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Barron's How to Succeed in Law School takes a look at various law school courses. Here it is the overview of the courses, law school ambience and its culture.
The curricula at most American law schools are comparable. In fact, the first year law school curriculum has not changed appreciably in the past one hundred years. At the same time, there are minor variations in course offerings from school to school, reflecting differences in educational philosophy and institutional tradition.
Most law school courses are offered as 2-, 3-, or 4-semester-hour courses. Full-time first year students take five or six courses for a total of 15-16 credit hours; part-time students generally take one or two fewer courses and 10-11 hours. At some schools, grades are based on an entire year's work for 4- to 6-hour courses. You will study some, if not all, of the following courses during the first year of law school. Some schools will defer certain courses until the second year or not require them at all.
The word tort comes from an old French term meaning wrong. Torts as a law school subject area refers to a series of legal actions and remedies against wrongdoers for injuries sustained.
Torts fall into three broad groups: intentional torts where an actor intends conduct that causes injury to another; negligence torts where an actor owing a duty to act with reasonable care toward another breaches that duty and causes injury resulting in damages; and strict liability torts where an actor causes injury to another without fault or intent but is held liable for policy reasons. You will study a number of distinct tort actions, including assault, battery, false imprisonment, and intentional infliction of emotional distress; negligence actions; misrepresentation; defamation; products liability; and privacy.
The Property course deals with the rights associated with the ownership of property. In the beginning of the course you will probably discuss the origins of property rights in Anglo- American law. You will study such tantalizing questions as who owns the rights to the meteorite: the farmer in whose field it fell or the guy walking down the road who saw it fall? Some of us are still trying to figure that one out. A small portion of the course is devoted to the law of personal property, but the bulk of the year will involve issues relating to real property, or land. In the first semester, you will devote considerable time to basic concepts such as estates in land, transferability of land, and title. Sometime during the year you will learn about future interests, those medieval devices for controlling the ownership of land beyond the life of the owner. In the second semester, you will deal with more modem concepts such as easements, zoning, and land use planning.
Contracts involves the study of the body of law governing the making and breaking of agreements. You will learn what it takes to create a binding contract with another party. You will spend considerable time discussing what happens when one of the parties breaks its promises, or breaches the contract. You will learn about liquidated damages, specific performance, express and implied warranties, and unilateral contracts. Much of the course will deal with the development of contracts in the commercial setting, including the "battle of forms" and substitution of statutory law in the form of the Uniform Commercial Code for the common law in many situations.
Civil Procedure refers to the rules by which the civil courts operate. Most Civil Procedure instructors utilize the Federal Rules of Civil Procedure in teaching their courses. Some of the course may touch upon historical material, such as the evolution of the English forms of action into the rules of procedure of today. Most of your time will be spent looking at such concepts as jurisdiction (including subject matter, personal, and diversity), standing, discovery, pleading, appeal, summary judgments, and numerous other provisions of the Rules. A substantial part of the course will address the Erie problem. The case of Erie Railroad v. Tompkins held that the federal courts, while applying federal procedural rules, must apply the substantive common law of the state. The ripples from this seemingly simple rule have extended far beyond the original case and have engrossed generations of judges, law professors, legal writers, and students (perhaps engrossed is too strong a word for the student response).
Many law schools require Constitutional Law during the first year. As the name suggests, Con Law deals with the enforcement of rights and duties established under the United States Constitution. Because there are so many constitutional issues, no two professors will emphasize exactly the same topics. You will look at some fundamental problems such as jurisdiction and standing, separation of powers, the commerce clause, and the privileges and immunities clause. You will deal with cases arising under the first, fifth, and fourteenth amendments as well as others. Perhaps most importantly, you will study the decision-making process in the United States Supreme Court from Chief Justice Marshall's power grab of judicial review in Marbury v. Madison to Chief Justice Rehnquist's reshaping the direction of the court in the 1980s.
Criminal Law is the law of crimes. For a good portion of this course, you will grapple with concepts such as intent, mens rea, and lesser included offenses. You will learn the basic elements of crimes you have known about all your life, and a few you have never heard of before. You will study such issues as the right to trial by jury, double jeopardy, the state's burden of proof, and conspiracy.
Although most law schools offer Professional Responsibility during the last year of law school, some require it during the second year, and a few the first. Professional Responsibility deals with the ethical obligations of the lawyer in representing clients. A few of the subjects you will cover in this course are: lawyer/client confidentiality, conflicts of interest, legal fees, advertising and solicitation of business, fitness to practice law, lawyer discipline, and candor to the tribunal. In a broader sense, however, professional responsibility addresses the role of the legal profession in society. What is a lawyer anyway? Are there limits on his or her conduct? Is law a business, a profession, or both? What is the role of the Bar Association? Can one be a good lawyer and a good person at the same time?
At every law school, there is a course known by a variety of names, but with a general aim of teaching you how to conduct legal research, draft legal briefs and memoranda, prepare and make oral arguments, and gain an understanding of a legal system. These courses are often much maligned by first-year students, but revered by lawyers who come to know the value of the skills they learned in that course. Legal Writing frequently requires a time commitment out of proportion with the amount of credit received. An important consideration during the course of the school year will be your ability to allocate time to Legal Writing in accordance with its relative importance and credit weight, and not to set aside work in other classes for research, writing, and advocacy projects.
Law students develop a special relationship with their first year teachers. It is not uncommon to experience a love/hate relationship with these professors. Later in law school you will wonder how you placed some of these individuals on such high pedestals. During the first semester of law school they will be like gods- not necessarily in their perfection of appearance, but in their seeming knowledge and omnipotence.
Many of those who become law teachers attained their positions by having done very well academically in law school. Additionally, many of them enter the profession after having served as judicial clerks for the United States Supreme Court or other prestigious tribunals. Increasingly, today, law teachers have some experience in the practice of law. They come from large law firms, corporations, and government agencies. All of them have made an affirmative decision to pursue a career in education, rather than one in a traditional area of law practice. Professors who worked in large law firms or possess more than a few years of experience probably have taken a considerable cut in pay to enter the teaching field. Although law professors as a group have a higher median income than the average of all lawyers, they probably could make more money doing something else.
Your classmates can be allies as well as foes during your struggle to master the first year of law school. They can help you to cope in a number of different ways. First, they can help you with assignments. If you happen to miss a class, you need to find someone whose notes you can review. If your own notes have gaps, you may be able to fill them with the help of someone else. If reading assignments or case citations are unclear, you should identify one or more people to call. Even though law school is a competitive environment, most students are willing to help out in this way, as long as their generosity is not abused.
You may study with one of more other students from time to time. Informal small group discussions are common even among students who do not organize formal study groups. In law school, a great amount of learning takes place outside the classroom, and to the extent that your out-of-class conversations are discussions begun during class, the learning process will continue.
If you have ever been to the zoo, you may recall watching a pride of lions or other large cats. The young ones will tussle and play endlessly. Sometimes Mom or Dad will play too, letting the kittens attack and snarl and slap. You know that the older cat can send the kittens flying with a flick of the paw, but they play along until they get bored. You know that the kittens are learning skills they will need as adults in the wild, and the big cats are helping in the process. You also know that the kittens learn from their mock battles with each other just as they do from Mom and Dad. In law school, the professors take on the role of the big cats, and you as kittens should learn from them. However, you should remember that you learn from the rest of the litter as well.
Your classmates can provide an outlet from the pressures of law school. Whether it involves coffee in the morning, eating lunch or dinner, exercising or working out, or partying, you need to socialize from time to time. Those of you who are married to people unconnected with the legal profession, and those who have jobs in non-legal settings may find it less difficult to break away from law school psychologically. On the other hand, it may be more difficult to find the time to get to know your classmates socially. If you don't want your families and coworkers to despise you because you talk about law all the time, you should try to make some time to get to know your fellow law students in a social setting.
There is an insidious downside to developing relationships with your classmates. Several caveats are in order. Law school is very competitive. Some students will help no one. Some students will promise help, but fail to deliver. Some will take far more than they give. Always remember that the admissions committee did not pick the first year class on the basis of integrity. Although you will meet some of the most honest and honorable people you could hope to know, you may also encounter others who would stoop to any depth to get ahead, and use any means to reach a desired end. Most of you will conclude that you are unwilling to lie, cheat, and steal in order to succeed in law school. Do not be so naive as to believe that everyone feels the same. Beware of the snakes in the grass, and pick your friends carefully.
Your classmates can exert considerable pressure not to succeed. A collective striving for mediocrity may seem to be the norm. Those who study too much talk too often in class, or don't get into the law school social scene may be branded as outsiders. You have had to deal with similar peer pressure since grade school. The point here is that the pressure to conform does not end in law school. You may have seen the gopher game at the boardwalk or midway. In this game, the gopher pops his head out of one of the number of round holes while the player, wielding a mallet, tries to knock him back into the hole again. If you imagine that the class is the midway player ready to knock down any gopher who has the audacity to stick his head up above the crowd, you get the picture.
One way the group may push you toward mediocrity is by encouraging you to socialize. Although occasional social activity is beneficial, too much can be the kiss of death. When study sessions deteriorate into bull sessions like you had when you were a freshman in college, when quick lunches extend into afternoon shopping trips, when an occasional class party becomes an evening ritual, then you will know you have exceeded the bounds of moderation.
Some semblance of self-discipline in the area of time management is absolutely essential. You must decide how much time you are willing to devote to personal and social activities, and live with that decision.
Socializing with other students can take on a more serious note: emotional involvement through love and dependency. Guess what? Law students fall in love. They fall in love with each other and with non-law students. It would be futile to say: "Don't fall in love." However, if you do, you will find yourself in turmoil. When you fall in love, your lover tends to become (at least during early stages of infatuation) all- important in your life. Unfortunately, so does law school. Justice Holmes once remarked that the law is a jealous mistress. This conflict appears in the play Phantom of the Opera. Christine, the heroine, is tom between her physical relationship with the Vicomte de Chegny and her passion to excel in her career represented by her relationship with the Phantom. It is interesting to note that the author of the book, Gaston Leroux, was himself a lawyer and may have understood the conflict in terms of the law.
A second dangerous emotional involvement is to buy into someone else's problems to the detriment of your own studies. Law students are not immune from the vagaries of life. Some of your friends will have serious problems while they are in school. The stress of law school may compound their anxiety. Some may turn to you to serve as an emotional crutch. In fact, some students are like magnets for those with problems. Lest your friend's difficulties drag you down, the best thing you can do is to get them to go to someone who can really help.
Upper Class Students
When you arrive at law school, you will find a place already populated by students who have gone before you. These upper class students will be ready and willing to regale you with tales of their own experiences in the first year, to give you the inside scoop on all the profs, and to share the definitive answers on what you need to do to get ahead. Some of them will want you to join their organizations, come to their parties, or buy their old books. They may seem like the smug but grizzled veterans joined in the field by some new recruits in the standard war movie: "Don't worry, kid; I'll show you what you need to do to get out of this place alive." Of course, in the movies, the guy who says that always seems to get killed.
The lesson to learn is to take everything you hear with a grain of salt. You will find out information that is useful. Every law school has a grapevine, and the news, if not always accurate, is at least entertaining. Some of your sources may prove better than others. So use what you can and discard the rest.
Consider the motivation of the upper class student who offers advice. Is this someone who just likes being a big shot? Someone who needs reaffirmation for his or her own decisions in law school (even if those choices have produced a record of mediocrity)? Someone who would like to ask you out? (Yes, this goes on in law school like everywhere else!) Someone who wants to sell you something (bar reviews, books, bar association memberships)? You do not have to shun all these people; just remember that they want something in return for their information. (In the words of Hannibal Lecter from The Silence of the Lambs, "Quid pro quo, Clarice.")
While casual advice should be approached with skepticism, it might be valuable to look for an upper class mentor. Such a person might well be someone who has similar interests, career aspirations, problems, or background. For example, a first year student with young children at home might encounter an upper class student who has gone through the same experience and survived. A mentor might be someone you happen to meet and become friendly with during the course of the year. Some schools even offer programs that assign upper class mentors to first year students. However it occurs that a true mentoring relationship develops, take advantage of it.
A mentor can help to guide you through the law school maze, talk to you when you are down, share your joy when you are flush with success, and set an example for you to follow. Mentoring relationships are built upon a foundation of common interest, molded by walls of trust, and covered by a protective roof of the experience of the mentor for the student. Mentoring relationships are common in the legal profession, not only in law school but in practice as well. To the extent that you find a good mentor, you will discover that the law school experience is a more palatable one.
The Law School Culture
Law school culture is unique, created in part by the intense experience of those involved, and in part by the insular setting of the law school itself. Because most law students did not attend undergraduate school at the university where they attend law school, they tend to have limited interaction with the university community generally. The law school on many campuses is set apart on the edge of campus or on a separate campus altogether. Some law schools are not connected with an undergraduate university at all. There are advantages and disadvantages to attending an independent law school. Such a school can devote all its resources to the law students, but may lack the rich culture of a university setting.
There may be other differences about the physical location or layout of the law building^) that make the law school environment unique. Does the law school share its campus with undergrads or graduate students? Does the law school share space with other departments? Are law school facilities located in one building or several? The presence or absence of a non-legal academic community affects not only the type and extent of extracurricular programs and activities, but also the sense of the law school as an insular institution.
In one sense, every law school is different, but in another sense, every law school is the same. Regardless of the idiosyncrasies of different law schools, the process of legal education is similar everywhere.
In this environment, a distinct law school culture has evolved. Law schools have their own student government (the Student Bar Association or SBA), activities, social events, intramural, and newspapers. Some law schools even have their own yearbooks. At many law schools, the students put on an annual comedy show, generally making fun of the faculty in a singular effort to even the score for a year's worth of abuse.
Within the law school culture, there are several common elements worth noting: First, rules and procedures take on a distinctly legal flavor. Announcements and information may be posted by the registrar, the Dean's Office, or teachers. You will be deemed to know what is in these notices by virtue of the doctrine of constructive notice. The upshot of this concept is that you have to watch out for announcements that pertain to you. The first example of constructive notice during your law school tenure will be the posting of class assignments on a wall or bulletin board prior to the beginning of classes. You will find very little hand-holding by law school teachers and administrators. Students who graduated from small intimate colleges may find this somewhat of a shock.
A second concept that permeates the rules and procedures is the notion of due process. Lawyers, more than those who are not trained in the law, tend to be aware of individual rights to hearings, representation, confrontation of accusers, and appeal. Most law schools operate under some code of conduct for dealing with academic dishonesty, as well as a code of academic standards to cover issues involving academic performance. Both sets of rules tend to focus heavily on due process and protection of the individual.
Another aspect of the law school culture is that it is a small world. The largest law school in the country has around 2,000 students; at most law schools the enrollment is no more than several hundred. The small size of the student body, combined with the nature of the educational process, means that students know much more about each other, law school affairs, and their professors than they did in all but the smallest undergraduate schools. Unlike your high school or college acquaintances, you will tend to maintain contact with many of your law school classmates throughout your career. At every law school there is a student grapevine, laden with information about everything from what courses to take, which firms to interview, to who is sleeping with whom. The old adage, "Believe a tenth of what you hear and half of what you see," is apropos.
Socializing and Breaks
You will find an abundance of opportunities for escape from law school studies in the form of parties and school-sponsored social events. During the year, there will be several receptions, mixers, and even a dance or two sponsored by the SBA. Many student organizations offer periodic social events for their members. And informal groups of students organize their own parties as a break from the grind of law school or meet at a local bar for drinks after class.
In fact, if you are interested, you can find a party almost every night. Unfortunately, partying leads you down a certain path of self- destruction in law school. Everyone needs an occasional break from study; however, the occasional break can easily become a regular habit. The party scene can become an escape from law school pressures generally, and may shift your values away from learning.
If you were a party animal in college, it may be difficult to break out of old patterns. Unfortunately, most of us cannot get by with the same antics we did in undergraduate school. In law school one all-nighter will not save a semester of neglect.
Law school provides abundant breaks between and during semesters. You will probably have two weeks or more between the end of first semester exams and the start of spring semester classes. Most schools provide a spring break midway through the second semester. And, of course, summers are open.
Students usually use breaks during the year either to get away for a vacation or to get ahead in their work. Sometimes you may not have a choice. If you decide to go on vacation, leave your guilt at home. If you take your books with you, plan and make time to study. If you have no time to study, do not make a pretense of it by surrounding yourself with symbols of law school while doing nothing to further your cause.
Summer vacation is another matter. Here are 12 to 14 weeks that you can utilize in a variety of different ways. How you choose to spend your summer vacation will have an impact, one way or the other, on your legal education.
A large percentage of law students work for legal employers during the summer. Although it is harder for them to find positions, many first year students take this option, even if they have to work for free. For some students, it is necessary to work in high paying non-legal jobs in order to earn enough to come back to school the next year.
Many students go to summer school, at their institution or abroad. You may find, however, that you are so burned out that you simply want to relax. And some students do just that after the first year. If you want to travel, this might be the time to do it, before you take your first job.
A final note about the law school culture is that it is competitive. Entrance to law school was competitive; law school itself is competitive; and law practice by its nature is competitive. Your relationships with other students will be colored by competition. Ironically, many students try to deny the competitive nature of the process. They will say to each other that grades don't matter. They will ostracize fellow students who appear too competitive. They may deny to other students that they study as much as they do. On the other hand, competitiveness can go too far. In all likelihood, before you graduate from law school, you will hear about at least one cheating incident at your school. You will see other examples, such as library books being miss-shelved by unscrupulous students. If you should be tempted, it's not worth it. In the 1988 presidential campaign, a law school indiscretion may have cost one candidate the nomination for the presidency of the United States.
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