Making the Most of Law School Class Time Taking Notes

Thanks to the proliferation of laptops, law school students are now able to take down nearly every word of their classroom discussions on the computer. Although many law students still take handwritten notes, either because they prefer a pen and paper or because a given professor refuses to let laptops into the classroom, laptops have come on the law school scene with a vengeance and show little chance of disappearing. Regardless of how you choose to take notes, keep these few ideas in mind.

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I was totally excited by the law school phenomenon of taking notes on a laptop computer. Not only could I type five times faster than I could write, I loved the idea of being easily able to pull up my case briefs for reference during class. So the first thing I did when I came to law school was buy a brand-new laptop.

Each day, my Civ Pro professor would put four or five students in the hot seat and grill them mercilessly about the Federal Rules. The day before he had catted on two people next to me, and I just knew I was next. So that night I prepared meticulously for class and assembled some pretty good notes on the reading.

The next day in class, the professor spent a good 40 minutes gritting another student. Glancing at the clock, I was pretty sure I was off the hook. But sure enough Just as I was about to heave a sigh of relief, I heard, "Why would the Federal Rules allow this? Mr. Khan?" No problem; I was ready. I had all my notes right in front of me. No problem, except for the fact that somewhere between "Mr." and "Khan" my laptop flashed a Earning: your battery is out of power; computer will now go to sleep" message. Ho-hum.

-JOSEPH J. KHAN, UNIVERSITY OF CHICAGO LAW SCHOOL

First, law professors use hypotheticals with great frequency, and you should try to write them down when possible to help you study for exams. (Professors often use similar hypotheticals on their exams.) Although the standard note-taking you learned in high school or college will serve you well as you attempt to write down a case's holding or a point raised by another student, hypotheticals are the backbone of a legal education in their ability to bring different factual scenarios to bear on a given legal principle.

Second, make sure that you write down case names and page references as you take notes on the discussion of a given topic in class. Many examinations are "open-book," and being able to locate a specific idea or quotation quickly may help you immensely when the test is given. In addition, this practice will help get you more comfortable with the idea of referring to cases as a matter of routine. While professors want to know what you think when you take a test, part of learning to think like a lawyer is the ability to find support in the law for your position. Thus, you do not simply want to say that "the Constitution gives courts the power of judicial review," but rather that "Marbury v. Madison announced that the Constitution gives courts the power of judicial review." Learning to refer to cases that stand for certain legal propositions is a skill you will find useful throughout your law school career.

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Asking Questions in Your Law School Classes

Because casebook reading is often so difficult and the study of law initially so foreign, many students begin law school feeling that they are a little behind their peers. While undoubtedly there will be some pre-law majors in your class or people with prior legal experience, the great majority of students are similarly new to the study of law. It is important to remember this as you sit in class each day and attempt to digest the material. For there are few places where it is more accurate to say that if you do not understand what is going on, there are undoubtedly others similarly confused.

You may find in your classes that there are a handful of students who speak up regularly. Some of these students might be admired as thoughtful students who pore over the reading each night and come prepared to discuss it the following day. Others may be less well-liked if they "pounce" when a fellow student hesitates before answering or seem to be talking nearly as much as the professor. The line between being one who occasionally comments and what some students call a "gunner"-loosely speaking, one who talks not to have a question answered, but rather to indicate how smart he or she is-can be a fine one. While students should generally feel comfortable speaking up in class, if you find yourself talking many times each day, it may be wise to sit back and listen for a while.

Discretion is the better part of class participation. You must judiciously determine what sort of nickname you want, because you will have one. The most dreaded is "Helium Hand." Every class has at least two. The most prolific Helium Hand in my class earned the nickname early in first semester. The nickname, however, was not all that accurate because he chose not to raise his hand, but rather to speak out without being acknowledged by the professor. This went on for several weeks until one famous day in Torts.

Much like any other day.

Torts was peppered with Helium Hand's usual quips. But on this day, the professor had reached his limit. After one outburst in the middle of class, he turned to Helium Hand and said, "Would you just shut up!" This brought the class to a complete stop because of the laughter and applause. Helium Hand was deflated for a few weeks, but, much like a phoenix, he rose again (although then he raised his hand instead of just blurting out his responses).

-DAVID E. CARNEY, WILLIAM & MARY SCHOOL OF LAW

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