Hello all you QU Law 1Ls! First off, congratulations on being accepted to QU Law! Now that you've been accepted and you're ready to start your semester, I figured it might be useful for you to have all the information that I wish I had a year ago.
Before we dive in, please note that this Blog in no way represents the views, opinions, or or beliefs of the Admissions Department or any other department or official at Quinnipiac Law. These are my personal findings, thoughts, beliefs, and opinions, and I am merely putting them out in order to help students to succeed in law school. Everyone is different, and this information might not help everyone. This is simply all the information that my I could come up with (which is a lot, I know), and I hope it's helpful to some. So here we go!
Succeeding in law school is a lot like succeeding in golf: even if you're not a golfer, would you play an entire game with one club? NO! You could do it, but it wouldn't be easy at all. In order to do well, you need as many clubs as you can handle, but not so many that you never use some of them and thus never learn how to use them effectively. That being said, you want to go through law school the same way. You should have as many study aids as you can handle, but not so many that you can't use them all effectively.
Many students will try to scrape by with as little as possible, then they scramble during finals time when they figure out how much they have to do in order to understand everything. By that same token, there are some students who buy all these expensive study aids, get notes and briefs from 2Ls that took the same classes, and get every supplement they can. These students will be just as frustrated at the end of the semester because they haven't taken enough time with each study aid in order to really get used to how to use it and reap the benefits of it.
The point is to get as many clubs, I mean study aids, as you can use to your benefit. That being said, I'll try and help you out as much as I can in the following posts. Try to bear in mind that you won't have to use all the tips and tricks that I've pointed out... heck, I didn't even do that!
What They Don't Want You to Know covers where to get free outlines, online briefs, and online study guides, as well as what supplement books you might find useful (and some other useful information too).
Some of Your Potential Professors covers, well, what to expect in certain classes. This will probably be the MOST useful for people... I'm also getting information on professors that I didn't have from a friend or two in the different sections, so stay tuned if you don't see any info on your professors yet.
General Tips for Your 1L Year again, obviously covers some of the general tips, including how to do things efficiently (outlining, taking notes, listening in class...etc).
What It's REALLY Like covers the things that you'll learn in your first couple of weeks... sometimes it's just nice to know the little things before you get going.
Briefing Cases goes over what case briefing is, even though you will learn this in your first month or so as well.
Your First Real Summer Job goes over, well, what you can expect to get for a job after your 1L year. We all dream of making $30 /hr our first summer... I hate to break it to you, but that probably won't happen! lol
Your 2L Year and Beyond will go over various changes that you'll have to deal with, including increased competitiveness, elective classes, classes to avoid, concentrations, jobs...etc.
Outlines, Case Briefs, and More! might be one of the most helpful sections to some of you... I give you all of my outlines, case briefs, and, well, more! lol
I hope all of this is useful for you guys, and please feel free to ask any questions. You can post the questions here and I'll answer in the blog, or you can email me directly:
taraymond86@gmail.com
Good luck, and enjoy yourselves... the year will fly by SO QUICKLY!
Saturday, May 8, 2010
Briefing Cases
Your legal skills professor, and potentially some of your other professors as well, will teach you a lot about briefing as soon as you begin classes, but I figured I’d give you a really basic idea of what to do so that you’re not going into your first assignments blind.
Some professors say that briefs should be written a certain way, but briefing is really about what helps YOU the most because briefing is used to aid your recollection of the case. Your professors will most likely NEVER check your briefs; in fact, the only professor that's likely to check your briefs is your legal skills professor... and even then, he or she is most likely only going to have a quick assignment on it. Law school is very different than college in that way - in MOST classes, you won't have homework to turn in, and you won't have anyone to say "hey, you're doing this completely wrong." So, since no one will see your briefs but you,it’s important to format them to suit your needs.
Briefing is exactly what it sounds like: reducing the case to its SIMPLEST and most ESSENTIAL ELEMENTS. When you first begin reading cases, it’s easy to see how every single piece of the case could be seen as essential… after all, if the court is talking about it, it’s probably really important! However, what you have to keep in mind is that these cases weren’t decided so that they could be placed in a specific section of a law school casebook. They were decided because the court needed to work out a dispute between the parties, and they’re put in law school casebooks because the case happened to be a fitting example of one or two elements of a specific subject. Take one of the first contracts cases you’ll get as an example: Lucy v. Zehmer, 84 S.E. 2d 516 (1954).
In its most essential form, this case is fairly simple: The Plaintiff (W. Lucy) has been trying to get the Defendant (A. Zehmner) to sell his farm to him for quite some time now. Every time Zehmer gets close to selling his farm to Lucy, Zehmer backs out at the last minute and doesn’t go through with the deal. Zehmer is in the local bar one night, and Lucy walks in. Lucy sits down at Zehmer’s table and tries to get him to sell his farm yet again. This time, Zehmer seems a little more willing, and again agrees to sell the farm. Lucy, being skeptical, throws a piece of scrap paper on the table and asks Zehmer to write out a contract. Zehmer does, and both he and his wife sign it. Lucy grabs the piece of paper off the table as soon as Zehmer finishes signing it, and tells Zehmer that he’ll pay him tomorrow. This time when Zehmer tries to back out of the deal, he’s not so lucky! Zehmer tries to argue that he was merely joking when he offered to sell his farm and that even if he did sign it, he was drunk (not true) and that Lucy was trying to get him drunk to sign the contract.
Well the court actually finds for Lucy on this one, finding that Zehmer wasn’t so drunk as to be unable to enter into a voidable contract, and even if he was joking, the court will not look at a party’s subjective intent in entering into a contract so long as the other party is reasonable in believing that the party he is contracting with has objectively manifested assent to the sell their property.
So what should you take out of all that? As sad as it may sound, even that much information is too much for a brief (although I did leave some other elements out). Once you get into contracts, you’ll begin to learn the essential elements of forming a contract. This case falls under the “Offer” section, and it’s really only used for what I wrapped up with (objective manifestation of assent). As you go through the year, you’ll have to dissect more and more in each case… offer, acceptance, consideration, statute of frauds, parol evidence… and on and on! But while you’re in each section of the textbook, make sure you’re looking for the issue that pertains to whatever part of the casebook you’re in. For example, you might think that there is a problem with writing something on a piece of scrap paper you found in a bar, or maybe you think that there’s a problem with the buyer paying for the farm the next day. Either way, these problems don’t relate to the offer (again, this is the section you should be paying attention to).
Now let’s get down to HOW TO BRIEF. There is no "one and only" way to brief, but this is the most widely used version. Each of the bold headings should be a separate section of your brief, but here is a quick list so you get the big picture first:
1) Facts
2) Procedural History
3) Issue
4) Holding / Rule
5) Reasoning
6) Decision
7) Opinion(s)
8) Notes / Problems
One trick that I found quite helpful throughout the year is to make a blank case brief template with all of these elements, saving it on my desktop so that I can open it up, insert the specific case name and casebook page number, and then save it under a different name that corresponds to the case. Here’s an example of what the blank template looks like:
To begin, start by putting the Title of the case at the top of the page (where I have the word “case” underlined at the top). In the example case above, this would be: Lucy v. Zehmer, 84 S.E. 2d 516 (1954). Without getting into too much detail (mainly because your Legal Skills professor will do a much better job at this than I will), the names are the last names of the parties, usually with the plaintiff’s name being first (although this changes depending on the court that you’re in and what level you’re at (appellate court, trial court…etc). The numbers that follow the names are the citation for the case. This case would be found in VOLUME 84 of the South East REPORTER, PAGE 516. You’ll learn all about this soon enough, so don’t worry too much about it just yet.
Next, make sure you note the casebook page (this will be invaluable later on in the semester).
Facts:
This is where you should put in the facts of what happens between the parties, but try to leave out things that aren’t essential (again, you’ll get better at this as the semester rolls on). One trick that will come in quite handy is to insert a SYMBOL instead of the parties’ names. For example, instead of saying “Lucy” or “Zehmer” every single time, you can insert Π (the pie symbol) for the plaintiff, Lucy, and ∆ (the delta symbol) for the defendant (Zehmer). These are two symbols that are most commonly used for plaintiff and defendant (mainly because P and D can easily get lost as they are letters themselves). The best way to do this is to create a SHORTCUT KEY for each. My shortcut key for Π is Alt + P. Just go into your symbols menu in your word processing program and set the shortcuts. If you don’t know how to do that, there are tons of well organized how-to articles on line… I won’t provide a walk-through here because, well, I’m not that tech savvy!
Here are a few symbols and abbreviations that I have come to widely use or create shortcut keys for:
Plaintiff = Π – Alt + P
Defendant = ∆ - Alt + D
Contract - ₭ - Alt + K
Subsection - § - Alt + S
Trial Court - TC
Court of Appeal – CoA
Supreme Court – SC
Jurisdiction – Jx
Procedural History:
This is where you will explain what has happened as soon as the case is filed with the court. This section is especially important in Civil Procedure, but is of little importance in other subjects. Start this section with the complaint (why the plaintiff filed the case). This can be as simple as “plaintiff sues defendant seeking specific performance of the contract”. Next, state where the case is filed. For example: “Plaintiff filed suit in a Connecticut Trial Court”. Then say what happened in that court (if it went further): “Trial Court found for the Defendant, plaintiff appealed”. Wrap it up with the level of court that you’re in now: “the Connecticut Supreme Court is now hearing the case”. You get the idea.
If you are doing a brief for Civ Pro, you should also note why the district court has jurisdiction… you’ll learn a lot about this soon enough! For example: Plaintiff filed suit in Federal District Court in TX under diversity jurisdiction (U.S.C. §1332). In addition, what MOTIONS are being filed will be important in Civ Pro, but not so much in others.
Issue:
This is where things get tricky. If you’re lucky, some cases will literally point out what the issue is. However, this is pretty rare. The best way to pick out the issue is, yet again, best done by keeping in mind the section of the casebook you’re in. For example, the issue in Lucy v. Zehmer is a simple one: did the words/actions on the part of the Defendant (Zehmer) create a valid offer which the Plaintiff (Lucy) could accept? The issue always comes in the form of a QUESTION.
One trick that I've always used to spot the issue is to GO RIGHT TO THE HOLDING/RULE... if you simply reverse the wording of the holding or rule, the issue appears right in front of your eyes!
Holding / Rule:
This is where you will answer the question that you just posed in the "Issue" section. Sometimes the question you will ask will just be a yes / no in response to the issue that you just stated, which is why it’s easier to join the holding and rule in my opinion. Thus in Lucy v. Zehmer, the holding/rule would look like this: "Yes, the Defendant's words and actions created a valid offer which the Plaintiff could accept. In determining whether a party has made a valid offer, the words and actions of the party are interpreted according to a reasonable person standard. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party."
The rule is actually what will be applied to cases that you’ll have in the future. Most rules are what the majority of jurisdictions will follow, but some are more of a minority view (yet still worth pointing out). If you’re in Civ Pro, you’re actually dealing with the Federal Court system, and all rules will be applied to all federal cases. If you’re in Constitutional Law, obviously all Supreme Court decisions are mandatory law and must be applied in all cases (federal or state).
If you are having difficulty spotting the issue, holding, or rule, the best thing you can do is to LOOK AT THE HEADNOTES ON WESTLAW OR LEXIS. The headnotes are basically an outline of the major rules used in each case. If you click on the number next to the headnote, it will bring you directly to the section in the case where that rule appears. **CAUTION** Some people get LAZY and only look at the headnotes for all of their classes... this is an INCREDIBLY BAD IDEA, and you shouldn't do it because your 1st year professors will kill you when you get called on. Well maybe they won't kill you, but you'll want to die when you don't know a specific fact because you skimped on the reading!
Reasoning:
This is the section that you will insert the Judge’s reasoning, which is the bulk of almost every court opinion. You’ll probably only have a page or two of facts, maybe a page of procedural history, the issue will be a quick blurb, and then the court will give their reasoning for 5 or 6 pages. Be sure to take at least one point out of each paragraph (usually each paragraph is a certain point that the judge wants to make). This should also be the bulk of your brief (maybe 1/3 of a page… more if it’s necessary).
In addition, some professors will ask you what one of the parties' arguments was. You may find it helpful to quickly point out "Defendant was arguing that no one could find that he manifested an intent to enter into the contract," and then put a bullet under that explaining how the court accepts/rejects that argument.
Decision:
This is the court’s disposition… usually fairly straightforward and looks like this: “the case is reversed and remanded, finding in favor of the plaintiff.” Usually I just write down who wins/loses and what happens now, but the court does this by saying “reversed and remanded in favor of the plaintiff/defendant” or “reversed in favor of defendant/plaintiff”. Either way, it’s also good to put in what happens because of the decision: “defendant has to pay for plaintiff’s injury,” “defendant’s promissory estoppel defense worked, he wins”… etc.
Opinion(s):
This section is really only necessary for certain classes, but you will want to include it in EVERY CONSTITUTIONAL LAW BRIEF, specifically naming each justice that joins the majority, concurrence, dissent, or dissenting in part / concurring in part. Although this might sound too technical for you this early on, I'll explain a bit. In Con Law, certain constitutional decisions are formed by what's called a "plurality opinion" where there's no clear "majority" on an issue. By looking at all the opinions, you can discern which issues each of the justices agree on and which ones they don't. If you see that 5/9 justices agree on one of the issues (despite the fact that they disagree on all others), you get a plurality opinion.
In other classes, the opinion(s) section will come in handy to see what the minority (or majority) of states would do, and possibly the policy reasons for the rule set forth.
Notes / Problems:
The next part that I would highly advise putting in is a notes/problems section. This is where you can actually take notes that come from the notes or problems sections of your casebook, or even notes that come from lecture. Either way, they should be directly related to that case. Some professors will also point out that you should put in your own personal notes (what you think should have happened in the case or why you think the outcome is right/wrong), but I’ve honestly never found that to be helpful.
Although it's not necessary, and quite honestly might be overkill, I've always put in the citations for certain cases in the notes sections after the highlight case. Normally, I only put in citations for cases that come out of Connecticut or Maine, mainly because these are the only two states that I might practice in.
So what’s the final product?
Your final product, believe it or not, should be NO MORE THAN 2 PAGES LONG! Think of it this way, if you can’t explain the case in a page or two, how are you going to be able to condense it even more for your outline? Essentially, what you’re doing is reading the long version of the case, highlighting and then condensing. Then when you brief the case, you’re only taking down the highlights and making the case as simple as possible. When you have to outline (which is another topic in itself… it’s going to take me a while to get that one down), you’re taking the condensed material and condensing it even further. You’ll turn a page or two into a few sentences! That’s why I point out the fact that it’s hard to see the forest for the trees through the semester. It’s easy to get caught up thinking about one particular case as it stands alone… but you have to think of the big picture the whole time, otherwise you’ll lose sight of why that case is important in the first place!
If you’re concerned that you don’t know how to brief or that the professor keeps pointing out things that you didn’t pick up when you read the case, DON’T WORRY! It takes months to finally learn what each particular class/professor hones in on, and it takes a lot of time to be able to spot issues. This, however, is what lawyers get paid to do… spot issues! You’ll be able to do it in everyday life soon enough, and it’ll start getting easier and easier as time goes by. If you want to compare your briefs to what other students or professionals come up with, look at the posts below regarding class-specific briefing sites. In addition, you can always buy books that have nothing but briefs in them (they’re usually “keyed to” specific casebooks… again, you’ll find more information in the following posts).
If you get through a couple of weeks and still don’t think you’ve got the hang of how to brief, my advice is to talk to the professor in the class that you’re having trouble with. If it’s briefing in general that you’re having trouble with, talk to our writing specialist (I forget her name at the moment, but you will most definitely hear her name mentioned on more than one occasion in your orientation and in the first couple of weeks of classes). She’s there to help you understand this stuff because let’s face it, not everyone comes from an Ivy League school with a great writing background! Don’t be ashamed to ask for help when you need it. That being said, upperclassmen are always there to help you as well (myself included). We’ve been through it, we know what frustrates students and how we overcame the confusion… seek us out!
Some professors say that briefs should be written a certain way, but briefing is really about what helps YOU the most because briefing is used to aid your recollection of the case. Your professors will most likely NEVER check your briefs; in fact, the only professor that's likely to check your briefs is your legal skills professor... and even then, he or she is most likely only going to have a quick assignment on it. Law school is very different than college in that way - in MOST classes, you won't have homework to turn in, and you won't have anyone to say "hey, you're doing this completely wrong." So, since no one will see your briefs but you,it’s important to format them to suit your needs.
Briefing is exactly what it sounds like: reducing the case to its SIMPLEST and most ESSENTIAL ELEMENTS. When you first begin reading cases, it’s easy to see how every single piece of the case could be seen as essential… after all, if the court is talking about it, it’s probably really important! However, what you have to keep in mind is that these cases weren’t decided so that they could be placed in a specific section of a law school casebook. They were decided because the court needed to work out a dispute between the parties, and they’re put in law school casebooks because the case happened to be a fitting example of one or two elements of a specific subject. Take one of the first contracts cases you’ll get as an example: Lucy v. Zehmer, 84 S.E. 2d 516 (1954).
In its most essential form, this case is fairly simple: The Plaintiff (W. Lucy) has been trying to get the Defendant (A. Zehmner) to sell his farm to him for quite some time now. Every time Zehmer gets close to selling his farm to Lucy, Zehmer backs out at the last minute and doesn’t go through with the deal. Zehmer is in the local bar one night, and Lucy walks in. Lucy sits down at Zehmer’s table and tries to get him to sell his farm yet again. This time, Zehmer seems a little more willing, and again agrees to sell the farm. Lucy, being skeptical, throws a piece of scrap paper on the table and asks Zehmer to write out a contract. Zehmer does, and both he and his wife sign it. Lucy grabs the piece of paper off the table as soon as Zehmer finishes signing it, and tells Zehmer that he’ll pay him tomorrow. This time when Zehmer tries to back out of the deal, he’s not so lucky! Zehmer tries to argue that he was merely joking when he offered to sell his farm and that even if he did sign it, he was drunk (not true) and that Lucy was trying to get him drunk to sign the contract.
Well the court actually finds for Lucy on this one, finding that Zehmer wasn’t so drunk as to be unable to enter into a voidable contract, and even if he was joking, the court will not look at a party’s subjective intent in entering into a contract so long as the other party is reasonable in believing that the party he is contracting with has objectively manifested assent to the sell their property.
So what should you take out of all that? As sad as it may sound, even that much information is too much for a brief (although I did leave some other elements out). Once you get into contracts, you’ll begin to learn the essential elements of forming a contract. This case falls under the “Offer” section, and it’s really only used for what I wrapped up with (objective manifestation of assent). As you go through the year, you’ll have to dissect more and more in each case… offer, acceptance, consideration, statute of frauds, parol evidence… and on and on! But while you’re in each section of the textbook, make sure you’re looking for the issue that pertains to whatever part of the casebook you’re in. For example, you might think that there is a problem with writing something on a piece of scrap paper you found in a bar, or maybe you think that there’s a problem with the buyer paying for the farm the next day. Either way, these problems don’t relate to the offer (again, this is the section you should be paying attention to).
Now let’s get down to HOW TO BRIEF. There is no "one and only" way to brief, but this is the most widely used version. Each of the bold headings should be a separate section of your brief, but here is a quick list so you get the big picture first:
1) Facts
2) Procedural History
3) Issue
4) Holding / Rule
5) Reasoning
6) Decision
7) Opinion(s)
8) Notes / Problems
One trick that I found quite helpful throughout the year is to make a blank case brief template with all of these elements, saving it on my desktop so that I can open it up, insert the specific case name and casebook page number, and then save it under a different name that corresponds to the case. Here’s an example of what the blank template looks like:
To begin, start by putting the Title of the case at the top of the page (where I have the word “case” underlined at the top). In the example case above, this would be: Lucy v. Zehmer, 84 S.E. 2d 516 (1954). Without getting into too much detail (mainly because your Legal Skills professor will do a much better job at this than I will), the names are the last names of the parties, usually with the plaintiff’s name being first (although this changes depending on the court that you’re in and what level you’re at (appellate court, trial court…etc). The numbers that follow the names are the citation for the case. This case would be found in VOLUME 84 of the South East REPORTER, PAGE 516. You’ll learn all about this soon enough, so don’t worry too much about it just yet.
Next, make sure you note the casebook page (this will be invaluable later on in the semester).
Facts:
This is where you should put in the facts of what happens between the parties, but try to leave out things that aren’t essential (again, you’ll get better at this as the semester rolls on). One trick that will come in quite handy is to insert a SYMBOL instead of the parties’ names. For example, instead of saying “Lucy” or “Zehmer” every single time, you can insert Π (the pie symbol) for the plaintiff, Lucy, and ∆ (the delta symbol) for the defendant (Zehmer). These are two symbols that are most commonly used for plaintiff and defendant (mainly because P and D can easily get lost as they are letters themselves). The best way to do this is to create a SHORTCUT KEY for each. My shortcut key for Π is Alt + P. Just go into your symbols menu in your word processing program and set the shortcuts. If you don’t know how to do that, there are tons of well organized how-to articles on line… I won’t provide a walk-through here because, well, I’m not that tech savvy!
Here are a few symbols and abbreviations that I have come to widely use or create shortcut keys for:
Plaintiff = Π – Alt + P
Defendant = ∆ - Alt + D
Contract - ₭ - Alt + K
Subsection - § - Alt + S
Trial Court - TC
Court of Appeal – CoA
Supreme Court – SC
Jurisdiction – Jx
Procedural History:
This is where you will explain what has happened as soon as the case is filed with the court. This section is especially important in Civil Procedure, but is of little importance in other subjects. Start this section with the complaint (why the plaintiff filed the case). This can be as simple as “plaintiff sues defendant seeking specific performance of the contract”. Next, state where the case is filed. For example: “Plaintiff filed suit in a Connecticut Trial Court”. Then say what happened in that court (if it went further): “Trial Court found for the Defendant, plaintiff appealed”. Wrap it up with the level of court that you’re in now: “the Connecticut Supreme Court is now hearing the case”. You get the idea.
If you are doing a brief for Civ Pro, you should also note why the district court has jurisdiction… you’ll learn a lot about this soon enough! For example: Plaintiff filed suit in Federal District Court in TX under diversity jurisdiction (U.S.C. §1332). In addition, what MOTIONS are being filed will be important in Civ Pro, but not so much in others.
Issue:
This is where things get tricky. If you’re lucky, some cases will literally point out what the issue is. However, this is pretty rare. The best way to pick out the issue is, yet again, best done by keeping in mind the section of the casebook you’re in. For example, the issue in Lucy v. Zehmer is a simple one: did the words/actions on the part of the Defendant (Zehmer) create a valid offer which the Plaintiff (Lucy) could accept? The issue always comes in the form of a QUESTION.
One trick that I've always used to spot the issue is to GO RIGHT TO THE HOLDING/RULE... if you simply reverse the wording of the holding or rule, the issue appears right in front of your eyes!
Holding / Rule:
This is where you will answer the question that you just posed in the "Issue" section. Sometimes the question you will ask will just be a yes / no in response to the issue that you just stated, which is why it’s easier to join the holding and rule in my opinion. Thus in Lucy v. Zehmer, the holding/rule would look like this: "Yes, the Defendant's words and actions created a valid offer which the Plaintiff could accept. In determining whether a party has made a valid offer, the words and actions of the party are interpreted according to a reasonable person standard. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party."
The rule is actually what will be applied to cases that you’ll have in the future. Most rules are what the majority of jurisdictions will follow, but some are more of a minority view (yet still worth pointing out). If you’re in Civ Pro, you’re actually dealing with the Federal Court system, and all rules will be applied to all federal cases. If you’re in Constitutional Law, obviously all Supreme Court decisions are mandatory law and must be applied in all cases (federal or state).
If you are having difficulty spotting the issue, holding, or rule, the best thing you can do is to LOOK AT THE HEADNOTES ON WESTLAW OR LEXIS. The headnotes are basically an outline of the major rules used in each case. If you click on the number next to the headnote, it will bring you directly to the section in the case where that rule appears. **CAUTION** Some people get LAZY and only look at the headnotes for all of their classes... this is an INCREDIBLY BAD IDEA, and you shouldn't do it because your 1st year professors will kill you when you get called on. Well maybe they won't kill you, but you'll want to die when you don't know a specific fact because you skimped on the reading!
Reasoning:
This is the section that you will insert the Judge’s reasoning, which is the bulk of almost every court opinion. You’ll probably only have a page or two of facts, maybe a page of procedural history, the issue will be a quick blurb, and then the court will give their reasoning for 5 or 6 pages. Be sure to take at least one point out of each paragraph (usually each paragraph is a certain point that the judge wants to make). This should also be the bulk of your brief (maybe 1/3 of a page… more if it’s necessary).
In addition, some professors will ask you what one of the parties' arguments was. You may find it helpful to quickly point out "Defendant was arguing that no one could find that he manifested an intent to enter into the contract," and then put a bullet under that explaining how the court accepts/rejects that argument.
Decision:
This is the court’s disposition… usually fairly straightforward and looks like this: “the case is reversed and remanded, finding in favor of the plaintiff.” Usually I just write down who wins/loses and what happens now, but the court does this by saying “reversed and remanded in favor of the plaintiff/defendant” or “reversed in favor of defendant/plaintiff”. Either way, it’s also good to put in what happens because of the decision: “defendant has to pay for plaintiff’s injury,” “defendant’s promissory estoppel defense worked, he wins”… etc.
Opinion(s):
This section is really only necessary for certain classes, but you will want to include it in EVERY CONSTITUTIONAL LAW BRIEF, specifically naming each justice that joins the majority, concurrence, dissent, or dissenting in part / concurring in part. Although this might sound too technical for you this early on, I'll explain a bit. In Con Law, certain constitutional decisions are formed by what's called a "plurality opinion" where there's no clear "majority" on an issue. By looking at all the opinions, you can discern which issues each of the justices agree on and which ones they don't. If you see that 5/9 justices agree on one of the issues (despite the fact that they disagree on all others), you get a plurality opinion.
In other classes, the opinion(s) section will come in handy to see what the minority (or majority) of states would do, and possibly the policy reasons for the rule set forth.
Notes / Problems:
The next part that I would highly advise putting in is a notes/problems section. This is where you can actually take notes that come from the notes or problems sections of your casebook, or even notes that come from lecture. Either way, they should be directly related to that case. Some professors will also point out that you should put in your own personal notes (what you think should have happened in the case or why you think the outcome is right/wrong), but I’ve honestly never found that to be helpful.
Although it's not necessary, and quite honestly might be overkill, I've always put in the citations for certain cases in the notes sections after the highlight case. Normally, I only put in citations for cases that come out of Connecticut or Maine, mainly because these are the only two states that I might practice in.
So what’s the final product?
Your final product, believe it or not, should be NO MORE THAN 2 PAGES LONG! Think of it this way, if you can’t explain the case in a page or two, how are you going to be able to condense it even more for your outline? Essentially, what you’re doing is reading the long version of the case, highlighting and then condensing. Then when you brief the case, you’re only taking down the highlights and making the case as simple as possible. When you have to outline (which is another topic in itself… it’s going to take me a while to get that one down), you’re taking the condensed material and condensing it even further. You’ll turn a page or two into a few sentences! That’s why I point out the fact that it’s hard to see the forest for the trees through the semester. It’s easy to get caught up thinking about one particular case as it stands alone… but you have to think of the big picture the whole time, otherwise you’ll lose sight of why that case is important in the first place!
If you’re concerned that you don’t know how to brief or that the professor keeps pointing out things that you didn’t pick up when you read the case, DON’T WORRY! It takes months to finally learn what each particular class/professor hones in on, and it takes a lot of time to be able to spot issues. This, however, is what lawyers get paid to do… spot issues! You’ll be able to do it in everyday life soon enough, and it’ll start getting easier and easier as time goes by. If you want to compare your briefs to what other students or professionals come up with, look at the posts below regarding class-specific briefing sites. In addition, you can always buy books that have nothing but briefs in them (they’re usually “keyed to” specific casebooks… again, you’ll find more information in the following posts).
If you get through a couple of weeks and still don’t think you’ve got the hang of how to brief, my advice is to talk to the professor in the class that you’re having trouble with. If it’s briefing in general that you’re having trouble with, talk to our writing specialist (I forget her name at the moment, but you will most definitely hear her name mentioned on more than one occasion in your orientation and in the first couple of weeks of classes). She’s there to help you understand this stuff because let’s face it, not everyone comes from an Ivy League school with a great writing background! Don’t be ashamed to ask for help when you need it. That being said, upperclassmen are always there to help you as well (myself included). We’ve been through it, we know what frustrates students and how we overcame the confusion… seek us out!
What It's REALLY Like...
Have you ever seen The Paper Chase by James Bridges? It’s a movie based on a novel by John Jay Osborne Jr. that highlights the unique experience of being a first year law student. Although it came out in 1973, and it’s based on the experience of a Harvard Law student, there are several aspects of that movie that remain true today. While there aren’t many professor Kingsfields around anymore and the attire has most definitely changed, the personalities you find, the relationships you build, and the experiences that you go through are very similar. It’s difficult, it’s stressful, and it’s like nothing you’ve ever experienced. That being said, you’ll be thankful for every minute you’re at Quinnipiac Law.
So what should you make of all the romanticized notions of law school? Everyone hears about the Socratic Method and studying until you can’t keep your eyes open, but is that the complete truth? No. There is a lot of studying, and some professors still practice what is loosely called the Socratic Method, but law school isn’t made to break you like it was back in the 1970’s. You won’t hear any professors say, as Professor Kingsfield said to one of the brightest students in his class: “Mister Hart, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer.” If that was said to a 1L today, believe me, that student probably did something far worse than failing to answer a question!
The amount of “homework” that you have depends on the professors you have and how in-depth you’re willing to go with your studies. I say “homework” because law school isn’t like college in that we’re never given homework assignments or grades; you’re merely responsible for doing the reading, and if you don’t do the reading, you fall behind! Some professors will assign 3 or 4 cases for you to read for the next class. Now you could simply read those cases (maybe amounting to 15 pages) and call it quits for the night, but that’s not what you SHOULD do. What you should do is read all the cases, the note cases that those cases mention (at least going into westlaw or lexis and reading the major holdings of the cases), and read the related sections in your examples and explanations book (E&E), Hornbook, or Nutshell. This way you’ll know the topic of the law and not merely how it applies to just one or two cases. This, however, is not necessary… but believe me, it’ll definitely help when you’re studying for finals.
When I say “note cases,” I don’t mean every single case that is cited in the reading… that would take forever! After each case or each section of cases, there will be a “Notes” section or “Problems” section. The cases that are part of notes sections usually point out what is important about the case, so you don’t usually have to go any further than that. But problems sections, however, aren’t so generous. Normally you’ll get something like: “Adam, a PGA tour golfer, went golfing at a small town course one day and noticed a big sign from Bob’s Buick (a car dealership) offering a brand new Buick LaCrosse to anyone who could shoot a hole in one on Hole #5 that day. Adam shot a hole in one on #5, but when he went to Bob to collect his prize, Bob said that PGA tour professionals were not eligible to get the prize. Should Adam get the new car? See Player v. Dealership, 394 F.2d 123”. In order to see how the case would turn out, you should log into westlaw or lexis and find out! The court’s reasoning would also be useful to look at as well, mainly because there are some seemingly straightforward results hat have a very weird rationale behind them. And for those of you who are curious, the golfer probably wins!
If you do have problems understanding cases or concepts, the professors are always there and truly do have an “open door” policy. Most professors will give out their e-mail address at the start of the semester and really encourage students to either stop by their office or call if they have any issues. All of the professors here are incredibly genuine, and each one truly aims to shape you into someone who will do justice to the profession (no pun intended). It might be odd to think about now, but even when you have a “tough” professor, they’re probably helping you more than you know. Do you think the judges you’ll be standing in front of or your future opposing counsel will say “oh, it’s ok if you don’t know the facts of that case… I’ll tell you what you need to know”? No way! You’ll learn that you have to do the work; it will get easier the more you do it, and you will have the support of your professors and classmates when those difficult concepts arise.
Considering the classmates you’ll get to know, rest assured that you’ll be able to find people you can get along with; after all, it takes a certain kind of person to get into law school. During our first-year orientation, Dean King pointed out something that is easy to forget when you’re lost in the shuffle: we’re all incredibly bright students. We all work incredibly hard, we’ve all done incredible things, and we all belong here. So when you’re sitting next to someone new in class, get to know them a bit; I guarantee you’ll learn something new. Maybe you’ll establish a friendship that’ll get you out of trouble later!
As for the rest of your life in law school, well believe me it isn’t as bad as people make it out to be. When you’re done studying you’ll still have time to go out with your friends and family, and maybe you might have a couple seconds for yourself! The reading and research we have to do can be overwhelming unless you have a social life and something to relieve a bit of stress, so make sure you budget a bit extra for going to concerts, comedy shows, skiing, golf, shopping… whatever takes the edge off. There’s plenty to do locally, and we’re pretty close to Boston and New York as well.
For right now, just know that you’ll laugh at the LSAT’s once you get here, you’ll be just as nervous as everyone else coming in, and you’ll fit right in with the rest of us. Make sure you talk to professors and other students as much as you can because we’re all here to help you out. Every professor is willing to mentor students because, well, it’s their job! On top of that, all upperclassmen were in the position you’ll be in, and we all have lots of tips and tricks that we might be willing to share… like the ones in these posts!
So what should you make of all the romanticized notions of law school? Everyone hears about the Socratic Method and studying until you can’t keep your eyes open, but is that the complete truth? No. There is a lot of studying, and some professors still practice what is loosely called the Socratic Method, but law school isn’t made to break you like it was back in the 1970’s. You won’t hear any professors say, as Professor Kingsfield said to one of the brightest students in his class: “Mister Hart, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer.” If that was said to a 1L today, believe me, that student probably did something far worse than failing to answer a question!
The amount of “homework” that you have depends on the professors you have and how in-depth you’re willing to go with your studies. I say “homework” because law school isn’t like college in that we’re never given homework assignments or grades; you’re merely responsible for doing the reading, and if you don’t do the reading, you fall behind! Some professors will assign 3 or 4 cases for you to read for the next class. Now you could simply read those cases (maybe amounting to 15 pages) and call it quits for the night, but that’s not what you SHOULD do. What you should do is read all the cases, the note cases that those cases mention (at least going into westlaw or lexis and reading the major holdings of the cases), and read the related sections in your examples and explanations book (E&E), Hornbook, or Nutshell. This way you’ll know the topic of the law and not merely how it applies to just one or two cases. This, however, is not necessary… but believe me, it’ll definitely help when you’re studying for finals.
When I say “note cases,” I don’t mean every single case that is cited in the reading… that would take forever! After each case or each section of cases, there will be a “Notes” section or “Problems” section. The cases that are part of notes sections usually point out what is important about the case, so you don’t usually have to go any further than that. But problems sections, however, aren’t so generous. Normally you’ll get something like: “Adam, a PGA tour golfer, went golfing at a small town course one day and noticed a big sign from Bob’s Buick (a car dealership) offering a brand new Buick LaCrosse to anyone who could shoot a hole in one on Hole #5 that day. Adam shot a hole in one on #5, but when he went to Bob to collect his prize, Bob said that PGA tour professionals were not eligible to get the prize. Should Adam get the new car? See Player v. Dealership, 394 F.2d 123”. In order to see how the case would turn out, you should log into westlaw or lexis and find out! The court’s reasoning would also be useful to look at as well, mainly because there are some seemingly straightforward results hat have a very weird rationale behind them. And for those of you who are curious, the golfer probably wins!
If you do have problems understanding cases or concepts, the professors are always there and truly do have an “open door” policy. Most professors will give out their e-mail address at the start of the semester and really encourage students to either stop by their office or call if they have any issues. All of the professors here are incredibly genuine, and each one truly aims to shape you into someone who will do justice to the profession (no pun intended). It might be odd to think about now, but even when you have a “tough” professor, they’re probably helping you more than you know. Do you think the judges you’ll be standing in front of or your future opposing counsel will say “oh, it’s ok if you don’t know the facts of that case… I’ll tell you what you need to know”? No way! You’ll learn that you have to do the work; it will get easier the more you do it, and you will have the support of your professors and classmates when those difficult concepts arise.
Considering the classmates you’ll get to know, rest assured that you’ll be able to find people you can get along with; after all, it takes a certain kind of person to get into law school. During our first-year orientation, Dean King pointed out something that is easy to forget when you’re lost in the shuffle: we’re all incredibly bright students. We all work incredibly hard, we’ve all done incredible things, and we all belong here. So when you’re sitting next to someone new in class, get to know them a bit; I guarantee you’ll learn something new. Maybe you’ll establish a friendship that’ll get you out of trouble later!
As for the rest of your life in law school, well believe me it isn’t as bad as people make it out to be. When you’re done studying you’ll still have time to go out with your friends and family, and maybe you might have a couple seconds for yourself! The reading and research we have to do can be overwhelming unless you have a social life and something to relieve a bit of stress, so make sure you budget a bit extra for going to concerts, comedy shows, skiing, golf, shopping… whatever takes the edge off. There’s plenty to do locally, and we’re pretty close to Boston and New York as well.
For right now, just know that you’ll laugh at the LSAT’s once you get here, you’ll be just as nervous as everyone else coming in, and you’ll fit right in with the rest of us. Make sure you talk to professors and other students as much as you can because we’re all here to help you out. Every professor is willing to mentor students because, well, it’s their job! On top of that, all upperclassmen were in the position you’ll be in, and we all have lots of tips and tricks that we might be willing to share… like the ones in these posts!
General Tips for your 1L Year
For starters, I'll give you a few general tips for everyday concerns:
Parking can be a pain if you're the kind of student that likes to come in the second class starts because we share all of our parking lots with the undergraduates. There are, however, ways to avoid having to walk all the way from the soccer fields!
First, you can always get here early. The parking lot immediately to the right of the entrance (between the security booth and the carpool lot) is very convenient, but it fills up by about 7:30. Always keep an eye to the right to see if someone has left an empty space there.
Second, carpooling is an excellent way to get a close space and save gas. Just make friends and find someone who lives close to you... I"m sure they'll be amped about gassing up 1/2 as often.
Third, we do have the HOGAN LOT. If you're coming from Whitney Ave, go past the main entrance and take the next road on your right... it's just past the main lot. This is convenient because the bus will take you directly to the law school (I do this any day it rains that way I can stay dry). The downside is that the bus can take a while if you like to stay after class for a while: normally the buses come by once every 5 minutes, but after around 3:00, they come about every 10 minutes or so.
Fourth, although I do not endorse this in any way, I've seen people drive through the main lot searching for classmates to pick up and slide right into the carpool lot! I think campus security is catching on though... they usually have a white patrol SUV stationed at the far end of the lot now (the guard is probably sleeping though haha).
We're still trying to get dedicated law student parking, but it's not going to happen because, well, the University doesn't think we're as special as we know we are! lol
Next, know that there is NO dress code. The first couple of weeks, everybody overdresses a bit because, well, we all want to impress each other (and we're all proud peacocks when we first get here lol). After a couple of weeks, that wears down quickly, and you'll probably see most people wearing roughly what we all wore in college.
That being said, you shouldn't show up to class in pajamas or sweats… you’re not in college anymore, but hey... we're all adults, so you should make that call! I’m not saying dress like a prep all the time... I still wear flannel and jeans to class (hey, I’m from Maine… I need to represent lol), but have a bit of respect for yourself and keep in mind that you're constantly representing this institution. Let's put it this way... what happens when you meet, say, an attorney who simply drops by campus to talk to an old professor. If they stop and talk to you by chance, they won't have to look at bedhead/PJs and second guess where this institution is going!
Social events are always a great idea to branch out and meet some people, and QU Law is known for throwing some pretty good ones!
The main event, which is comparable to a high school prom, is the Barrister's Ball. It's a chance for girls to get glitzed-up, and guys to get spiffed out, and there is an OPEN BAR! Of course, I would highly suggest using a bit of self restraint so you don't get blitzed in front of your classmates, but again, you're an adult... make the call! Many people that went got a hotel room (or pooled together and bought one), and many people also pooled their money together and got a van-pool going so that no one had to take taxis back or suffer the fate of being the DD! If this is your type of event, save up some money (I think it was about $120 for 2 people) and have a good time!
Then there's the Public Interest Law Project Auction (PILP Auction). This is where professors, classmates, and alums come in and auction off services, goods, and other items. This past year, the Meyers hosted a hike up Sleeping Giant, Professor Farrel hosted his Irish sing-along at his house (dinner and drinks included), and we even had a NY Giants football autographed by all the players. Unfortunately, I could not attend... but I heard it was a great time. This is the one that you can't miss, so try and save up a bit of money. My classmates came up with a good trick though (although I'm sure it's not a novel idea): pool your money together for an item and share it. A couple of my friends purchased dinner with one of my professors and all had a great time at only $20 a piece. The key to this event is simple: socialization! The professors like getting to know us, so if there's one professor that you think you want to get to know a little better, purchase whatever item they have up for auction (alone or with friends).
Informational meetings are very common throughout the year and are a great way to learn a bit more about different areas of the law. Some that I can think of off the top of my head: health law, solo-practice, family law, environmental law, "what I wish I had known", and many others. These meetings are usually hosted by at least 3 attorneys or judges in the topic field, and are normally done by QU Law grads as well. Most of them practice right locally, so it's a good chance to see how the market is before you're even looking for a job. Make sure you ask questions and get email addresses... you'll probably have questions after the meeting as well. Most of the time the school provides free pizza too, which is always good bait for broke law students!
The last type of event I can think of is the networking event. QU Law hosts a lot of networking events where they bring in alumni and attorneys who live locally to either talk about the field that they're in or search for potential interns. Whenever you go (which you should), here's a few tips:
1) Always dress to the 9's! This is where you get to dress like you're a lawyer, so make sure you take the opportunity to look your best. Guys: no scruff! Either fully grow out a beard/mustache or shave that morning... the 5-o'clock thing looks cool when you're our age, but not to professionals. Girls: no crazy colors! We're in a fairly conservative field now, and bold colors will do well to draw attention, but may do so too well. These are NOT my tips, these come from our professors and alumni... I just remember them from orientation.
2) Bring current copies (about 10) of your resume. Get card-stock quality paper (either white or cream colored), and make sure it's up-to-date and looking good. You'll get lots of advise on resumes this upcoming year, so I'll leave resume-building to the pros!
3) Get BUSINESS CARDS! This is one of the best investments you'll make your first year... they make you look professional, dedicated, and motivated to network and socialize. The school offers some, but they're a bit plain for my taste. I went to www.vistaprint.com, ordered I think 250 (which is plenty), and they came out great. Here's what you should put on them: Name, address, phone number, email, "Law Student", "Quinnipiac University School of Law". Here's what mine looks like:
It's also a good idea to get a business folder with a legal pad inside. The one that I have has a pocket on one side for holding my resume, a small pocket for an I.D. which I use for a business card holder, a pen holder in the middle, and a legal pad on the other side. I usually bring this to interviews and networking events... why, you ask? Well think of it this way: if you're holding 10 resumes, some business cards, a pen, and something to write on... you look like you're looking for any job, not THAT job. Having all of this concealed in a folder is much more discrete, and looks very professional.
In that same vein, it's a good idea to get a briefcase. I never though I'd use one, but working in an actual law office means that you can't use a backpack and not feel ridiculous! Make sure you get one that will fit your laptop though... you'll probably use it in your 3rd year (although I don't see many students with briefcases, we do have days where we need to dress up and you won't want to wrinkle your suit).
Next, there are a few points that are easily overlooked when you're entering into such a new environment... but don't lose sight of the big picture:
Make sure you’re DOING THINGS EFFICIENTLY. There’s a right way to do things and a wrong way to do things… unfortunately it’s impossible to know if you’re wasting your time when you’re in the thick of it all. Make sure you see the “forest” as you progress through the semester. Getting the big picture is key to understanding, so here’s what I suggest:
Look at where you are in accordance with the table of contents of your book. As you read a case, keep in mind what section of the book you’re in. So, for example, if you’re currently in the remedies section in your Contracts class, you probably don’t have to worry too much about offer and acceptance as a case in the remedies section will have to do with… you guessed it, remedies! I know that is very obvious to some, but it’s not to everyone.
There is a right way to outline and a wrong way to outline. Putting every single piece of information from the entire semester in your outline definitely won’t be beneficial when you’re trying to study for finals, so you have to learn to condense the information. With that in mind, I should point out that everyone is of a different ability level. If you know the major concepts, it might be beneficial to make sure you understand the minute details, and thus your outline might be a bit long compared to some of your classmates' outlines.
You have to know when to take notes and when to just listen in class. This has to be judged according to each class and with each professor - you can’t take down everything said in class (especially when your classmates provide the answers). The best thing you can do is to take notes when the professor emphasizes some fact or opinion in the case. You’ll be able to tell exactly when this is after a week or two, and you should always bear in mind what topics you’ll be talking about that day as the professor is likely to highlight the important parts of that topic.
While we’re talking about notes, there is also a way to take notes so that they’ll actually be useful to you at the end of the semester. Here’s what happened to me and why you should avoid it:
What happens when you take notes for the day in one document file, your brief is in another, and your outline is in another? You’ve got a lot of different documents to look at by the end of the semester! It’s a huge pain to have to go back and consolidate everything, so here’s what I did (but there are different ways to do it which you might consider):
Option #1: Organize your notes by topic, one word document per topic. This “topic” is usually one of the sections in the table of contents in the book. This keeps things separate enough so that you’re not going to have to scroll through 500 pages to find something, but long enough where you can see the whole picture as to that topic. If you decide to do briefs (which you should), I would advise doing them SEPARATELY (one word document for each brief) only because the document will be gigantic if you have 15 briefs and all of your notes in the same place. Your class notes should go in the topic document, and then you should reference where each case comes into play. As you discuss the cases, change things in your brief and put things in the topic document. UPDATE: After completing my 3 years at QU Law, I have come to realize that this is the best way to take notes. Some, including myself 2 years ago, might disagree and argue that either of the options below is better b/c it helps you organize your thoughts for each class, the problem is that you can easily lose the big picture. Furthermore, when it comes time to create your outline, you'll pretty much be done b/c you'll just have to trim down your notes!
Option #2: Organize your notes in your briefs, each brief being its own document. This works well for a class like Torts or Contracts, and maybe even Criminal Law, but it will NOT work for a class like Constitutional law (only because Con Law isn’t about the cases individually per se, it’s about the cases and how the law is evolving). The nice part about doing it this way is that your notes will be right with the cases, and you won’t have to go back and forth between documents at all. Then, when the semester is over, you just have to print out your briefs in order and you’ve got a master copy to look at. The downside to this option is that each case becomes its own tree, if you will, and you're not getting the big picture.
Option #3: Use a program like Microsoft One Note and organize everything like a book. I’ve never personally done this, but I’ve seen it work well for others. If you know how to use One Note, it’s nice because you can record audio files for lectures (which really isn’t necessary) and basically have a book at the end of the semester.
IT'S IMPORTANT TO ALWAYS BACK UP YOUR FILES! My computer crashed 2 months into my first semester, but fortunately for me, I use an external hard drive on a weekly basis. One of my classmates wasn’t so lucky… she lost everything 2 weeks before finals (fortunately she had good friends that gave her all their notes).
Realize that you’re a professional now:
Treat others the way you want to be treated… it does no good to make enemies now when you’ll probably be working with your peers soon. That being said, offer your notes to peers that miss class every now and again, get to know people, form friendships…etc. I know we've all got big egos here, and I know it's difficult to want others to succeed with you... but we will all be QU Law graduates eventually, and we should all make sure that every student coming out of this place upholds the reputation.
Don’t show up to class late! Would you show up to a job interview 15 minutes late and expect your interviewer not to be at least mildly upset? No! Respect your professors enough to show up on time… they’re on time for you. It’s really not hard to get a routine down, and if you can’t, then just plan on always getting to school an hour early or so (I know, this means sacrificing some sleep… sorry).
Clean up your facebook, myspace, twitter, or whatever other page you might have out there for the world to see. Employers, classmates, and professors can all see things on your profile. If you have pictures of that night in Mexico that you don’t remember… probably time to take those down! By that same token, be careful what you post, and be careful what people post on your profile. You can lose a lot of respect fairly quickly and with little effort on your part, so keep an eye on how the world sees you. I cannot stress this point enough... please be careful with Facebook!
Get to know your professors, they’re a valuable resource. Our professors take a tremendous amount of pride in our school, and they want to make sure that they’re conveying concepts clearly and that everyone understands the material. If you’re struggling, at least e-mail them and ask questions. The best thing you can do, however, is to meet with them in person every now and again. Believe me, they will take the time to explain those difficult concepts to you, and you’ll be thankful you took the time when finals come around! Many professors will even go out of their way to review your outline for the semester or review your class notes from a lecture or two just so you can be sure that you're taking down the right information. They're here to help us, and they really want to make sure we succeed!
Parking can be a pain if you're the kind of student that likes to come in the second class starts because we share all of our parking lots with the undergraduates. There are, however, ways to avoid having to walk all the way from the soccer fields!
First, you can always get here early. The parking lot immediately to the right of the entrance (between the security booth and the carpool lot) is very convenient, but it fills up by about 7:30. Always keep an eye to the right to see if someone has left an empty space there.
Second, carpooling is an excellent way to get a close space and save gas. Just make friends and find someone who lives close to you... I"m sure they'll be amped about gassing up 1/2 as often.
Third, we do have the HOGAN LOT. If you're coming from Whitney Ave, go past the main entrance and take the next road on your right... it's just past the main lot. This is convenient because the bus will take you directly to the law school (I do this any day it rains that way I can stay dry). The downside is that the bus can take a while if you like to stay after class for a while: normally the buses come by once every 5 minutes, but after around 3:00, they come about every 10 minutes or so.
Fourth, although I do not endorse this in any way, I've seen people drive through the main lot searching for classmates to pick up and slide right into the carpool lot! I think campus security is catching on though... they usually have a white patrol SUV stationed at the far end of the lot now (the guard is probably sleeping though haha).
We're still trying to get dedicated law student parking, but it's not going to happen because, well, the University doesn't think we're as special as we know we are! lol
Next, know that there is NO dress code. The first couple of weeks, everybody overdresses a bit because, well, we all want to impress each other (and we're all proud peacocks when we first get here lol). After a couple of weeks, that wears down quickly, and you'll probably see most people wearing roughly what we all wore in college.
That being said, you shouldn't show up to class in pajamas or sweats… you’re not in college anymore, but hey... we're all adults, so you should make that call! I’m not saying dress like a prep all the time... I still wear flannel and jeans to class (hey, I’m from Maine… I need to represent lol), but have a bit of respect for yourself and keep in mind that you're constantly representing this institution. Let's put it this way... what happens when you meet, say, an attorney who simply drops by campus to talk to an old professor. If they stop and talk to you by chance, they won't have to look at bedhead/PJs and second guess where this institution is going!
Social events are always a great idea to branch out and meet some people, and QU Law is known for throwing some pretty good ones!
The main event, which is comparable to a high school prom, is the Barrister's Ball. It's a chance for girls to get glitzed-up, and guys to get spiffed out, and there is an OPEN BAR! Of course, I would highly suggest using a bit of self restraint so you don't get blitzed in front of your classmates, but again, you're an adult... make the call! Many people that went got a hotel room (or pooled together and bought one), and many people also pooled their money together and got a van-pool going so that no one had to take taxis back or suffer the fate of being the DD! If this is your type of event, save up some money (I think it was about $120 for 2 people) and have a good time!
Then there's the Public Interest Law Project Auction (PILP Auction). This is where professors, classmates, and alums come in and auction off services, goods, and other items. This past year, the Meyers hosted a hike up Sleeping Giant, Professor Farrel hosted his Irish sing-along at his house (dinner and drinks included), and we even had a NY Giants football autographed by all the players. Unfortunately, I could not attend... but I heard it was a great time. This is the one that you can't miss, so try and save up a bit of money. My classmates came up with a good trick though (although I'm sure it's not a novel idea): pool your money together for an item and share it. A couple of my friends purchased dinner with one of my professors and all had a great time at only $20 a piece. The key to this event is simple: socialization! The professors like getting to know us, so if there's one professor that you think you want to get to know a little better, purchase whatever item they have up for auction (alone or with friends).
Informational meetings are very common throughout the year and are a great way to learn a bit more about different areas of the law. Some that I can think of off the top of my head: health law, solo-practice, family law, environmental law, "what I wish I had known", and many others. These meetings are usually hosted by at least 3 attorneys or judges in the topic field, and are normally done by QU Law grads as well. Most of them practice right locally, so it's a good chance to see how the market is before you're even looking for a job. Make sure you ask questions and get email addresses... you'll probably have questions after the meeting as well. Most of the time the school provides free pizza too, which is always good bait for broke law students!
The last type of event I can think of is the networking event. QU Law hosts a lot of networking events where they bring in alumni and attorneys who live locally to either talk about the field that they're in or search for potential interns. Whenever you go (which you should), here's a few tips:
1) Always dress to the 9's! This is where you get to dress like you're a lawyer, so make sure you take the opportunity to look your best. Guys: no scruff! Either fully grow out a beard/mustache or shave that morning... the 5-o'clock thing looks cool when you're our age, but not to professionals. Girls: no crazy colors! We're in a fairly conservative field now, and bold colors will do well to draw attention, but may do so too well. These are NOT my tips, these come from our professors and alumni... I just remember them from orientation.
2) Bring current copies (about 10) of your resume. Get card-stock quality paper (either white or cream colored), and make sure it's up-to-date and looking good. You'll get lots of advise on resumes this upcoming year, so I'll leave resume-building to the pros!
3) Get BUSINESS CARDS! This is one of the best investments you'll make your first year... they make you look professional, dedicated, and motivated to network and socialize. The school offers some, but they're a bit plain for my taste. I went to www.vistaprint.com, ordered I think 250 (which is plenty), and they came out great. Here's what you should put on them: Name, address, phone number, email, "Law Student", "Quinnipiac University School of Law". Here's what mine looks like:
It's also a good idea to get a business folder with a legal pad inside. The one that I have has a pocket on one side for holding my resume, a small pocket for an I.D. which I use for a business card holder, a pen holder in the middle, and a legal pad on the other side. I usually bring this to interviews and networking events... why, you ask? Well think of it this way: if you're holding 10 resumes, some business cards, a pen, and something to write on... you look like you're looking for any job, not THAT job. Having all of this concealed in a folder is much more discrete, and looks very professional.
In that same vein, it's a good idea to get a briefcase. I never though I'd use one, but working in an actual law office means that you can't use a backpack and not feel ridiculous! Make sure you get one that will fit your laptop though... you'll probably use it in your 3rd year (although I don't see many students with briefcases, we do have days where we need to dress up and you won't want to wrinkle your suit).
Next, there are a few points that are easily overlooked when you're entering into such a new environment... but don't lose sight of the big picture:
Make sure you’re DOING THINGS EFFICIENTLY. There’s a right way to do things and a wrong way to do things… unfortunately it’s impossible to know if you’re wasting your time when you’re in the thick of it all. Make sure you see the “forest” as you progress through the semester. Getting the big picture is key to understanding, so here’s what I suggest:
Look at where you are in accordance with the table of contents of your book. As you read a case, keep in mind what section of the book you’re in. So, for example, if you’re currently in the remedies section in your Contracts class, you probably don’t have to worry too much about offer and acceptance as a case in the remedies section will have to do with… you guessed it, remedies! I know that is very obvious to some, but it’s not to everyone.
There is a right way to outline and a wrong way to outline. Putting every single piece of information from the entire semester in your outline definitely won’t be beneficial when you’re trying to study for finals, so you have to learn to condense the information. With that in mind, I should point out that everyone is of a different ability level. If you know the major concepts, it might be beneficial to make sure you understand the minute details, and thus your outline might be a bit long compared to some of your classmates' outlines.
You have to know when to take notes and when to just listen in class. This has to be judged according to each class and with each professor - you can’t take down everything said in class (especially when your classmates provide the answers). The best thing you can do is to take notes when the professor emphasizes some fact or opinion in the case. You’ll be able to tell exactly when this is after a week or two, and you should always bear in mind what topics you’ll be talking about that day as the professor is likely to highlight the important parts of that topic.
While we’re talking about notes, there is also a way to take notes so that they’ll actually be useful to you at the end of the semester. Here’s what happened to me and why you should avoid it:
What happens when you take notes for the day in one document file, your brief is in another, and your outline is in another? You’ve got a lot of different documents to look at by the end of the semester! It’s a huge pain to have to go back and consolidate everything, so here’s what I did (but there are different ways to do it which you might consider):
Option #1: Organize your notes by topic, one word document per topic. This “topic” is usually one of the sections in the table of contents in the book. This keeps things separate enough so that you’re not going to have to scroll through 500 pages to find something, but long enough where you can see the whole picture as to that topic. If you decide to do briefs (which you should), I would advise doing them SEPARATELY (one word document for each brief) only because the document will be gigantic if you have 15 briefs and all of your notes in the same place. Your class notes should go in the topic document, and then you should reference where each case comes into play. As you discuss the cases, change things in your brief and put things in the topic document. UPDATE: After completing my 3 years at QU Law, I have come to realize that this is the best way to take notes. Some, including myself 2 years ago, might disagree and argue that either of the options below is better b/c it helps you organize your thoughts for each class, the problem is that you can easily lose the big picture. Furthermore, when it comes time to create your outline, you'll pretty much be done b/c you'll just have to trim down your notes!
Option #2: Organize your notes in your briefs, each brief being its own document. This works well for a class like Torts or Contracts, and maybe even Criminal Law, but it will NOT work for a class like Constitutional law (only because Con Law isn’t about the cases individually per se, it’s about the cases and how the law is evolving). The nice part about doing it this way is that your notes will be right with the cases, and you won’t have to go back and forth between documents at all. Then, when the semester is over, you just have to print out your briefs in order and you’ve got a master copy to look at. The downside to this option is that each case becomes its own tree, if you will, and you're not getting the big picture.
Option #3: Use a program like Microsoft One Note and organize everything like a book. I’ve never personally done this, but I’ve seen it work well for others. If you know how to use One Note, it’s nice because you can record audio files for lectures (which really isn’t necessary) and basically have a book at the end of the semester.
IT'S IMPORTANT TO ALWAYS BACK UP YOUR FILES! My computer crashed 2 months into my first semester, but fortunately for me, I use an external hard drive on a weekly basis. One of my classmates wasn’t so lucky… she lost everything 2 weeks before finals (fortunately she had good friends that gave her all their notes).
Realize that you’re a professional now:
Treat others the way you want to be treated… it does no good to make enemies now when you’ll probably be working with your peers soon. That being said, offer your notes to peers that miss class every now and again, get to know people, form friendships…etc. I know we've all got big egos here, and I know it's difficult to want others to succeed with you... but we will all be QU Law graduates eventually, and we should all make sure that every student coming out of this place upholds the reputation.
Don’t show up to class late! Would you show up to a job interview 15 minutes late and expect your interviewer not to be at least mildly upset? No! Respect your professors enough to show up on time… they’re on time for you. It’s really not hard to get a routine down, and if you can’t, then just plan on always getting to school an hour early or so (I know, this means sacrificing some sleep… sorry).
Clean up your facebook, myspace, twitter, or whatever other page you might have out there for the world to see. Employers, classmates, and professors can all see things on your profile. If you have pictures of that night in Mexico that you don’t remember… probably time to take those down! By that same token, be careful what you post, and be careful what people post on your profile. You can lose a lot of respect fairly quickly and with little effort on your part, so keep an eye on how the world sees you. I cannot stress this point enough... please be careful with Facebook!
Get to know your professors, they’re a valuable resource. Our professors take a tremendous amount of pride in our school, and they want to make sure that they’re conveying concepts clearly and that everyone understands the material. If you’re struggling, at least e-mail them and ask questions. The best thing you can do, however, is to meet with them in person every now and again. Believe me, they will take the time to explain those difficult concepts to you, and you’ll be thankful you took the time when finals come around! Many professors will even go out of their way to review your outline for the semester or review your class notes from a lecture or two just so you can be sure that you're taking down the right information. They're here to help us, and they really want to make sure we succeed!
What they Don't Want You to Know!
Why is it that one company, selling the exact same product to the exact same market, can do so well in comparison to its competitors? The answer isn’t just luck; it’s usually because of a few well kept trade secrets. A generous supplier here, a dedicated customer there and you’ve got a company that will do well in the market. Well law school is, in effect, exactly the same. The more ins you have in this business, the better you do in the market. The only disadvantage is that one usually doesn’t have any of these trade secrets to start off. One thing that you won’t find in business, however, is a seasoned competitor willing to divulge his or her trade secrets in order to help you out. Fortunately for you, this is not a business, and I’m not one of your competitors!
Here are a few of my “trade secrets” to help you through your first year. A word to the wise though: DO NOT use these as a way to cut corners! We all know those individuals who rely on the easy way a bit too much in life, and we all know what happens to them in the end, don’t we?
Outlines are an incredibly valuable resource in law school. Creating your own is key to doing well (mainly because the process of condensing information helps you see the forest for the trees), but many students find it useful to have an additional outline to compare to their own. Finding FREE outlines is possible, but there are also websites that charge a small fee for downloading their professional or student-made outlines. If you want to find free outlines, just spend a little bit of time on Google with different word combinations. For example: ((your professor’s last name) + (class title) + “outline”) or ((title & edition of your book) + “outline”). You might come up with a few outlines, but I, like many others, resorted to buying mine.
www.outlinedepot.com is a decent site that actually features outlines created by fellow students (and a few from yours truly!), and you can actually find outlines tailored to your specific class! Hint: when you look for outlines on this site, it gives you only about 1 page to look at to decide if you want it or not. When all else fails, look at the size of the document file. There’s a good chance that the larger it is, the more in depth it is. Also, try to find outlines created by students that had the author of your book as a professor. I believe 4 outlines run about $30 total, but if you get a group of your closest friends together, you can split the cost and everyone’s happy!
Everyone talks about “briefing”. For those of you who don’t know, briefing is basically condensing a case into its most simple form: facts, procedural history, issue, rule of law, court’s reasoning, and decision. Online briefs are available, but pay attention to the sites you get them from. Some of the BEST sites are: www.lawnix.com (torts and constitutional law are covered very thoroughly), www.macabelegal.com (which is keyed to the civil procedure book that all 1Ls use at Quinnipiac), www.masteringcontracts.com (great for general concepts, but fairly light on briefs). One other site that is useful (to a certain extent) is www.books.google.com. If you search correctly, you might be able to find one of the “keyed to” books that has in-depth case briefs. Just search for the author of your textbook + the edition number and you might find something.The ones to BEWARE OF: 4lawschool.com (just an awful site, don’t trust a word), www.wikipedia.com (you’ll get a lot about the case, but it’s not organized in a way you’ll understand), www.audiocasefiles.com (very little information provided, and it's often wrong). When all else fails, we do have access to the best legal websites on the planet… www.westlaw.com and www.lexisnexis.com. These sites have “brief it” features that will give you the important holdings according to key number (for west) and shepards (for lexis). These are excellent if you want to know the bare-bones, black letter law… but it won’t do well to explain the case for you.
Nutshells, Hornbooks, and Examples & Explanations books are your friends! I know that it might be difficult to think that you might have to read more than what you’re assigned, but believe me, you’ll be glad that you did! Some of your professors will require you to get additional materials and then never assign any reading out of those books, but the trick is, you have to use these materials at will. If these additional materials are not assigned, you can and should buy them for the courses you think will be troublesome for you (you can normally gauge this about half-way through the semester), and even for those that aren't troublesome! When you do seek out Hornbooks and Nutshells, make sure you get one that is “keyed” to your book. This just means that the books will both be arranged the same way (for the most part).
One last study aid that will be particularly useful to all you computer-based learners out there is www.cali.org. There are a number of web-based lessons that use a series of multiple-choice questions to test your knowledge of a variety of subjects. While it's not extremely useful as it won't give you feedback on essays, it is useful to help you spot issues and learn why your reasoning is right/wrong with each question. You have to request QU's login password from the designated faculty member (the CALI website lists who that is), but it's free and can be a great study tool.
One tip that might not be so obvious… SACRIFICE SOME OF YOUR PERSONAL LIFE! You have to understand that this is a very difficult process, and you can’t be messing around every weekend and blowing off your reading! Skipping the reading means you’ll fall behind in class, which means you’ll fall behind on outlining, which means you’ll be playing catch-up around finals!
Try to form SMALL study groups (no more than 3 people in a group). A word of caution though: make sure your friends are of the same ability level as you are. It’s ok if one person is really good in one subject and you or someone else isn’t… it’s good to have someone to explain things to you. By that same token, it’s ok if you’re better at one subject as well. Just make sure that they’re not talking way above your head and you’re not talking way above theirs… no one will benefit because someone’s always playing catch-up. The reason the group needs to be small is so you don’t get easily distracted and start talking about unrelated things (which is pretty easy even with a group of 3).
Here are a few of my “trade secrets” to help you through your first year. A word to the wise though: DO NOT use these as a way to cut corners! We all know those individuals who rely on the easy way a bit too much in life, and we all know what happens to them in the end, don’t we?
Outlines are an incredibly valuable resource in law school. Creating your own is key to doing well (mainly because the process of condensing information helps you see the forest for the trees), but many students find it useful to have an additional outline to compare to their own. Finding FREE outlines is possible, but there are also websites that charge a small fee for downloading their professional or student-made outlines. If you want to find free outlines, just spend a little bit of time on Google with different word combinations. For example: ((your professor’s last name) + (class title) + “outline”) or ((title & edition of your book) + “outline”). You might come up with a few outlines, but I, like many others, resorted to buying mine.
www.outlinedepot.com is a decent site that actually features outlines created by fellow students (and a few from yours truly!), and you can actually find outlines tailored to your specific class! Hint: when you look for outlines on this site, it gives you only about 1 page to look at to decide if you want it or not. When all else fails, look at the size of the document file. There’s a good chance that the larger it is, the more in depth it is. Also, try to find outlines created by students that had the author of your book as a professor. I believe 4 outlines run about $30 total, but if you get a group of your closest friends together, you can split the cost and everyone’s happy!
Everyone talks about “briefing”. For those of you who don’t know, briefing is basically condensing a case into its most simple form: facts, procedural history, issue, rule of law, court’s reasoning, and decision. Online briefs are available, but pay attention to the sites you get them from. Some of the BEST sites are: www.lawnix.com (torts and constitutional law are covered very thoroughly), www.macabelegal.com (which is keyed to the civil procedure book that all 1Ls use at Quinnipiac), www.masteringcontracts.com (great for general concepts, but fairly light on briefs). One other site that is useful (to a certain extent) is www.books.google.com. If you search correctly, you might be able to find one of the “keyed to” books that has in-depth case briefs. Just search for the author of your textbook + the edition number and you might find something.The ones to BEWARE OF: 4lawschool.com (just an awful site, don’t trust a word), www.wikipedia.com (you’ll get a lot about the case, but it’s not organized in a way you’ll understand), www.audiocasefiles.com (very little information provided, and it's often wrong). When all else fails, we do have access to the best legal websites on the planet… www.westlaw.com and www.lexisnexis.com. These sites have “brief it” features that will give you the important holdings according to key number (for west) and shepards (for lexis). These are excellent if you want to know the bare-bones, black letter law… but it won’t do well to explain the case for you.
Nutshells, Hornbooks, and Examples & Explanations books are your friends! I know that it might be difficult to think that you might have to read more than what you’re assigned, but believe me, you’ll be glad that you did! Some of your professors will require you to get additional materials and then never assign any reading out of those books, but the trick is, you have to use these materials at will. If these additional materials are not assigned, you can and should buy them for the courses you think will be troublesome for you (you can normally gauge this about half-way through the semester), and even for those that aren't troublesome! When you do seek out Hornbooks and Nutshells, make sure you get one that is “keyed” to your book. This just means that the books will both be arranged the same way (for the most part).
One last study aid that will be particularly useful to all you computer-based learners out there is www.cali.org. There are a number of web-based lessons that use a series of multiple-choice questions to test your knowledge of a variety of subjects. While it's not extremely useful as it won't give you feedback on essays, it is useful to help you spot issues and learn why your reasoning is right/wrong with each question. You have to request QU's login password from the designated faculty member (the CALI website lists who that is), but it's free and can be a great study tool.
One tip that might not be so obvious… SACRIFICE SOME OF YOUR PERSONAL LIFE! You have to understand that this is a very difficult process, and you can’t be messing around every weekend and blowing off your reading! Skipping the reading means you’ll fall behind in class, which means you’ll fall behind on outlining, which means you’ll be playing catch-up around finals!
Try to form SMALL study groups (no more than 3 people in a group). A word of caution though: make sure your friends are of the same ability level as you are. It’s ok if one person is really good in one subject and you or someone else isn’t… it’s good to have someone to explain things to you. By that same token, it’s ok if you’re better at one subject as well. Just make sure that they’re not talking way above your head and you’re not talking way above theirs… no one will benefit because someone’s always playing catch-up. The reason the group needs to be small is so you don’t get easily distracted and start talking about unrelated things (which is pretty easy even with a group of 3).
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