CHAPTER 1: CIRCUS MAXIMUS

Gateway: Is law school the gateway to hell or is it hell itself?

l Advancement is based on merit (defined as “intelligence and effort” or “I + E= M”)
l Meritocracy- a society in which advancement is based, not on the prerogatives of birth,
but on talent and performance.
l Dystopia- a society in which the great ideal of equality had been abandoned in favor of a
relentless competitive struggle for success that would culminate in a social order just as
hereditary as the one that preceded it but less open to the quest for social justice.

From Fright to Might

l Law students are scouring for books that will arm them with techniques and skills to excel
in law school.

Theater of Law
l “The Law” such a perennially popular subject, more on par with sport and the
entertainment industry that its close relations in the other professions.
l Law is one of the principal “literary professions.”
l Lawyers must master literature and history to succeed in the practice of law. A lawyer
without history or literature is a mechanic, a mere working mason. If he possesses some
knowledge of these, he may venture to call himself an architect.

POP Culture
l Law school teaches you four things: Delay. Deflect. Derail. Deny- Curtis Bell
l The lawyer always adds a touch of excitement, suspense, and intrigue into any plot for
entertainment.
l Law school is the place where you will be judged by the strength of your arguments and
the logic and persuasiveness of your reasoning

Gunners and Goners

l Everyone wants to join the elite clique of the cognoscenti, the knowledgeable ones
l Gunners-highest grade in law school/front liners
l Goners- lowest rung/bottom dwellers

Power
l Lawyers are principal actors in the battle against thieving telecoms, plunderers, electoral
cheats, environmental polluters, junk food manufacturers, sexual predators, mass
murderers, political warlords, land grabbers, corporate profiteers, and other unsavory
police characters.

CHAPTER 2 : Love, life, and Law

Majesty and Mystery

l Law will evolve to address new technologies, such as the internet.

CHAPTER 3 : The Fundamentals

Boies Town
l Nothing is particularly hard if you divide it into small jobs- Henry Ford
l Lawyers should learn not only by reading books and hearing lectures but also by
engaging moot courts and simulated legislatures helped to make the study of law fun as
well as informative. -George Wythe
l David Boies- today’s legendary lawyers who suffered from dyslexia since childhood

Studying the Law

l If you are not in the genius category, you need to make the most of the ability you have
l Law is the cement of society and also an essential element medium of change
l Justice Robert Jackson: suggestions for effective case presentation
1. One I had planned-as I thought, logical, coherent and complete
 2. One actually presented- interrupted, incoherent, disjointed, disappointing
3. Utterly devastating argument that I thought of after going to bed that night
l Arguments are the claims that people make when they are asserting their opinions and
supporting their beliefs
l Arguing is the process of resolving differences of opinion through communication
l We must argue- to help, to warn, to lead, to love, to create, to learn, to enjoy justice- to be
l Have a love for learning and penchant for studying
1. Manage their time effectively
2. Don’t succumb to procrastination
3. Are strong writers
4. Get reading done in a timely manner
5. Prepare for each day’s class
6. Juggle multiple tasks simultaneously
7. Delay gratification

Why and How

l He who has why to live for can bear almost any how- Friedrich Nietzche
l First year- they’ll scare you to death
l Second year- they will work you to death
l Third year- they will bore you to death
l Fourth year- they will worry you to death

Magnet
l Law school is more than “ the thumping excitement of contest, where the weapons are
words and the defenses are wits.”
l They forget that this is also the place where brains are fried and egos are crushed beyond
recognition
l They go in with “a skull full of mush” and end up “thinking like a lawyer”
l The only road to the highest stations in this country is that of law- Sir William Jones
l High (I.Q.)intelligence quotient, high (E.Q) emotional quotient and a high (A.Q)adversity
quotient

Sparks of Genius
l Consciousness is what defines genius
l Mediocrity knows nothing higher than itself, but talent instantly recognizes genius- Sir
Arthur Conan Doyle
l Law students must have the required cultural literacy to excel in their environment
l A legal education will demand the best of you
l Law school is the place where bright minds meet to discuss solving legal problems and
resolving social conflicts without bloodshed.

Positive Attitudes
l Crafty men condemn studies, simple men admire them, and wise men use them
1. Visualize yourself being successful
2. Control your inner voice
3. Reward yourself for doing well
4. Be persistent

CHAPTER 10: TYROS AND TYRANTS

Culture Shock
l First year law school often resembles and feels like boot camp than like a purely
intellectual endeavor

Preparation
1. Developing a strategy for academic success
2. Getting mentally prepared for the awesome task ahead

MID-GAME
l Outside activity should supplement, rather than replace, classroom learning
l Advantages of front row seating
 1. Preparedness
2. Active participation
3. Mature accountability
4. Concentration
5. Self-Confidence
6. Prompt instructor help
7. Improved rapport
8. Auditor clarity
9. Clear sightlines
10. A positive impression
11. Memorability
12. Attendance
l Four key instruments in scoring major points in law school: CODES, CASES,
COMMENTS, CONSTRUCTION
l Preparing for class lectures
1. Attend classes regularly
2. Use your professor’s syllabus for a test as soon as it is announced
3. Learn to pick out the important ideas in a lecture
4. Read topics in advance
5. Know your reading pace
6. Work extra problem
7. Study on your own before engaging in group discussion
8. Form questions as you study

CHAPTER 2 : THE LAW SCHOOL EXAMS

Cram and Jam
l First, the learning process is very different here
l Second, there is just too much material to cover for short-term cramming to be a feasible
approach to law school study
l Third, the competition is too good

Tips in Situations in which you must cram

l Review all the material and pick the five or six most important concepts, main ideas, or
key formulas
l Create a sheet with bullet points for important supporting elements
l Read chapter summaries and key terms
l Alternate studying
l Avoid too much caffeine and sugar
l Back up alarm
l Wake up and review your sheets
l Eat something healthy and nutritious

Writing
l Writing everyday is a way of keeping the engine running and then something good may
come out of it

Taking Exams
l IRAC (Issue, Rule, Application, Conclusion
l Read all of the questions on an essay exam
1. You will know what you have to do on the exam
2. Questions are related to each other, and you will want to know this ahead of time
3. You will have more time to think about how to answer the more difficult ones
l Nerves is the number one enemy of the test takers in law school. The root of the most
destructive form of test anxiety is the feeling of academic adequacy

Thomas Method: Super outlines

l Succession of shorter and shorter outlines, ending up with a concentrated super-outline
that fit a single index card,

F. Lee Bailey Method

l Extrapolation, an essential skill in legal reasoning
l To extrapolate, one must take one or more similar cases, none of which is identical to the
problem at hand, and draw from them in order to anticipate what the court will do with the
situation you are holding
Montauk Method
l Practice, practice and more practice to acquire advanced examsmanship techniques

The Pauk Method- Test-Wiseness

l Thorough study and periodic review
l Test-Wiseness is the ability to use characteristics to test and test-taking situations to
reach the full potential of one’s knowledge and aptitudes

The Marquis Method

l Track important testable question
1. Refer to your syllabus and semester guidelines
2. Pre-read and master assigned class readings
3. Note key points, terms, concepts, and formulas
4. Be sure to take notes during class hours
5. Routinely review your notes immediately after class
6. Ask your law professor for possible test study suggestions
7. Prepare well
ILAC APPROACH ( ISSUE-SPOTTING EXAMS)
l The skill to locate and logically discuss legal, factual, tactical and ethical issues cannot be
underestimate
l The ability to identify and isolate the major and collateral issues or areas of concern and
discussable transactions
l The ability to weigh the significance and impact of myriad facts and then make a
reasonable prediction as to how the court would resolve the problems based on prevailing
law
l First phase of the system is finding the major issue
l Second phase requires the student to write then the applicable or relevant law or rule in
simple terms, including the general rule and its exceptions
l Third phase is the application of the facts to the elements of the applicable law
l Fourth and final stage is making a prediction as to how the court will decide each issue
and the reason for the ruling

Siegel Approach: The “ERC” Process

l a rule of law does not dispose an issue unless the rule has been applied to the facts.
l Elementize- learn to reduce the complex legal theories and rules down to a concise,
straightforward statement of their essential elements.
l Recognize- means perceiving or anticipating which words within a legal principle are likely
to be the source of issues and how those issues are likely to arise within a hypothetical
fact pattern
l Conceptualizing- means imagining situations in which each of the elements of a rule of
law have given rise to factual issues.

The whitebread approach

l Your time allocation-external time allocation(among the questions) internal time allocation
(within your answers)
l You must read the question and skeletally organize your answer
l Prepare a detailed outline of your answer

Fox Method
l Keep current
l Be prepared
l Quickly scan the entire test at the start
l Mentally schedule your ansswers and set priorities
l Study each question carefully and plan your answer
l Avoid dogmatic presentations
l Don’t belabor the obvious
l Use clear expressions
l Alow time for review

WILLIAMS METHOD
l Train oneself in problem answering before hand
l Read every word of the problem
l Begin by addressing yourself to the problem
l Practice writing answers before the examination
l Spend more time each week revising the week materials
l Dividing up his time as equally as may be between all the questions

Finch&Fafinski Method
l Make sure that your script is eligible
l Stay until the end of the exam
l Follow instructions
l Keep calm

Bradney Approach
l Make a revision timetable in good time
l Consider practicing timed answers
l Make sure you get enough rest
l Reduce your notes to a manageable size
l Question-spotting is a risky strategy
l Make sure you are as comfortable as possible during the examination
l Develop good examination technique
l Read the rubric carefuly
l Answer the question
l Answer the correct number of questions
l Remember that examiners are human too

Hansen Method
l Study in small but concentrated chunks instead of one long period
l Avoid cramming for an exam

CHAPTER 13 SPEED READING

CHAPTER 15 RECITATION
l Raconteur
l a lawyer’s mode of thought also has distinctive similarities ot those of a playwright
l Ability to tell a story

CHAPTER 16 TAKING NOTES

JOSEPHSON ISSUE GRAPH (JIGS)
l All major issues on the left side with all the sub-issues and doctrinal elements in the
branches that are all written in the right side of the graph. Rules written in a concise
manner are placed in parenthesis for easier reading during review

THE KEYWORD SYTEM

THE CORNELL METHOD

SUMMARY
l Record
l Reduce
l Recite
l Reflect

CLUSTERING METHOD
l Start a few inches from the top of the page and write the professor’s main idea in the
circle near the middle of the page
l If the professor gives an example, draw an arrow to another circle in which you write the
example
 CHAPTER 17 CASE DIGEST

Reading cases like a pro

l Color code your highlight
l Write in the margins
l Take the material one step further
Briefing a case
l Nature of the case
l Fact summary
l Concise Rule of law
SUMMARY
l Summary of facts of the case
l Procedural history of the case
l Issue presented
l Holding of the court
l The court’s reasoning

CHAPTER 18 Managing time

l Track your time
l Set realistic goals
l Multiply time estimaes by up to theefold
l Get the hardest tasks- or the easiest-out of the way first
l Stay as busy as possible
l Determine priorities

CHAPTER 20 STRESS AND DISTRESS

CHAPTER 22 BASIC LAWYERING SKILLS
l Law students should aim to be able to use the law
l Lawyers are trained not to fight-but to argue
l They are know as the masters in the art of the argument
l Lawyers are incrementalist
l Story-telling skills- clarity is the first rule to be observed in legal writing
l Good lawyers are critical thinkers and think outside the ideology of laws- Dante
Gatmaytan
l The umbrella of essential skills encompasses the interrelated skills of interviewing,
counseling and negotiating (ICN)
l Lawyers msut consider the client’s goals( prefences, needs, and interest)
l Legal analysis and reasoning
l Factual investigation
l Communication both written and oral forms of communication
l Debate
l Webster
l Oral arguments- address only the major points
l Elocution-Leadership is selling and selling is talking
l Writing skills-
1.It helps you think
2.It is a process of discovering what one’s argument needs to be
3.Make sure all your points are relevant
4.Remember the audience you are writing for
5.Do not make assertions
6.Write a good introduction
7.Consider the style of your writing
8.Be prepared write several drafts
9.Do not describe too much
10.Acknowledge your sources
l Ralph Wahlstrom
1. Put yourself in the place of the reader
2. Write in active voice instead of passive voice
3. Don’t be afraid to help your reader
 4. Make it simple
l Negotiation skills
l Trust
l Status
1. zero-sum terms
2. Non-zero sum terms
3. Both
l Flexible negotiating style
l Carefully planned outcomes
1. there are no rules
2. Everything is negotiable
3. Ask for a better deal
4. Learn to say no