 11:23:22 PM »
I am a 1L, and thus far briefing has really helped me.  I was called on in class last week, and everybody came up to me afterwards and asked me how I prepped.  My response was, "I had a really good brief."  It was only 1 page, but I somehow got lucky and everything the Prof. refered to was on there.

I also tailor my brief to fit the prof.  For example, my torts Prof. is really big on policy, my property prof. always wants to hear each sides argument and point by point what the court did in response.  So I have a different brief template for each class.

As of yet I have not bought canned briefs.  I have looked at them in the bookstore and may purchase them later.

_retired_

  • Sr. Citizen
  • ****
  • Posts: 448
    • View Profile
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #5 on: August 27, 2005, 11:32:28 PM »
Here's the best method:  Dont brief.

hidinginmontana

  • Jr. Member
  • **
  • Posts: 11
    • View Profile
Re: Briefing method - HELP CLEAR UP CONFUSION!!
« Reply #6 on: August 30, 2005, 11:09:03 PM »
A.J. is right