While PLS may have some nuggets of useful info, for the most part, the book is inflammatory and the author has some serious issues. Law school, at least in my experience, is nothing like Atticus Falcon says it is.I am also of the opinion that spending your entire summer before law school prepping with supplements and things is, for the most part, a waste of time. It's one thing to flip through some E&Es or outlines to get an idea of the general course of a class. It's another to work through the supplements, going over material that your professor may not even cover. With the exception of LEEWS, your summer is likely well spent sitting by the pool.
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.
TITCR... If you get his professors.
Quote from: Gwiz on June 28, 2007, 11:13:24 AMTITCR... If you get his professors.No. That's the fundamental fallacy that confuses law students and kills their grades. What I have prescribed is the recipe for success in all American law schools, b/c they all use the same crappy pedagogical method (socratic lectures followed by a giant issue-spotter exam which accounts for 100% of your grade). A torts exam at harvard looks the same as a torts exam at podunk u; it will be a giant fact-pattern, and you will need to apply black-letter rules to the facts. Maybe, and this is just a maybe, the harvard exam will have a teeny-tiny policy question that's worth 15% of the grade or so (they're usually only 30 minute Qs on a 3-hour final; so 1/6). So, if one of these Qs shows up (and chances are it won't), that means that 95% of what you learned in class accounts for only 15% of your grade. Again, chances are you won't even get a policy Q on the exam, and if you do, knowing the black-letter law cold will prepare you for that stupid question anyway.People like to say "you're not learning torts...you're learning professor X's torts." That's extremely misleading. All this means is that (1) your prof will not cover every conceivable topic in the law of torts, and (2) if and when your prof thinks the rule is different from what the study aid says (not often, but sometimes) then use his rule. What it certainly does NOT mean is that what your professor bs's about in class is wht you will see on the final. Bottom line - the law of torts is the law of torts is the law of torts. there's a godd**mned restatement which spells it out, and that's why it can be tested on a multi-state bar exam. that's the *&^% you need to know cold, regardless of how much class time you spend on 'loss spreading' or 'efficiency vs. fairness.'
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