What Every Law Student Really Needs to Know: An Introduction to the Study of Law » (New Edition)

With the aim of decreasing students' anxiety and increasing their chances of achieving academic success, What Every Law Student Really Needs to Know: An Introduction to the Study of Law prepares students to get through their first year of law school.

Introduction 1

Chapter 1 What to Expect in Law School 5

The First Year of Law School 6

Reading Assignments 6

Teaching Methods 9

Courses Taught in the First Year 12

Becoming a Lawyer 14

Preparing for Law School 18

Chapter 2 Government and Law 23

The Structure of American Government 23

The Law: Sources, Types, and Meanings 26

Sources 26

Types 30

Meanings 34

Choosing an Enforcement Regime 40

Chapter 3 The Structure of the American Legal System 43

Legal Systems 43

Adversarial and Inquisitorial Regimes 43

Common Law and Civil Law 44

Private Law and Public Law 47

Courts 48

The Dual Court Systems in the United States 49

The United States Supreme Court 53

Navigating the Courts 54

Litigation: Myth and Reality 55

The Vanishing Jury Trial and the Focus on the Pretrial Phase 56

Remedies 58

Financing Litigation 59

Chapter 4 The Legal Toolbox: Basic Techniques 63

Introduction: The Function of Legal Techniques 64

Reading Carefully 65

Reading Legal Sources 65

Reading Cases 73

Reasoning Styles 80

Analytical Reasoning 80

Analogical Reasoning 85

Chapter 5 The Legal Toolbox: Concepts 91

Dichotomies 91

Rules versus Standards 92

Categorization versus Balancing 96

Objective versus Subjective 97

Cross-Cutting Legal Doctrines 98

Precedent and Stare Decisis 98

States of Mind 101

Burdens of Proof 102

Standards of Review 104

Other Common Concepts 107

Law and Economics (or Economic Analysis of Law) 108

Cognitive Psychology and the Law (or Behavioral Law and Economics) 116

Other Useful Concepts 118

What If a Tool Isn't Listed Here? 121

Chapter 6 The Legal Toolbox: Strategies 123

ClassPreparation 123

In Class 141

Outside of Class 143

Exams 145

Conclusion 149

Resources 151

Law School References: How to Look and Be Smarter in the Classroom and Beyond 151

An American History Refresher 151

Theoretical Frameworks of American Law 166

Looking Ahead: After Law School 174

What Lawyers Do 174

Career Choices 176

Acknowledgments 181

Test Your Understanding: Answers and Analysis 183

Table of Figures and Test Your Understanding Exercises 201

Index 203