“Effective Use of STUDY AIDS to Improve Case Briefing and

Transcription

“Effective Use of STUDY AIDS to Improve Case Briefing and
“Effective Use of STUDY AIDS
to Improve Case Briefing
and Comprehension”
ACE Series
Fall 2013
OFFICE OF ACADEMIC SUCCESS
CHARLESTON SCHOOL OF LAW
1
Using Study Aids – The Seven “P”s
Proper
Prior
Preparation
Provides for
Potentially
Perfect
Performance
2
Using Study Aids
Pre-Reading
Co-Reading
Post-Reading
Summarizing
Internalizing
Memorizing
Practicing
3
Pre-Reading – Why?
• LANGUAGE
• SECTIONS
• ARC
• ROADMAP
4
Pre-Reading
Do we learn a new language by
reading the hardest to understand,
“not written for us” items first?
NO!
5
Pre-Reading
But isn’t that what we do if we read
an abridged appellate decision as
the very first thing we use to learn?
YES!
6
Pre-Reading
Appellate decisions are written for
Judges
Licensed, Practicing Attorneys
NOT FIRST-YEAR LAW STUDENTS!
7
Pre-Reading - Nutshell Series
• The “Law in a Nutshell”
books provide the
fundamentals of a subject
in easy-to-read language.
• The “Nutshells” cover the
major concepts, terms and
cases without heavy detail.
• No need to take notes –
just absorb the basics!!
8
Pre-Reading
Do we learn a whole course at once?
NO!
9
Pre-Reading- Sections
That would be like eating
a whole pan of lasagna
at one time!
10
11
Pre-Reading- Sections
Portion Control!
12
Pre-Reading- Sections
13
Pre-Reading - Nutshell Series
• The “Law in a Nutshell”
books provide a succinct
summary of a subject that
can be read
section by section
and is
easily digestible!
14
Pre-Reading
Learn the “Arc” of the
“Story” for that section!
15
Pre-Reading - Nutshell Series
• The “pot of gold” is filled
with the “TAKEAWAYS” for
that section of the course!
20
Pre-Reading
Would you take a trip without
knowing where you’re going?
NO!
21
Get a ROADMAP!
Pre-Reading - Nutshell Series
• The “Nutshells” let you
know the “lay of the land”
and where the course and
professor are going before
you start on the trip!
23
Get a STREETMAP!
Personal Law School GPS
Pre-Reading - Acing Series
• “Acing” Series uses a
“checklist” format to
synthesize material into a
clear, systematic, step-by-step
“roadmap” approach to
spotting and evaluating legal
issues and solving problems.
• Knowing your “points” before
you start and throughout your
trip aids comprehension and
overall understanding!
• Print out or copy “Checklists”
and “Points to Remember”!
26
Bottom Line on Pre-Reading
No MYSTERIES!
No SURPRISES!
27
Pre-Reading  Co-Reading
What’s the STORY?
28
Pre-Reading  Co-Reading
29
Pre-Reading  Co-Reading
30
Pre-Reading  Co-Reading
Westlaw/Lexis
Syllabus & HEADNOTES
Pre-Read for Story & Schema
“Brief It” or “Case Brief”
31
Syllabus
SYLLABUS
32
Put the Headnotes Back In!!

33
Co-Reading
Westlaw/Lexis
Keep the Case Open!
Read for Facts
Ensure Accuracy
34
Co-Reading
Use a “Legal Dictionary”
(There’s no excuse. It’s online!)
35
Co-Reading
36
Co-Reading  Post-Reading
Read Cases in “NOTES” for Hypos
Westlaw/Lexis
Syllabus & HEADNOTES
“Brief It” or “Case Brief”
37
Co-Reading  Post-Reading
Try to Avoid “Canned Briefs”
(OK, “Learning is in the Doing,”
yes, but some are keyed to book
and may be helpful in a pinch!)
38
Co-Reading  Post-Reading
39
Post-Reading
Use “Basic”, “Introductory” or
“Foundational” texts to get a
general overview of a subject area.
Use “Hornbooks” to answer specific
questions, deepen understanding,
and check comprehension.
Always read before asking professor!
40
Basic, Introductory, or Foundational
• These basic general texts
provide good overviews
with some detail on cases,
rules, policy & trends, so
relatively easy reading.
• Usually assumes some prior
knowledge of the subject,
so requires more intense
reading than Nutshells but
not as much as a hornbook.
41
“Classic” Hornbooks
• A classic “Hornbook” is a thick,
subject-specific, one-volume
tome with great detail on
cases, rules, policy & trends.
• May be “keyed” to casebook,
even by same authors.
• Professors may list on Syllabus
as “Recommended Reading,”
but ask if they don’t because
“classics” can be a tough read!
42
“Concise” Hornbooks
• “Concise” or paperback
hornbooks cover an area of
law with less depth, cases,
and footnotes than hardbound hornbook.
• Series may be called
“Concise Hornbook,”
“Mastering,” or
“Understanding,” which is
probably the most
recommended by
professors and students.
43
Summarizing/Outlining - Start Early!
• Start your course summaries early,
generally by the end of the second
week of classes. Don’t WAIT!!
• The earlier you start, the more
likely you will get questions
answered when the material is still
fresh in your mind and the
professor’s, rather than dated.
44
Summarizing/Outlining
The LEARNING is in the DOING!!!
45
Summarizing – Commercial Outlines
46
Internalize for “Deep” Comprehension
• GOAL – Deep and Meaningful
Comprehension . . . to your gut!
• Comprehension really means “do
you get it” and can you verbally and
visually explain it to others, like
your Study Group or Partner(s) or
teach to an imaginary class!
47
Internalize for “Deep” Comprehension
• There are many Study Aids that can help
internalizing for “deep” comprehension.
• Look in the Law Library, including Study
Aids area, the Stacks, on Reserve, the
Reference Room, and even on the Web.
• Look for Books, CDs, Podcasts, Videos,
and other items. Use what works for you!
48
Internalize - Flowcharts/Logic Maps
Flowcharts can be hard to
do at first. There are some
commercial flowchart
books available until you
feel comfortable making
your own visual aids.
49
Internalize - Flowcharts/Logic Maps
You HAVE TO check out this
unbelievable resource for
Civil Procedure by our own
Professor Bill Janssen.
It’s AMAZING!!!!
50
Internalize – Check Comprehension
Another very useful aid for
checking comprehension is
the Examples and
Explanations Series, which
does exactly what the title
says – provides examples
and explanations of
different subject areas.
51
Yes, there are just some things in
law school, like RULES, that
you’re going to simply have to
Memorize!!
52
Memorize - Commercial Flashcards
The “Learning is in the Doing”
of making your own flashcards
will ALWAYS do more for your
overall comprehension and
memorization!! ALWAYS!!
The Law in a Flash Series
provides general rules and
examples - can be good start.
BUT you will need to adapt the
flashcards to your particular
course and your professor!!!!
53
Practice, Practice, Practice!!!
• There are many Study Aids that can
help you to practice both Essay and
Multiple Choice Questions (MCQs).
• To gain EXPERTISE, you must get
FEEDBACK on your practicing,
whether from a professor, from a
fellow student, or from a study aid.
54
Practicing – Essay Questions
55
Practice – Essay Questions
A very useful aid for essay
practicing is the Examples
and Explanations Series.
Use as jumping off point to
make your OWN hypos
tailored to your course and
your own professor and
then answer them and
check each other’s work!
56
Practicing - MCQs & Short Answer Questions
The Question and Answer or
“Q & A” Series provides a
wealth of short questions with
answers that explain the
correct answer and the
incorrect answers.
These aids are very useful for
courses with multiple choice
questions (MCQs) and Short
Answer (“either you know it or
you don’t”) questions.
57
Practice, Practice, Practice!!!
• Bar Review Courses like BarBri, Rigos, and
Kaplan/PMBR, also have outlines and
practice questions for all 1L courses.
• CALI lessons and questions are also a
great source to check and aid learning.
• Check with the Bar Prep Reps and the
Reference Law Librarians for help with
finding these great practice resources!
58
General Information
“Expert Learning for Law
Students” by Michael
Hunter Schwartz (2nd ed.)
This great book goes into
more detail on the skills
and techniques of
“expert” law students and
is well worth a read.
The text is accompanied
by a “workbook”.
59
Questions?
Dean Mark E. Hoch
Office of Academic Success
[email protected]
(843) 377-1104
60