USING STUDY AIDS IN LAW SCHOOL

Professor Joyce Savio Herleth
Director of Academic Advising

The majority of law students do use study aids at one point or another during their first year of law school. Study aids can be very helpful to you if you use them appropriately. Moreover, there are ways to misuse study aids to your detriment. Study aids should never be a replacement for doing your own work during law school.

Study aids are materials other than your casebook that help explain the law. Study aids are not a substitute for doing the hard work yourself because working with the material, even when it is difficult, is essential to understanding. Moreover, students often mistakenly believe that a generic brief, outline, or analysis reflects their professor's prospective of the law. Keep in mind that different professor look at different aspects of a subject - even their choice of language can be different from the commercial aids.

On the other hand, reading a study aid may be all that's needed to pull together all of the work you've done. It can be like the proverbial lightbulb going on in your head after you've read someone else's explanation of the material. Study aids can be especially useful to double-check your understanding of the material as you prepare your course outlines. The types of books that you can buy run from stripped down flowcharts and outlines to huge treatises. Between Hornbooks and Commercial Outlines, there is another category of study aids that offer explanations of the law, but in less detail than a hornbook. Overall, these aids cover every traditional first year course and many upper level courses as well. Today, I want to cover the most common.

Hornbooks

First, hornbooks are the top of most professor's acceptable list. The good news is that they can provide you with useful background for your reading assignments for class. You will then have a context for your reading, so you can see how the case you are reading fits into the big picture. Most professors' take is to read the casebook, brief the cases, attend class (listen, take notes, answer and ask questions), and consult with your professors when you need further clarification. If you've done all that and still do not understand the material, you may decide to turn to a study aid.

Hornbooks are treatises in the subject matter. Prosser and Keeton, and also Dobbs on Tort; Calamari and Perillo on Contracts; Stoebuck/Whitman and Hovenkamp and Kurtz on Property are all examples of hornbooks. These books explain the legal concepts and black letter law in the way a non-fiction book or textbook would. Hornbooks are more like your undergraduate books, except more scholarly and detailed. While commercial outlines cover many of the same concepts, they don't cover them in great detail. A hornbook can go into depth by explaining the reasoning behind a series of cases. They can also take you through the legal synthesis process to explain how a group of cases may fit together. Do remember, however, that the hornbook author tells you what the law is, unlike the perfect classroom discussion. It does not lead you to it Socratically.

Hornbooks can also help when you create course outlines. When you're outlining, if you don't understand the concepts from the casebook and class notes, read the appropriate section in the hornbook, and see if you then understand enough to outline. The hornbooks discuss cases, so you probably will see an explanation of many of the cases in your casebook. The hornbook might just discuss the cases in a way that you understand.

Downside: they are big and long and expensive. Don't automatically purchase hornbooks, because the cost can be prohibitive. The law school library has a number of hornbooks on reserve. Use the library's copies for specific problem areas or to give you some assistance with your outlining. But this is a source - don't think you are going to read an entire hornbook, because you won't have that kind of time.

A mini version of these, some say, is the Nutshell series (West Publishing Company), little books that explain the law in a condensed format. Their size--5" x 7"--may make them seem more palatable and less intimidating. Many of them give you just enough law so that you have a clear understanding of course rules, concepts and policy.

The bad side is that Nutshells are the books professors remember from their student days when they claim all study aids are lousy. There are very few topic headings, and in order to fit the very small size, you sacrifice a lot of significant detail. In other words, it is pretty much telling the reader the theory of a particular rule or issue - there is not a lot of explanation as to how the author got there. Remember "because" and "how" are the keys to exam writing - and you can see the problem of relying too much on Nutshells. But if you just need the very, very basic stuff - look there. I kind of liken it to cocktail law - just enough so you sound like you know what you are talking about!

Narrative study guides

Similar books (although not in size) come under such series titles as Examples and Explanations (Aspen Law & Business), Concepts and Insights (Foundation Press), and the Understanding Series (Lexis/Matthew Bender). These series use primarily narrative explanations of various areas of the law. The Examples and Explanations series also contains fact pattern examples of different areas of the law, questions about those facts, and detailed explanations as answers to the questions.

The two series that I have in my reference area are the Lexis' Understanding series and Aspen's Examples and Explanations. These rated high with professors - and with students, particular Examples and Explanations. In fact some of your professors have suggested you use them as "suggested" text.

Both are more thorough that the standard outline type of book. With respect to Examples and Explanations, the series provides detailed analysis more comprehensive than outlines - and b/c it isn't as dense as hornbooks - they are easier to follow. A lot of students feel that there are good explanations if you are somewhat confused. But, the big plus of Examples and Explanations is that they give questions - and then explain the answers. You can use this book as a good source of hypos b/f your exam - or as a source for a discussion group with fellow classmates. Because most essay exams ask questions based on facts, these books can help you determine if you know rules and can apply the rules to this new information in a meaningful way.

A significant down side is that these explanations and examples may not reflect your professor's take. Likewise, your professor may use different language when referring to the legal concepts: it would be unimpressive that you refer to a key topic with lingo your professor doesn't use. Moreover, don't ever think that you will do great solely based on how you do in Examples and Explanations. The other big mistake students make is that they don't write out the answer - they only issue-spot (did I pick out the relevant issues?). Students assume - "yeah, I know what to say" - by merely reading the answer or writing down an outline. No. You need to actually utilize the best part of the book and issue spot, analyze and discuss. That means write the answer out. Then, Examples and Explanations can be very helpful.

The Understanding series is also helpful. These books vary in size, although most are in the 400-page range (however, Remedies is almost 800 pages). Because there are different authors, the overall organization of the series is not identical, in contrast to the more "quick and dirty" type of study aids. Still, there are separate chapters on various rules or topics, with an overview and subissues discussed in a narrative form. In some of the books there are case-specific discussion, as in civil procedure and constitutional law. In fact, most of the cases discussed are the uniform "black letter" cases that all the casebooks contain. Be warned, however, that in courses that use more generic cases (such as in torts), the cases cited may not be the same cases as those in your book. So you can read the Understanding series to get precisely that: a basic understanding of the various areas of torts, contracts, etc.

Both are good - although my sense is that student use Examples and Explanations more than Understanding - probably because the length of some of the books intimidates them. But both are a good choice for assistance.

Commercial and Student Outlines

Almost every student uses a commercial outline at one time. Commercial outlines can be very helpful in laying out the black-letter law and giving you rules to memorize, if that is what you are looking for. Some outlines are geared towards certain casebooks, so some students find those particularly helpful. The problem with commercial outlines is that some students use them in place of reading and working with the material on their own. These outlines are intended to supplement your work, not replace it.

What kinds are there? Well, the two that are best known are Gilberts and Emanuel on about every subject imaginable. From an article I read regarding study aids, it appeared that Emanuel was considered a better source - probably because it has more than simply the black letter law. This tends to suggest what professors say: that black letter is important, but how it fits with the facts of a case is the essence of legal analysis. In addition to those two, there are others - some that are straight outlines - others that are sort of a combination between narrative and outlines. These include: 1) Roadmap (Aspen), which contains both a "capsule" summary of the law (or big picture), a rather long outline, with examples and hypotheticals, exam tips and sample questions. 2) Crunchtime (Emanuel) has capsule summaries, flowcharts, exam tips and sample questions and 3) Law Outlines (Casenotes), which contains capsule and complete outlines and limited exam questions. This outline series give few cases, so you get black letter law period.

Probably of all the above five, Roadmap and then Crunchtime are the best - not because of the outlines, but because of the other "stuff." Roadmap has some good examples to explain the black letter law - after all, if you don't recognize the issue, can't begin to discuss it. So understanding what the rule means - and how to recognize it, and what each element requires - is essential. Now the big caveat is that if your professor and casebook already provide these explanations - why use these additional books? Your outlines should have the professor's hypotheticals; after all, that is what he/she thinks is the best example of the rule or element. Crunchtime is probably Emanuel's answer to Roadmap: alike but smaller, so less of everything. I like their flowcharts, however, because they at least attempt to help the student who is a visual learner. Anyone, however, can also look at the charts as a sample to help you create exam strategies, because these flowcharts contain a list of pertinent questions and answers for spotting the issues.

Overall, commercial outlines can help you get the big picture if you are lost in details. Some students just need a boost and this can give it to you. While a good syllabus and table of contents of the book is more valuable, these outlines can help you separate "the forest from the trees." These outlines are also good to make sure that you didn't miss anything big, assuming that the professor covers it. But really, that is the point: different professors cover different things in different orders, so there is no perfect outline you can pick up for $30! However, rather than spinning your wheels or not having any sense of outlining - check one out. Remember, however, even if you know the black letter law from a commercial outline, you still need to take the next step and learn how and when to apply it to new factual situations. That's how you really learn legal analysis.

Student outlines are also available on a very limited basis on the web. I think that some can be very helpful regarding daily preparation or filling in the blanks when the professor is rather predictable: in other words, if the professor has a plan and sticks with it. They are not particularly beneficial if the outlines are outdated, the book has changed, the professor tend to follow the class rather than a set programmed dialogue or if he changes his method of teaching. I have looked at a fair sampling - they are acceptable for daily use but no substitute for an outline for exam prep.

So, missed a class, zoned out, not paying attention - student outlines can help. The biggest problem I found is that they are merely outlines of the classes - not of the course. There is a HUGE difference - and most are case-heavy rather then rule and issue-focused. Just remember that first year outlines are produced by (surprise) first year law students who may be good in summarizing the content of the class lecture and briefs but may not be so good in taking all the information and synthesizing it and creating a useable outline for a particular class. Moreover, none of the outlines provided any exam strategy questions. So, although the temptation to use them is strong because after all this is Professor X's class, don't forget that classes change and the emphasis can shift. Be careful!

CALIs

CALI is short for Computer-Assisted Legal Instruction. These are interactive computer exercises and questions that test your knowledge of the material and help improve your test-taking skills. The CALI lessons provide interactive exercises in which you enter responses to questions based on fact patterns and receive an instantaneous evaluation of your answer and prompts to guide you to the "right" answer. You learn the law and how to apply the law to a body of facts--the key to doing well on exams. Some of the CALIs are mini-tutorials on a particular subject. Most CALIs tell you how long it should take to complete the exercises, and they range anywhere from 10 minutes to one hour. You should have received one when you started law school. If not, check with the library.

This, again, can be helpful if you use it to focus on an area that you are unsure about. I am not sure that I would rely on CALI as my primary study methods because professors don't generally ask questions like CALI. Moreover, if you aren't a computer type person, they can drive you crazy. But if you have difficulty understanding a section of the course, CALI can help walk you through the basic law.

Canned Briefs

Now we get to the Cliff's Notes of law school casebooks: the canned briefs. The two big ones are Legalines and Casenotes: Legal Briefs. Of all the comments I received from the professors - there was a universal opinion regarding canned briefs. It was: DON'T USE THEM!!!

Seriously, you need to read the assigned cases. Canned briefs can't be used as a substitute for reading the cases in preparation for class. Note only is this book the kind of study aid frowned on by faculty, there are essential truths that you need to recognize: they aren't very good and critical case reading is an essential legal skill. You won't have canned briefs in practice (or LRW) so you need to learn the process.

Regarding their use, common wisdom says that you can get the first one or two questions answered from the professor - but any subsequent hypo or in-depth question won't work when the "analysis" consists of two sentences.

Ok, so you have the book anyway. I would guess that if you are really, really lost in the language of the case - literally, you don't understand the case because of the Latin words and archaic method of the judge's writing - canned briefs can give you a sense of security that A did that, B did this. But you are only postponing learning what those Latin terms mean. So might as well learn on your own and not become dependent.

Miscellaneous (Canned Briefs, Flashcards. Tapes. etc.)

Every year it seems that there are more and different study aids. Don't use any of them to substitute for your work (canned case briefs. for example). But, since everyone learns differently, only you can determine what will help you clarify and review your understanding of the material.

Flashcards are sometimes helpful for students. While (yet again) it is better to create your own, some sections of the law tend to lend themselves as flashcards. Flashcards care also useful if you have a good memory for details and just need to spend time on learning how the issues relate. Two years ago, one of the top students used flashcards that she created. I couldn't follow them at all, but she recalled huge amounts of information from a collection of about 30 index cards. Of course, did I mention she was a top ten person: sometimes their minds don't work like the rest of us.

In any case, flashcards can be of help. Students get a chance with flashcards to practice short hypotheticals to test their knowledge and to get acquainted with the kinds of facts that will raise a particular issue. If you like this sort of first step before hitting the longer essay questions, do yourself a favor and write out the answers - don't just talk them out. Remember it is in the explanation of why you decided as you did that you can get lots of points. Examples where flashcards may be ideal are in property - all that stuff on estates - or in criminal law where the professor distinguishes between MPC and common law, or in the degrees of various crimes. Look to use flashcards when there is certain language or facts which trigger a legal theory; this is when flashcards are helpful to chunk all that material together.

Tapes are great for the oral learner - particularly if you drive solo a long way: it's useless if you either 1) start and stop the tape at random points (again, you need to cover a section to make sense) or 2) you don't learn well with just the spoken word (e.g., I need to write things down as I listen so that I can recall the information later: otherwise, I listen over and over and don't get anywhere. But a better choice might be a discussion group where a group of students get together to "talk it out." Again, depends on the students.

Of course, there are course on Saturday that purport to tell you it all: but do they really truly give back the money if you don't get an A? Spend the weekend productively outlining and learning: have confidence in yourself. Just remember the exam is professor-specific.

Final Thoughts

Too many study aids can be overwhelming. If you try to use too many, you will be adding to your workload, with little likelihood of getting much additional useful information. You will also be spending too much money, because study aids can be expensive. So pick only when you need it, and choose wisely.

Another point to remember is that outlines and such can help with learning black letter law - but you also need to learn recognize issues and to apply these rules. Exams won't identify the issue: your professor isn't going to label the first question as a battery question, or tell you that you now need to talk about the promise requirements. So get your outline in reasonable order sufficiently early in the semester so that you can practice answering hypothetical questions, preferable from the Past Exam Site on the Students' Web. Looking at the professor's old exam, and writing out the analysis is a great way to learn the fundamentals of the law, as well as how to properly analyze and apply those rules of law. All of these steps are parts of learning to become a lawyer. So, read cases, synthesize, outline, study, and practice: but make sure you do it in a timely fashion and don't rely on a last-minute magic book.

And to paraphrase one professor - sometimes the best study aid is junk food and candy bars! So use what works - just remember that there is no substitution for using legal analysis to process the cases and class discussion into legal rules, outlines and an exam strategy.
September 10, 2002